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This file contains:
Howard McCowan to David Wilson, re: Filing expense account in the state of Michigan. 3 pages with attachments. [Letter], 4/27/1972
Dave to Frank DeCosta, Office of the Vice President, re: Michigan ballot proof. 1 page. [Memo], 9/15/1972
John Dean to Noble Melencamp, re: Proof copy of official ballot. 1 page. [Memo], 9/15/1972
Nixon to Richard Austin, re: List of potential Presidential candidates. 7 pages with attachments. [Letter], 3/14/1972
Michigan Legislature Enrolled House Bill No. 4901. 7 pages only cover scanned. [Brochure], n.d.
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26126618
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WHSF: Returned, 24-3
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1
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26126618
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document
title
WHSF: Returned, 24-3
description
This file contains:
Howard McCowan to David Wilson, re: Filing expense account in the state of Michigan. 3 pages with attachments. [Letter], 4/27/1972
Dave to Frank DeCosta, Office of the Vice President, re: Michigan ballot proof. 1 page. [Memo], 9/15/1972
John Dean to Noble Melencamp, re: Proof copy of official ballot. 1 page. [Memo], 9/15/1972
Nixon to Richard Austin, re: List of potential Presidential candidates. 7 pages with attachments. [Letter], 3/14/1972
Michigan Legislature Enrolled House Bill No. 4901. 7 pages only cover scanned. [Brochure], n.d.
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Richard M. Nixon's Returned Materials Collection
Returned White House Special Files
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Richard Nixon Presidential Library
White House Special Files Collection
Folder List
Box Number Folder Number Document Date
Document Type
Document Description
24
3
04/27/1972
Letter
Howard McCowan to David Wilson, re:
Filing expense account in the state of
Michigan. 3 pages with attachments.
24
3
09/15/1972
Memo
Dave to Frank DeCosta, Office of the Vice
President, re: Michigan ballot proof. 1 page.
24
3
09/15/1972
Memo
John Dean to Noble Melencamp, re: Proof
copy of official ballot. 1 page.
24
3
03/14/1972
Letter
Nixon to Richard Austin, re: List of potential
Presidential candidates. 7 pages with
attachments.
24
3
n.d.
Brochure
Michigan Legislature Enrolled House Bill
No. 4901. 7 pages only cover scanned.
Tuesday, May 01, 2007
Page 1 of 1
MICHIGAN DEPARTMENT OF STATE
RICHARD H. AUSTIN SECRETARY OF STATE
LANSING
MICHIGAN 48918
CIRCUMSPICE
April 27, 1972
Mr. David Wilson
110 Executive Office Building
The White House
Washington, D.C. 20000
Dear Mr. Wilson:
In reply to a telephone call received from Mr. Caddy of your office
relative to the necessity of a presidential candidate filing an
expense account in the state of Michigan for expenses incurred in
connection with the presidential primary election, I am enclosing a
copy of a letter received from the Attorney General of the state of
Michigan for your information.
Sincerely,
Howard A. McCowan
Elections Aide
HAM/emt
Attachment
MICHIG
THE
GREAT
LAKE
STATE
1
STATE OF MICHIGAN
DEPARTMENT OF ATTORNEY GENERAL
Upat
LEON S. COHAN
Deputy Attorney General
FRANK J. KELLEY
ATTORNEY GENERAL
LANSING
48913
April 7, 1972
Honorable Richard H. Austin
Secretary of State
Treasury Building
Lansing, Michigan 48913
Dear Mr. Austin:
You have requested opinion upon the following questions which
will be answered seriatim:
"1. Does Section 901 et seq of Act 116,
P.A. 1954, require an account to be
filed by a person whose name appears
on the ballot as a presidential candi-
date in a presidential primary election
held in accordance with Act 60, P.A.
1972?"
