Bill Text: MI HB6214 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Elections: presidential electors; presidential electors who are elected under the agreement among the states to elect the President by national popular vote; clarify. TIE BAR WITH: HB 6213'26
Sponsorship: Partisan Bill (Democrat 41)
Status: (Introduced) 2026-07-14 - Bill Electronically Reproduced 07/03/2026 [HB6214 Detail]
Download: Michigan-2025-HB6214-Introduced.html
HOUSE BILL NO. 6214
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 42, 46, and 842 (MCL 168.42, 168.46, and 168.842), section 42 as amended by 1999 PA 216, section 46 as amended by 2023 PA 269, and section 842 as amended by 2024 PA 74.
the people of the state of michigan enact:
Sec. 42. (1) In the year in which presidential electors are to be elected under section 43, or appointed, each political party in this state shall choose at its fall state convention a number of candidates for electors of president President and vice-president Vice President of the United States equal to the number of senators and representatives in congress Congress that this state is entitled to elect. The chairperson and the secretary of the state central committee of each political party shall, within 1 business day after the conclusion of the state convention, forward by registered or certified mail a certificate containing the names of the candidates for presidential electors to the secretary of state.
(2) The Except as otherwise provided in this subsection and subsection (3), the candidates for electors of president President and vice-president Vice President who shall be are considered elected are those whose names have been certified to the secretary of state by that political party receiving the greatest number of votes for those offices at the next November election. If the agreement among the states to elect the President by national popular vote governs the appointment of electors for President and Vice President in this state, the candidates for electors of President and Vice President who shall be appointed are those whose names have been certified to the secretary of state by that political party that nominated the national popular vote winner as specified in the agreement among the states to elect the President by national popular vote.
(3) If the agreement among the states to elect the President by national popular vote governs the appointment of electors for President and Vice President in this state, all of the following apply:
(a) As soon as practicable after this state conducts a statewide popular election for President and Vice President of the United States, and no later than the twentieth day after that election, the board of state canvassers shall complete the canvass of the returns for each presidential slate and determine the number of popular votes cast in this state for each presidential slate, with the outcome determined solely by the vote of the electors of this state casting ballots in the election.
(b) As soon as practicable after completing the canvass and determination under subdivision (a), and not less than 6 days before the date that the electors for President and Vice President of the United States convene under section 47, the board of state canvassers shall make a final determination of the number of popular votes cast in this state for each presidential slate in the election as provided under the agreement, with the outcome determined solely by the vote of the electors of this state casting ballots in the election.
(c) The board of state canvassers shall communicate to the chief election official of each other member state an official statement of the final determination by the board of state canvassers under subdivision (b) within 24 hours after the determination as provided in the agreement.
(d) As soon as practicable after this state conducts a statewide popular election for President and Vice President of the United States, and not less than 6 days before the date that the electors for President and Vice President of the United States convene under section 47, the board of state canvassers shall, as provided in the agreement, do all of the following:
(i) Determine the number of votes for each presidential slate in each state in which votes were cast in a statewide popular election.
(ii) Add the votes for each presidential slate in each state determined under subparagraph (i) together to determine the national popular vote total for each presidential slate.
(iii) Certify the determination under subparagraph (ii) as the national popular vote total for each presidential slate.
(iv) Designate and certify the presidential slate with the largest national popular vote total under subparagraph (iii) as the national popular vote winner, or, if there is a tie for the largest national popular vote total under subparagraph (iii) among 2 or more presidential slates, designate and certify that there is a tie for the national popular vote winner.
(v) Transmit the certifications under subparagraphs (iii) and (iv) to the secretary of state and the governor.
(e) As soon as practicable after the certifications under subdivision (d) are made, and not less than 6 days before the date that the electors for President and Vice President of the United States convene under section 47, the governor shall do all of the following:
(i) If there was not a tie for the national popular winner under subdivision (d), the governor shall, as provided under the agreement, certify the appointment in this state as the electors for President and Vice President of the United States the elector slate associated with the national popular vote winner determined under subdivision (d). If there is a tie for the national popular vote winner under subdivision (d), the governor shall, as provided under the agreement, certify the appointment in this state as the electors for President and Vice President of the United States the electors nominated under subsection (1) associated with the presidential slate determined to have received the highest number of votes in this state under subdivision (b).
