Bill Text: MI HB5571 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: petitions; provisions regarding ballot initiative petitions, constitutional amendment petitions, and nominating petitions; modify, and provide for the statistical random sampling of certain petition signatures. Amends secs. 482, 482a & 544c of 1954 PA 116 (MCL 168.482 et seq.). TIE BAR WITH: HB 5575'24, HB 5573'24, HB 5572'24, HB 5576'24
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced) 2024-03-14 - Bill Electronically Reproduced 03/13/2024 [HB5571 Detail]
Download: Michigan-2023-HB5571-Introduced.html
HOUSE BILL NO. 5571
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 482, 482a, and 544c (MCL 168.482, 168.482a, and 168.544c), section 482 as amended and section 482a as added by 2018 PA 608 and section 544c as amended by 2018 PA 650.
the people of the state of michigan enact:
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Sec. 482. (1) Each petition under this section must be 8-1/2
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inches by 14 inches in size.
(2) If the measure to be submitted proposes a constitutional amendment, initiation of legislation, or referendum of legislation, the heading of each part of the petition must be prepared in substantially the following form and be printed in capital letters in 14-point boldfaced type:
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INITIATIVE PETITION |
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AMENDMENT TO THE CONSTITUTION |
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OR |
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INITIATION OF LEGISLATION |
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OR |
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REFERENDUM OF LEGISLATION |
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PROPOSED BY INITIATIVE PETITION |
(3) A summary in not more than 100 words of the purpose of the proposed amendment or question proposed must follow and be printed in 12-point type. The full text of the amendment so proposed must follow the summary and be printed in 8-point type. If the proposal would alter or abrogate an existing provision of the constitution, the petition must so state and the provisions to be altered or abrogated must be inserted, preceded by the words:
"Provisions of existing constitution altered or abrogated by the proposal if adopted."
(4) The following statement must appear beneath the petition heading:
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"We, the undersigned qualified and registered electors, residents in the city or township (strike 1) of _________________ in the county of _________________________ congressional district in the state of Michigan, respectively petition for (amendment to constitution) (initiation of legislation) (referendum of legislation) (other appropriate description).". |
(5) The following warning must be printed in 12-point type immediately above the place for signatures, on each part of the petition:
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WARNING |
A person An individual who knowingly signs this petition more than once, signs a name other than his or her the individual's own, signs when not a qualified and registered elector, or sets opposite his or her the individual's signature on a petition, a date other than the actual date the signature was affixed, is violating the provisions of the Michigan election law.
(6) Subject to subsections (7) and (8), the remainder of the petition form must be as provided following the warning to electors signing the petition in section 544c(1). In addition, the petition must comply with the requirements of section 544c(2).
(7) Each petition under this section must provide at the top of the page check boxes and statements printed in 12-point type to clearly indicate whether the circulator of the petition is a paid signature gatherer or a volunteer signature gatherer.
(8) Each petition under this section must clearly indicate below the statement required under subsection (7) and be printed in 12-point type that if the petition circulator does not comply with all of the requirements of this act for petition circulators, any signature obtained by that petition circulator on that petition is
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invalid and will not be counted.
Sec. 482a. (1) If an individual who circulates a petition under section 482 is a paid signature gatherer, then that individual must, before circulating any petition, file a signed affidavit with the secretary of state that indicates he or she is a paid signature gatherer.
(2) Any signature obtained on a petition under section 482 by an individual who has not filed the required affidavit under subsection (1) is invalid and must not be counted.
(1) (3) If the circulator of a petition under section 482 provides or uses a false address or provides any fraudulent information on the certificate of circulator, any signature obtained by that circulator on that petition is invalid and must not be counted.
(2) (4) If a petition under section 482 is circulated and the petition does not meet all of the requirements under section 482, any signature obtained on that petition is invalid and must not be counted.
(3) (5) Any signature obtained on a petition under section 482 that was not signed in the circulator's presence is invalid and must not be counted.
(4) The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine whether a petition under section 482 complies with the requirements of this section.
