Bill Text: MI HB5574 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Elections: petitions; duties of the secretary of state and the board of state canvassers regarding ballot initiative and constitutional amendment petitions; modify. Amends secs. 474a, 475, 478, 480, 481 & 485 of 1954 PA 116 (MCL 168.474a et seq.) & repeals sec. 709 of 1954 PA 116.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Passed) 2024-12-31 - Assigned Pa 234'24 [HB5574 Detail]
Download: Michigan-2023-HB5574-Chaptered.html
Act No. 234
Public Acts of 2024
Approved by the Governor
January 17, 2025
Filed with the Secretary of State
January 17, 2025
EFFECTIVE DATE: April 2, 2025
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. Andrews, Paiz, Tsernoglou, Neeley, Brenda Carter, Young, Conlin, Dievendorf, MacDonell, Byrnes, Hill, Rheingans, Morgan, McKinney, Hood, Brabec and Brixie
ENROLLED HOUSE BILL No. 5574
AN ACT to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; 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 provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 474a, 475, 478, 480, 481, and 485 (MCL 168.474a, 168.475, 168.478, 168.480, 168.481, and 168.485), section 474a as amended by 1999 PA 219, section 475 as amended by 2022 PA 40, section 480 as amended by 2012 PA 276, and section 485 as amended by 1994 PA 152; and to repeal acts and parts of acts.
The People of the State of Michigan enact:
Sec. 474a. (1) The board of state canvassers shall assign a number designation to appear on the ballot for each question to be submitted on a statewide basis. The designation must be assigned not less than 60 days before the election.
(2) The number designation under subsection (1) must consist of 5 or 6 digits. The first 4 digits must be the year of the election. The next digit or, if necessary, 2 digits must indicate the chronological order in which the question was filed to appear on the ballot. For a primary or special election, a -P or -S, as applicable, must be added to the end of the number designation. For the purposes of this subsection, a question must be considered to be filed to appear on the ballot as follows:
(a) A question of a general revision of the constitution
under section 3 of article XII of the state constitution of 1963 must be
considered to be the first question filed to appear on the ballot for those
elections at which a question of a general revision of the constitution will
appear on the ballot.
(b) A proposed constitution or amendment adopted by a convention under section 3 of article XII of the state constitution of 1963 must be considered to be filed to appear on the ballot upon the final adjournment of the convention that proposed the constitution or amendment.
(c) An amendment to the constitution proposed under section 2 of article XII of the state constitution of 1963, a law initiated under section 9 of article II of the state constitution of 1963, or a referendum invoked under section 9 of article II of the state constitution of 1963 must be considered to be filed to appear on the ballot when the petition is filed with the secretary of state.
(d) An amendment to the constitution proposed under section 1 of article XII of the state constitution of 1963 must be considered to be filed to appear on the ballot when the joint resolution proposing the amendment is filed with the secretary of state.
(e) A referendum under section 34 of article IV of the state constitution of 1963 must be considered to be filed to appear on the ballot when the legislation is filed with the secretary of state.
Sec. 475. (1) Upon the final submission of a petition as to form under this chapter, the secretary of state shall immediately notify the board of state canvassers of the submission of the petition. In addition, upon the final submission of a petition under this chapter, the secretary of state shall within 2 business days post on the department of state’s website the proposed constitutional amendment, initiated law, or referendum and the date the petition was submitted to the secretary of state.
(2) Upon the filing of a petition with signatures under section 471 or 473, the secretary of state shall immediately notify the board of state canvassers of that filing. After the day on which a petition and signatures are filed, the secretary of state must not accept further filings of signatures to supplement the original filing. On the first business day of every month after the date a petition and signatures were filed, the secretary of state shall post on the department of state’s website an update on the status of that petition. The secretary of state may update the status of a petition on a more frequent basis than required under this subsection.
Sec. 478. At the time of filing a petition proposing a constitutional amendment, an initiated law, or a referendum, the person or persons filing the petition may request a notice of the approval or rejection of the petition to be forwarded to the person or persons or any other persons designated at the time of the filing of the petition. If a request is made under this section, the secretary of state shall, immediately upon the determination of the sufficiency or insufficiency of the petition, transmit to the person or persons notice of the determination of the sufficiency or insufficiency of the petition.
Sec. 480. If a proposed constitutional amendment, initiated law, or referendum is to be submitted to the electors of this state for popular vote, the secretary of state shall, not less than 60 days before the date of the election at which the proposed constitutional amendment, initiated law, or referendum is to be submitted, certify the statement, as approved by the board of state canvassers under section 32, for designation on the ballot to the clerk of each county in this state, together with the form in which the proposed constitutional amendment, initiated law, or referendum must be printed on the ballot. As soon as possible after the certification by the board of state canvassers, the secretary of state shall furnish to the county, city, and township clerks in this state 1 copy of the text of each constitutional amendment or other special question and 1 copy of each statement for each voting precinct in the respective jurisdictions. Each township or city clerk shall, before the opening of the polls on election day, deliver a copy of the text and statement to which each voting precinct in the clerk’s township or city is entitled to the board of election inspectors of the precinct, and the board of election inspectors shall post the copy of the text and statement in conspicuous places in the room where the election is held.
Sec. 481. If a proposed constitutional amendment, initiated law, or referendum is to be submitted to the electors, the board of election commissioners of each county shall cause the proposed constitutional amendment, initiated law, or referendum to be printed in accordance with the form submitted by the secretary of state.
Sec.
485. A question submitted to the electors of this state or the electors of a
subdivision of this state must be worded so that a “yes” vote will be a vote in
favor of the subject matter of the proposal or issue and a “no” vote will be a
vote against the subject matter of the proposal or issue. The question must be
worded so as to apprise the voters of the subject matter of the proposal or
issue, but need not be legally precise. The question must be clearly written
using words that have a common everyday meaning to the general public. The
language used must not create prejudice for or against the issue or proposal.
Enacting section 1. Section 709 of the Michigan election law, 1954 PA 116, MCL 168.709, is repealed.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