1954 PA 116, the Michigan election law, § 901, MCLA 168.901; MSA
6.1901, contains the following definitions:
"1. 'Candidate' shall apply to any per-
son whose name is printed on an official
ballot for public office or whose name has
been presented for public office, with his
consent, for nomination or election;
"2. 'Political committee' or 'committee'
shall apply to every combination of 2 or more
persons who shall aid or promote the success
or defeat of a candidate, or a political
party or principle or measure; and
"3. 'Public office' shall apply to any
national, state, county or city ward, vil-
lage or township office which is filled by
the voters of this state, as well as to the
office of presidential elector and United
States senator."
APR 10 1972
Hon. Richard H. Austin
Page 2
The election to be held on Tuesday, May 16, 1972 will neither
elect nor nominate a candidate of either major political party
for the office of President of the United States. In that respect,
I differentiate the same from an election at which a candidate for
the office of either United States Senator or Congressman will be
nominated or elected by Michigan electors. That election will
afford the electors an opportunity to designate the candidate of
their choice for nomination by their party for President. Dele-
gates to the national convention are required to be selected upon
a basis that insures the proportion of the total national conven-
tion delegation from Michigan that is uncommitted or committed to
each presidential candidate equals as near as is practicable the
proportion of the statewide popular vote that was cast as uncom-
mitted or for each respective presidential candidate of the parti-
cular political party's total statewide popular vote. National
convention delegates are bound to vote for the presidential candi-
date for whom they designated commitment, if any, when elected
until the end of the second ballot at the national convention un-
less that candidate has previously withdrawn or they have been
released. The presidential candidate of each political party is,
however, nominated by the delegates at the national convention
rather than "by the voters of this state." For that reason, I am
of the opinion that $ 901 does not require a person whose name
appears on the ballot as a presidential candidate to file an
account as specified in $ 901 et seq.
"2. If your answer to question 1 is in the
affirmative, where would such an account
be required to be filed?"
Answer to question 1 obviates answer to this question.
"3. Does Section 901 et seq of Act 116, P.A.
1954, require an account to be filed by
chairmen of a political committee aiding
or promoting the success or defeat of a
person whose name appears on the ballot
as a presidential candidate in a presi-
dential primary election held in accor-
dance with Act 60, P.A. 1972?"
Inasmuch as the term "candidate" as used in $ 901 et seq does not
include candidates at the preferential presidential primary elec-
tion, it follows that the term "political committee" as used in
said sections does not include a political committee aiding or
promoting the success or defeat of a person whose name appears
on the ballot as a presidential candidate at that election.
OFFICE OF THE VICE PRESIDENT
WASHINGTON, D.C.
September 15, 1972
Dave:
Another ballot proof from
Michigan. I think that we agree
that nothing further is required on
these, unless the President's and
Vice President's placement on the
ballot is incorrect for some reason.
of
Frank DeCosta
THE WHITE HOUSE
mich
WASHINGTON
September 15, 1972
MEMORANDUM FOR:
NOBLE MELENCAMP
FROM:
JOHN DEAN &
SUBJECT:
Return Receipt re Michigan Ballot
Section 168. 711 of the Michigan Election Code requires that each
County Board of Election Commissioners in Michigan send by registered
mail, with return receipt demanded, a proof copy of the official ballot
to every candidate whose name appears thereon. If the candidate desires
to correct the ballot, he must return it to the County Clerk with
corrections noted within two days of receipt.
Although the printed form used by County Clerks in Michigan to comply
with this provision of Michigan state law is worded so that the candidate's
signature should appear on the return receipt, there is no legal require-
ment that the candidate must personally sign the receipt. Therefore,
in order to save the President from the burden of signing each of the
receipts sent by the Clerks of every county in Michigan, I shall handle
this matter for him. A sample copy of how the return receipt will be
signed is attached for your information. I would appreciate your for-
warding each of these forms to me as they are received.
Thank you.
2
sg
EXECUTIVE
PL/NixoN
PL/ST22
ST2N
March 14, 1972
Dear Secretary Austin:
Thank you for your letter of March 4, in which
you notify me that my name is included on the
"List of Potential Presidential Candidates for
the Presidential Preference Primary, May 16,
1972."