Sec. 544c. (1) A nominating petition must be 8-1/2 inches by 14 inches in size. On a nominating petition, the words "nominating petition" must be printed in 24-point boldface type. "We, the undersigned," et cetera must be printed in 8-point type. "Warning"
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and language in the warning must be printed in 12-point boldface type. The balance of the petition must be printed in 8-point type. The name, address, and party affiliation of the candidate and the office for which petitions are signed must be printed in type not larger than 24-point. The petition must be in substantially the following form:
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(PARTISAN) |
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We, the undersigned, registered and qualified voters |
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of the city or township of .................. , in the county |
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(strike 1) |
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of ................... and state of Michigan, nominate, |
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.............................................................. , |
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(Name of Candidate) |
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.............................................................. , |
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(Street Address or Rural Route) (City or Township) |
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as a candidate of the ................... party for the office of .......................... , |
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.............................................................. , |
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(District, if any) |
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to be voted for at the primary election to be held on the ............ day of ............. , 20 ........ . |
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WARNING |
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A person An individual who knowingly signs more petitions for the same office than there are persons individuals to be elected to the office, signs a petition more than once, or signs a name other than his or her the individual's own is violating the provisions of the Michigan election law. |
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Printed |
Street Residence Address |
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Name and |
or |
Date of Signing |
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Signature |
Rural Route |
Zip Code |
Mo. |
Day |
Year |
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1. _______________________________________________________________ |
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2. _______________________________________________________________ |
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3. _______________________________________________________________ |
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4. _______________________________________________________________ |
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numbered lines as above |
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CERTIFICATE OF CIRCULATOR |
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The undersigned circulator of the above petition asserts that he or she the circulator is 18 years of age or older and a United States citizen; that each signature on the petition was signed in his or her the circulator's presence; that he or she the circulator has neither caused nor permitted a person an individual to sign the petition more than once and has no knowledge of a person an individual signing the petition more than once; and that, to his or her the circulator's best knowledge and belief, each signature is the genuine signature of the person individual purporting to sign the petition, the person individual signing the petition was at the time of signing a registered elector of the city or township listed in the heading of the petition, and the elector was qualified to sign the petition.
Circulator—Do not sign or date certificate until after circulating petition.
____ If the circulator is not a resident of Michigan, the circulator shall must make a cross or check mark on the line provided, otherwise each signature on this petition sheet is
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invalid and the signatures will not be counted by a filing official. By making a cross or check mark on the line provided, the undersigned circulator asserts that he or she the circulator is not a resident of Michigan and agrees to accept the jurisdiction of this state for the purpose of any legal proceeding or hearing that concerns a petition sheet executed by the circulator and agrees that legal process served on the secretary of state or a designated agent of the secretary of state has the same effect as if personally served on the circulator.
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________________________________________________ |
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(Printed Name and Signature of Circulator) (Date) |
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(Complete Residence Address (Street and Number or Rural |
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Route)) Do not enter a post office box |
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________________________________________________ |
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(City or Township, State, Zip Code) |
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________________________________________________ |
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(County of Registration, if Registered to Vote, of a |
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Circulator who is not a Resident of Michigan) |
Warning-A circulator knowingly making a false statement in the above certificate, a person an individual not a circulator who signs as a circulator, or a person an individual who signs a name other than his or her the individual's own as circulator is guilty of a misdemeanor.
(2) The petition must be in a form providing a space for the circulator and each elector who signs the petition to print his or her the circulator's or elector's name. The secretary of state shall must prescribe the location of the space for the printed name. The failure of the circulator or an elector who signs the
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petition to print his or her the circulator's or elector's name, to print his or her the circulator's or elector's name in the location prescribed by the secretary of state, or to enter a zip code or his or her the circulator's or elector's correct zip code does not affect the validity of the signature of the circulator or the elector who signs the petition. A printed name located in the space prescribed for printed names does not constitute the signature of the circulator or elector. If an elector does not include his or her the elector's signature, his or her street the elector's residence address or rural route, or the date of signing on the petition as required under subsection (1), the elector's signature is invalid and must not be counted by a filing official.
(3) If the circulator of a petition under section 482, a qualifying petition for an office named in section 590b(4), or a petition to form a new political party under section 685 is not a resident of this state, the circulator shall must indicate where provided on the certificate of circulator that he or she the circulator agrees to accept the jurisdiction of this state for the purpose of any legal proceeding or hearing initiated under section 476, 552, 590f(2), or 685 that concerns a petition sheet executed by the circulator and agrees that legal process served on the secretary of state or a designated agent of the secretary of state has the same effect as if personally served on the circulator.
