Bill Text: MI HB5574 | 2023-2024 | 102nd Legislature | Engrossed
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. 475 & 480 of 1954 PA 116 (MCL 168.475 & 168.480).
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Engrossed) 2024-06-26 - Referred To Committee On Elections And Ethics [HB5574 Detail]
Download: Michigan-2023-HB5574-Engrossed.html
Substitute For
HOUSE BILL NO. 5574
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
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 shall must be assigned not less than 60 days before the election. If the question is to appear on a general election ballot the designation shall not be assigned earlier than the primary election preceding that general election.
(2) The number designation under subsection (1) shall must consist of 3 5 or 4 6 digits. The first 2 4 digits shall must be the last 2 digits of the year of the election. The next digit or, if necessary, 2 digits shall 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 shall 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 shall 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) (b) An amendment to the constitution proposed under section 2 of article XII of the state constitution of 1963, legislation 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 shall must be considered to be filed to appear on the ballot when the petition is filed with the secretary of state.
(d) (c) An amendment to the constitution proposed under section 1 of article XII of the state constitution of 1963 shall 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) (d) A referendum under section 34 of article IV of the state constitution of 1963 shall 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 filing 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 filing submission of the petition. The notification must be by first-class mail. In addition, upon the filing 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 a summary of the proposed amendment or question proposed constitutional amendment, initiated law, or referendum and the date the petition was filed with submitted to the secretary of state. If a summary of the purpose of the proposed amendment or question presented was submitted to and approved by the board of state canvassers under section 482b, that approved summary must be used as the summary posted on the department of state's website as required under this subsection. At least once every 30 days after the date the petition was filed, the secretary of state shall post on the department of state's website an update on the status of that petition.
(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 under this chapter is and signatures are filed, the secretary of state shall must not accept further filings of that petition 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 any such a petition proposing a constitutional amendment, an initiated law, or a referendum, the person or persons filing the same petition may request a notice of the approval or rejection of said petitions the petition to be forwarded by said board to such the person or persons or any other persons so designated at the time of the filing of such petitions. In any case where such the petition. If a request is made at the time of filing of the petitions, it shall be the duty of under this section, the secretary of state shall, immediately upon the determination thereof, to of the sufficiency or insufficiency of the petition, transmit by registered or certified mail to said the person or persons an official notice of the determination of the sufficiency or insufficiency of said petitions.the petition.
Sec. 480. If a proposed constitutional amendment, or other special question 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, or other special question initiated law, or referendum is to be submitted, certify the statement, of the purpose 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, or other special questions shall initiated law, or referendum must be printed on the ballot. The As soon as possible after the certification by the board of state canvassers, the secretary of state shall also furnish to the county, city, and township clerks in this state 2 copies 1 copy of the text of each constitutional amendment or other special question and 2 copies 1 copy of each statement for each voting precinct in their the respective counties. Each county clerk shall furnish the copies of the statement to the township and city clerks in his or her county at the time other supplies for the election are furnished. jurisdictions. Each township or city clerk shall, before the opening of the polls on election day, deliver the copies a copy of the text and statement to which each voting precinct in his or her the clerk's township or city is entitled to the board of election inspectors of the precinct, who and the board of election inspectors shall post the same copy of the text and statement in conspicuous places in the room where the election is held.
Sec. 481. Whenever any If a proposed constitutional amendment, or other question initiated law, or referendum is to be submitted to the electors, the board of election commissioners of each county shall cause such the proposed constitutional amendment, or other special question 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 shall, to the extent that it will not confuse the electorate, 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 shall 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 shall must be clearly written using words that have a common everyday meaning to the general public. The language used shall 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.