It is with pleasure that I forward to you the
attached affidavit stating my party preference
and my willingness to have my name printed
on the Primary Ballot.
Sincerely,
R.N.
x
Honorable Richard H. Austin
Secretary of State
State of Michigan
Lansing, Michigan 48918
RN:Comm. for the Re-Election of the P:RE:blf
cc: Ray Price sent
32
Dispatched by
Mrscruger then
Conmitter for the
Regliction on
March 14, 1972
M
DRAFTLETTER
Dear Secretary Austin:
Thank you for your letter of March 4, in which you notify
me that my name is included on the "List of Potential
Presidential Candidates for the Presidential Preference
Primary, May 16, 1972".
It is with pleasure that I forward to the the attached
affidavit stating my party preference and my willingness
to have my name printed on the Primary Ballot.
Sincerely,
Richard H. Austin
Secretary of State
Michigan Department of State
Lansing, MI 48918
COMMITTEE FOR THE RE-ELECTION OF THE PRESIDENT
March 14, 1972
1701 PENNSYLVANIA AVENUE. N.W.
WASHINGTON. D. C. 20006
(202) 333-0920
MEMORANDUM FOR:
MR. RAYMOND PRICE
THROUGH:
JEB S. MAGRUDER
HARRY S. FLEMMING
FROM:
GLENN J. SEDAM, JR.
Attached is a draft letter for the President's signature
and an affidavit for the President to file in the Presi-
dential Preference Primary in Michigan.
The attached affidavit must be filed with the Michigan
Secretary of State not later than 4:00 pm this coming Fri-
day, March 17, 1972.
It is my understanding that Harry Flemming's shop plans
to have this hand delivered in Lansing, Michigan: therefore,
after the President has signed the letter and executed the
affidavit, they should be returned to Harry Flemming for
hand delivery.
CC: G. Gordon Liddy
Michigan
Department of State
Lansing, Michigan 48918
RICHARD H. AUSTIN
Secretary of State
March 4, 1972
The President of the United States
The White House
Washington, D. C.
end
Mr. President:
Appended is a copy of the "List of Potential Presidential Candidates for
the Presidential Preference Primary, May 16, 1972".
NM
This notice serves as official notice that your name is included on the
list.
Also please find a copy of the text of a letter addressed to you, dated
February 28, 1972, which letter served to advise you of actions required
by you if you wish to have your name appear on the Michigan Primary
Ballot.
Sincerely,
RICHARD H. AUSTIN
SECRETARY OF STATE
RHA/bat
Attachment
1-L
MICHIGAN DEPARTMENT OF STATE
THE CAPITOL
LANSING
RICHARD H. AUSTIN SECRETARY OF STATE
MICHIGAN 48918
CIRCUMSPICE
LIST OF POTENTIAL CANDIDATES
FOR PRESIDENTIAL PREFERENCE PRIMARY,
MAY 16, 1972
Act 60 of the Public Acts of 1972 provides for a Presidential Preference
Primary election in Michigan.
One of the provisions of this act provides that the Secretary of State
must on the 1st Friday in March issue a list "of the individuals generally
advocated by the national news media to be potential presidential candi-
dates for each party's nomination by the political parties for which a
presidential primary will be held
The parties in Michigan for which a presidential preference primary will
be held are:
Democratic
Republican
American Independent.
Pursuant to this directive, I hereby issue the following alphabetical list
of potential presidential candidates for the primary of May 16, 1972, each
of whom must file an affidavit with this office not later than March 17,
1972, authorizing his name to be included on the ballot and naming the
political party under which his name is to be entered.
Congressman John M. Ashbrook
Congresswoman Shirley Chisholm
Senator Vance Hartke
Senator Hubert H. Humphrey
Senator Henry Jackson
Senator Edward Kennedy
Mayor John Lindsay
Senator Eugene McCarthy
Congressman Paul N. McClosky
Senator George McGovern
Congressman Wilbur D. Mills
Senator Edmund Muskie
President Richard M. Nixon
Governor George Wallace
Mayor Sam Yorty.
hushn
RICHARD H. AUSTIN
SECRETARY OF STATE
Michigan
March 2, 1972
MICHIGAN
THE
GREAT
LAKE
STATE
1-L
Michigan
Y
Department of State
Lansing, Michigan 48918
RICHARD H. AUSTIN
Secretary of State
February 28, 1972
Nm
The President of the United States
The White House
Washington, D. C.