(4) If the secretary of state or a designated agent of the secretary of state is served with legal process as described in subsection (3), the secretary of state shall must promptly notify the circulator by personal service or certified mail at the circulator's residential residence address as indicated in the certificate of circulator.
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(5) The circulator of a petition shall must sign and date the certificate of circulator before the petition is filed. A circulator shall must not obtain electors' signatures after the circulator has signed and dated the certificate of circulator. A filing official shall must not count electors' signatures that were obtained after the date the circulator signed the certificate or that are contained in a petition that the circulator did not sign and date.
(6) Except as provided in section 544d, a petition sheet must not be circulated in more than 1 city or township and each signer of a petition sheet must be a registered elector of the city or township indicated in the heading of the petition sheet. The invalidity of 1 or more signatures on a petition does not affect the validity of the remainder of the signatures on the petition.
(7) An individual shall must not sign more nominating petitions for the same office than there are persons individuals to be elected to the office. An individual who violates this subsection is guilty of a misdemeanor.
(8) An individual shall must not do any of the following:
(a) Sign a petition with a name other than his or her the individual's own.
(b) Make a false statement in a certificate on a petition.
(c) If not a circulator, sign a petition as a circulator.
(d) Sign a name as circulator other than his or her the individual's own.
(9) Except as otherwise provided in subsection (10), an individual who violates subsection (8) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
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(10) An individual shall must not sign a petition with multiple names. An individual who violates this subsection is guilty of a felony.
(11) If after a canvass and a hearing on a petition under section 476 or 552 the board of state canvassers determines that an individual has knowingly and intentionally failed to comply with subsection (8) or (10), the board of state canvassers may impose 1 or more of the following sanctions:
(a) Disqualify obviously fraudulent signatures on a petition form on which the violation of subsection (8) or (10) occurred, without checking the signatures against local registration records or the qualified voter file.
(b) Disqualify from the ballot a candidate who committed, aided or abetted, or knowingly allowed the violation of subsection (8) or (10) on a petition to nominate that candidate.
(12) If an individual violates subsection (8) or (10) and the affected petition sheet is filed, each of the following who knew of the violation of subsection (8) or (10) before the filing of the affected petition sheet and who failed to report the violation to the secretary of state, the filing official, if different, the attorney general, a law enforcement officer, or the county prosecuting attorney is guilty of a misdemeanor , punishable by a fine of not more than $500.00 or imprisonment for not more than 1 year, or both:
(a) The circulator of the petition, if different than the individual who violated subsection (8) or (10).
(b) If the petition is a nominating petition, the candidate whose nomination is sought.
(c) If the petition is a petition for a ballot question or
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recall, the organization or other person sponsoring the petition drive.
(13) If after a canvass and a hearing on a petition under section 476 or 552 the board of state canvassers determines that an individual has violated subsection (12), the board of state canvassers may impose 1 or more of the following sanctions:
(a) Impose on the organization or other person sponsoring the petition drive an administrative fine of not more than $5,000.00.
(b) Charge the organization or other person sponsoring the petition drive for the costs of canvassing a petition form on which a violation of subsection (8) or (10) occurred.
(c) Disqualify an organization or other person described in subdivision (a) from collecting signatures on a petition for a period of not more than 4 years.
(d) Disqualify obviously fraudulent signatures on a petition form on which a violation of subsection (8) or (10) occurred without checking the signatures against local registration records or the qualified voter file.
(e) Disqualify from the ballot a candidate who committed, aided or abetted, or knowingly allowed a violation of subsection (8) or (10) on a petition to nominate that candidate.
(14) If an individual refuses to comply with a subpoena of the board of state canvassers in an investigation of an alleged violation of subsection (8), (10), or (12), the board may hold the canvass of the petitions in abeyance until the individual complies or may disqualify the candidate from the ballot if the individual does not comply by the deadline to complete the canvass.
(15) A person An individual who aids or abets another in an act that is prohibited by this section is guilty of that act.
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(16) The provisions of this section except as otherwise expressly provided apply to all petitions circulated under authority of the election law.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5575 (request no. 05032'23).
(b) Senate Bill No.____ or House Bill No. 5573 (request no. 05697'24).
(c) Senate Bill No.____ or House Bill No. 5572 (request no. 05700'24).
(d) Senate Bill No.____ or House Bill No. 5576 (request no. 05701'24).
