Administrative Order No. 1980-3 is hereby rescinded, and the following procedure is established for the election of judicial members of the Judicial Tenure Commission.
Each year in which the term of a commissioner selected by the judges of the courts of this state expires, the State Court Administrator shall send a notice to all judges eligible to vote for the commissioner position to be filled that they may nominate judges to fill the position. The notice, with a nominating petition, shall be mailed before July 17, with the instruction that, to be valid, nominating petitions must be filed at the office of the administrator in Lansing before September 1.
For a judge to be nominated petitions must be signed by at least ten judges eligible to vote for the nominee, except that a judge of the Court of Appeals may be nominated by petitions signed by five judges of that court. The administrator shall determine the validity of each nomination.
Before September 20, the administrator shall mail a ballot to every judge eligible to vote. A ballot will not be counted unless marked and returned in a sealed envelope addressed to the office of the administrator in Lansing with a postmark of not later than October 20.
In the event there is only one nominee, a ballot will not be mailed, and the nominee will be declared elected. The State Court Administrator will certify the declared election to the Chief Justice of the Supreme Court, Supreme Court Clerk and Executive Director of the Judicial Tenure Commission before December 15.
The administrator or designee, and three tellers appointed by the administrator, shall canvass the ballots and certify the count to the Supreme Court Clerk before November 1. The nominee receiving the highest number of votes will be declared elected. If there is a tie vote, the administrator shall mail a second ballot, consisting of those nominees receiving the highest count, by November 1.
The second ballot must be marked and returned in a sealed envelope addressed to the office of the administrator in Lansing with a postmark of not later than November 30. The four tellers shall canvass these second ballots and, if a tie vote still results, they shall determine the successful nominee by lot. They shall certify the count or the result of the selection by lot to the Supreme Court Clerk before December 15.
If a vacancy occurs or is impending, the judicial tenure commission shall notify the administrator promptly. The procedure set forth above shall be followed, except that time limits may be shortened to insure that the election occurs within 90 days, and the dates set forth above shall not be applicable.
Mich. Admin. Ord. Administrative Order No. 1991-7