Mr. President:
The Michigan Legislature recently enacted a bill providing for a presidential
preference primary to be held in this state on May 16, 1972, (Act 60, Public
Acts of 1972).
One of the provisions of this bill requires that I, as Secretary of State,
prepare a list containing the names of individuals generally advocated by the
national news media to be potential presidential candidates. This list must
be issued by March 3, 1972.
A candidate whose name has been placed on the list and who desires to have his
name printed on the ballot in Michigan must provide the Secretary of State with
an affidavit indicating his party preference and his willingness to have his
name printed on the ballot. This affidavit must be filed with the Secretary of
State no later than 4 p.m. (EST) March 17, 1972. The name of no candidate will
be printed on our ballots unless the affidavit signed by him is received by that
date. If an affidavit is filed, the name will appear on the ballot unless a
withdrawal is filed with the Secretary of State no later than 4 p.m. (EST)
March 17, 1972.
At present I am preparing the required list. It is my plan to include your name
on this list. This letter is an indication of my intention to do so, thereby
affording you a few extra days in which to file the needed affidavit if you wish
to appear on the preferential ballot. Please do not date any such reply prior
to March 3.
I have enclosed a copy of Act 60 for your information.
Richard Sincerely, 11 Custom
RICHARD H. AUSTIN
SECRETARY OF STATE
RHA/bat
Enclosure
1.L
STATE OF MICHIGAN
76TH LEGISLATURE
REGULAR SESSION OF 1972
Introduced by Reps. Damman and Defebaugh
Reps. Bradley, Brodhead, Thomas H. Brown, Cramton, Del Rio,
Dively, Guastello, Kildee, Mahalak, Mahoney, Mastin, Mro-
zowski, Smart, Smit, Roy Smith, Warner and Davis named as
co-sponsors
Enrolled House Bill No. 4901
AN ACT to amend sections 608 and 744 of Act No. 116 of the Public Acts of
1954, entitled "An act to reorganize, consolidate and add to the election laws;
to provide for election officials and prescribe their powers and duties; to provide
for the nomination and election of candidates for public office; to provide for
the resignation, removal and recall of certain public officers; to provide for the
filling of vacancies in public office; to provide for and regulate primaries and
elections; to provide for the purity of elections; to guard against the abuse of
the elective franchise; to define violations of this act; to prescribe the penalties
therefor; and to repeal certain acts and all other acts inconsistent herewith,"
being sections 168.608 and 168.744 of the Compiled Laws of 1948; to add sections
562a, 613 to 620, 623a, 624b, 624c, 624d and 624e; and to repeal certain acts
and parts of acts.
The People of the State of Michigan enact:
Section 1. Sections 608 and 744 of Act No. 116 of the Public Acts of 1954,
being sections 168.608 and 168.744 of the Compiled Laws of 1948, are amended
and sections 562a, 613 to 620, 623a, 624b, 624c, 624d and 624e are added to read
as follows:
Sec. 562a. In each presidential election year, the delegate ballot shall state
that the delegate is uncommitted or shall list the name of the candidate for
president of the United States for whom the delegate stated a commitment on
his nominating petition pursuant to section 624b. A write-in candidate who is
elected pursuant to this act shall be designated as uncommitted. Notwithstand-
ing the provisions of section 626, the names of the candidates for delegates shall
be printed on the same ballot and under the same party heading as the candi-
dates for president of that party are printed. Any ballot on which votes are cast
under more than 1 party heading is void.
Sec. 608. The board of primary election inspectors shall certify to the
county clerk the names of the electors so elected as delegates, naming the
political party upon whose ballot such electors were elected and in presidential
(67)