(ii) Issue a certificate of ascertainment of appointment of electors documenting the certifications under subparagraph (i) that includes all of the following:
(A) The names of the electors of this state who are certified as appointed as the electors for President and Vice President of the United States under subparagraph (i). If there was not a tie for the national popular vote winner under subdivision (d), the certificate must indicate that the electors were associated with the presidential slate certified as the national popular vote winner under subdivision (d) and must also include both the national popular vote total determined for that presidential slate under subdivision (d) and the total number of popular votes for that presidential slate in this state as determined under subdivision (b). If there is a tie for the national popular vote winner under subdivision (d), the certificate must indicate that the electors were associated with the presidential slate determined to have received the highest number of popular votes in this state under subdivision (b) and must also include both the total number of popular votes for that presidential slate in this state as determined under subdivision (b) and the national popular vote total as determined for that presidential slate under subdivision (d).
(B) The names of the candidates for elector for each elector slate associated with a presidential slate other than the presidential slate in sub-subparagraph (A), the national popular vote total as determined under subdivision (d) for each of the other presidential slates, and the total number of popular votes in this state as determined under subdivision (b) for each of the other presidential slates.
(C) The great seal of this state.
(D) At least 1 security feature, as determined by the governor, for the purpose of verifying the authenticity of the certificate. The secure components of any security feature used are confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(iii) Immediately after issuing a certificate of ascertainment of appointment of electors under subparagraph (ii), transmit the certificate to the Archivist of the United States by the most expeditious delivery method available.
(iv) As soon as practicable after issuing a certificate of ascertainment of appointment of electors under subparagraph (ii), but not later than the date that the electors for President and Vice President of the United States convene under section 47, transmit 6 duplicate-originals of the certificate to the electors for President and Vice President of this state and 1 duplicate-original of the certificate to the secretary of state.
(4) As used in this subsection and subsection (3):
(a) "Agreement" means the agreement among the states to elect the President by national popular vote.
(b) "Chief election official", "elector slate", "presidential slate", "state", and "statewide popular election" mean those terms as defined in the agreement.
(c) "Member state" means a state in which the agreement is in effect and governs the appointment of electors for President and Vice President in that state.
Sec. 46. (1) As Except as otherwise provided in section 42(3), as soon as practicable after the board of state canvassers has, by the official canvass, ascertained the result of an election as to the electors of President and Vice President of the United States, but not less than 6 days before the date on which the electors for President and Vice President of the United States are to convene under section 47, the governor shall issue a certificate of ascertainment of appointment of electors that does all of the following:
(a) Sets forth the names of the electors appointed and the canvass or other determination under the laws of this state of the number of votes given or cast for each individual whose appointment any or all votes have been given or cast.
(b) Bears the seal of this state.
(c) Contains at least 1 security feature, as determined by the governor, for the purpose of verifying the authenticity of the certificate. The secure components of any security feature used are confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) Immediately Except as otherwise provided in section 42(3), immediately after issuing the certificate of ascertainment of appointment of electors under subsection (1), the governor shall transmit to the Archivist of the United States, by the most expeditious method available, the certificate of ascertainment of appointment of electors. The Except as otherwise provided in section 42(3), the governor shall also transmit to each elector the electors chosen as an elector electors for President and Vice President of the United States, on or before the date on which the electors are to convene under section 47, 6 duplicate-originals of the certificate.
(3) Subject to this subsection, the fact that a recount petition has been filed, or that a recount is pending, has no effect on the governor's authority or responsibility to issue a certificate of ascertainment of appointment of electors as required under subsection (1). However, if a mandatory recount of all precincts in this state is required under section 880a, the governor shall not issue the certificate of ascertainment of appointment of electors required under subsection (1) until the completion and certification of the recount or until 3 p.m. on the sixth day before the date on which the electors for President and Vice President of the United States are to convene under section 47, whichever occurs first. If the recount is completed and certified before 3 p.m. on the sixth day before the date on which the electors for President and Vice President of the United States are to convene under section 47, the certificate of ascertainment of appointment of electors issued by the governor must reflect the certified result of that recount. If the recount is not completed and certified before 3 p.m. on the sixth day before the date on which the electors for President and Vice President of the United States are to convene under section 47, the certificate of ascertainment of appointment of electors issued by the governor must reflect the original certification of the results of the election.
