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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6429 April 7, 1987 ELECTIONS: Affidavit of identity of candidate The name of a candidate for public office may be printed on an election ballot provided the candidate files an executed affidavit of identity containing all the information required by MCL 168.558; MSA 6.1558. An election filing official may not refuse to certify the name of a candidate for placement on the ballot for failure to include an estimate of the number of petition signatures in the affidavit of identity of the candidate. Honorable Doug Cruce State Senator The Capitol Lansing, Michigan You have requested my opinion on a question which may be stated as follows: May the name of a candidate for public office be printed on an election ballot if the candidate does not file a completed affidavit of identity? In the Michigan Election Law, MCL 168.558; MSA 6.1558, the Legislature has provided: "(1) Any candidate filing nominating petitions or filing fee for any county, state, national, city, township, village, or school district office in any election, at the time of filing the nominating petitions or filing fee, shall file with the officer with whom the petitions or fee is filed 2 copies of an affidavit. The affidavit shall contain the candidate's name; address; ward and precinct where registered, if qualified to vote at that election; number of years of residence in the state and county; and other information that may be required to satisfy the officer as to the identity of the candidate. A candidate for election to office in a nonregistration school district may omit from the affidavit the ward and precinct where registered. If a candidate files the affidavit with an officer other than the county clerk or secretary of state, the officer shall immediately forward to the county clerk 1 copy of the affidavit by first class mail. The county clerk shall immediately forward 1 copy of the affidavit for state and national candidates to the secretary of state by first class mail. An officer shall not certify to the board of election commissioners the name of any candidate who shall fail to comply with this section." (Emphasis added.) You have advised that a filing official in Macomb County requires affidavits of identity filed by candidates for school district office to contain, in addition to the items articulated in MCL 168.558; MSA 6.1558, an estimate of petition signers and the signature of the candidate on the affidavit of identity. Your question concerns the validity of an affidavit of identity which does not contain all of the items required by this statute and the additional items required by the filing official. The language employed in a statute is to be given its commonly understood meaning unless the Legislature clearly indicates otherwise. Bingham v. American Screw Products Co., 398 Mich. 546, 563, 248 N.W.2d 537 (1976). In Twp of Southfield v. Drainage Board for Twelve Towns Relief Drains, 357 Mich. 59, 76, 97 N.W.2d 821 (1959), the court stated: "The use of the word 'shall' is mandatory and imperative and, when used in a command to a public official, it excludes the idea of discretion." See also, Ladies of the Maccabees v. Comm'r of Insurance, 235 Mich. 459, 465, 209 N.W. 581 (1926); People v. De La Mater, 213 Mich. 167, 171, 182 N.W. 57 (1921). Moreover, it is well established that: "(A) court must enforce clear and unambiguous statutory provisions as written. [Citations omitted.] ... The legislature is presumed to have intended the plain meaning of the words used by it. (Citations omitted.)" People v Langham, 101 Mich App 391, 396-397; 300 NW2d 572 (1980), lv den, 410 Mich 892 (1981). Thus, it is clear from the underscored portion of MCL 168.558; MSA 6.1558, that an affidavit of identity must contain the candidate's name, the candidate's address, the candidate's ward and precinct where registered, and the number of years the candidate has resided in the state and county. Although MCL 168.558; MSA 6.1558 does not contain language specifically requiring the candidate's signature on the affidavit of identity, it is clear that an affidavit submitted by a candidate must be signed in order to be valid. See, People v. Goff, 401 Mich. 412, 258 N.W.2d 57 (1977). MCL 168.558; MSA 6.1558, is silent with reference to the requirement that the affidavit of identity contain an estimate of petition signers. This statute, however, authorizes the filing official to require additional information "to satisfy the officer as to the identity of the candidate." Apparently, the filing official in question has imposed this additional requirement. The purpose of an affidavit of identity is to provide the public with complete identification of candidates for public office. In Sullivan v. Secretary of State, 373 Mich. 627, 630-631, 130 N.W.2d 392 (1964), the Michigan Supreme Court observed: "No one contends that it is not constitutionally permissible to the legislature to provide means for adequate identification by the electorate of candidates for public office, nor could such contention be made even arguably in the face of the quoted constitutional provisions requiring the passage of laws to preserve the purity of elections and to guard against abuses of the elective franchise. It has been the legislature's constant purpose to insist upon full and complete identification of candidates for public office in order to provide the electorate with the information necessary to cast their ballots effectively for the candidates of their choice. That purpose is evident not alone from section 561 of the election law with which we are directly concerned but, also, from section 558 (citation omitted), requiring candidates for nomination for any county, State or national office to file affidavits of identity; from section 561a (citation omitted), providing that when a candidate for nomination to any public office has the same given name and surname as the person last elected to such office when that person does not seek renomination, a statement must be printed below the name of such candidate that he is not the present holder of that office; and from section 557 (citation omitted), providing for the filing of affidavits by all candidates relative to any change which may have been made at any time in the name of a candidate and providing for the printing on the ballot of both the name of the candidate appearing on his nominating petitions and his name given at birth. In all these ways, as well as in others, the legislature has manifested its purpose to provide the electorate as adequate means of candidate identification as is practically possible. (Emphasis added.) Here, the requirement that a candidate provide an estimate of petition signers on an affidavit of identity is not reasonably related to the goal of providing the electorate "full and complete identification of candidates for public office." Instead, the sole purpose of this requirement is to assist the filing official in processing petitions filed by candidates. Clearly, it is not the intent of the Legislature to require this type of information on an affidavit of identity. It is my opinion, therefore, that the name of a candidate for public office may be printed on an election ballot provided the candidate files an executed affidavit of identity that contains all of the items set forth in MCL 168.558; MSA 6.1558. It is my further opinion that an election filing officer may not refuse to certify the name of a candidate for failure to include an estimate of the number of petition signers in the affidavit of identity of the candidate. Frank J. Kelley Attorney General
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