(4) If a recount is completed by 11:59 p.m. on the second day before the date on which the electors for President and Vice President of the United States are to convene under section 47, and the result of that recount, as certified by the board of state canvassers, alters the winner of the presidential election as reflected on the certificate of ascertainment of appointment of electors issued by the governor under subsection (1), an affected candidate for President or Vice President of the United States may have the certification reviewed by the supreme court, or may seek other judicial relief from the supreme court related to the certification including, but not limited to, an order directing the governor to issue a superseding certificate of ascertainment of appointment of electors that reflects the updated and certified results of the presidential election. An action under this subsection must be filed with the supreme court within not later than 24 hours after the certification of the completed recount. A plaintiff filing an action in the supreme court under this subsection must request an expedited hearing and that the supreme court issue an order granting any judicial relief by 4 p.m. on the day before the date on which the electors for President and Vice President of the United States are to convene under section 47. If the supreme court issues an order by the day before the date on which the electors are to convene under section 47 that requires the governor to issue a superseding certificate of ascertainment consistent with the certified results of the recount, the governor must issue that superseding certificate of ascertainment before the date on which the electors are to convene under section 47.
(5) If a recount is completed by 11:59 p.m. on the second day before the date on which the electors for President and Vice President of the United States are to convene under section 47, and the result of that recount, as certified by the board of state canvassers, alters the winner of the presidential election as reflected on the certificate of ascertainment of appointment of electors issued by the governor under subsection (1), and the supreme court does not issue an order under subsection (4) before 4 p.m. on the day before the date on which the electors are to convene under section 47, the governor must issue a superseding certificate of ascertainment of appointment of electors that reflects the updated and certified results of the presidential election, as determined by the recount and certified by the board of state canvassers, no later than 11:59 p.m. on the day before the date on which the electors are to convene under section 47.
(6) A superseding certificate of ascertainment of appointment of electors issued by the governor under this section replaces and supersedes any prior certificate of ascertainment of appointment of electors issued under this section, must be transmitted consistent with the requirements under subsection (2) for the certificate of ascertainment of appointment of electors, and is conclusive with respect to the determination of electors for President and Vice President of the United States appointed by this state.
Sec. 842. (1) Except as otherwise provided under subsection (2), the board of state canvassers, for the purpose of canvassing the returns and ascertaining and determining the result of an election, shall meet on or before the twentieth day after the election. The secretary of the board of state canvassers shall appoint the day of the meeting, which must be as soon as practicable after the receipt of the returns from the boards of county canvassers, and shall notify the other members of the board. Except as otherwise provided under subsections (2) and (3), the board shall complete the canvass and announce the board's determination not later than the twentieth day after the election. The board may at the time of its meeting canvass the returns for any office for which the returns have been received.
(2) If Except as otherwise provided in this subsection, if the unofficial election returns show that the election of electors of President and Vice President of the United States is determined by a vote differential between the first place and second place candidates for President and Vice President of the United States of less than 25,000 votes, the secretary of state shall direct the boards of county canvassers to canvass returns on an expedited schedule. The Except as otherwise provided in this subsection, the secretary of state may direct the boards of county canvassers to complete the canvass and certify the statements as required by law not later than the tenth day after the election. If the agreement among the states to elect the President by national popular vote governs the appointment of electors of President and Vice President in this state in a particular year, the secretary of state shall, not later than August 1 of that year, calculate and determine the cost of conducting an expedited canvass of the returns, and post the results of that cost calculation on the department of state's website. If the agreement among the states to elect the President by national popular vote governs the appointment of electors of President and Vice President in this state, a candidate for President of the United States who is on the ballot in this state may, not later than 2 days after the election, request an expedited canvass of the returns that is accompanied by the payment of the cost for conducting the expedited canvass of the returns as determined by the secretary of state. Upon receipt of a request for an expedited canvass of the returns as provided under this subsection that is accompanied by the payment for the cost of conducting the expedited canvass of the returns, the secretary of state shall direct the board of county canvassers to complete the canvass and certify the statements as required by law not later than the tenth day after the election.
(3) The secretary of the board of state canvassers may appoint the day for the board of state canvassers to conduct the expedited canvass of the returns as required under subsection (2) and determine the results of that election. The day appointed for the expedited canvass must be as soon as practicable after receipt of the returns from the boards of county canvassers, but the board of state canvassers shall complete the canvass and announce the board's determination no later than the thirteenth day after the election.
(4) If any statewide primary election has an unofficial vote differential of 1,500 votes or less, the secretary of state shall direct the board of state canvassers to canvass the returns of that statewide primary election on an expedited schedule and shall appoint the day for the board of state canvassers to conduct the expedited canvass.
(5) It is the ministerial, clerical, and nondiscretionary duty of the board of state canvassers, and each of the members of the board of state canvassers, to certify election results based solely on the certified statements of votes from counties.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. ____ (request no. S03716'25) or House Bill No. 6213 (request no. H03716'25) of the 103rd Legislature is enacted into law.
