Bill Text: MI HB6231 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: petitions; requirements for petition headings; modify. Amends sec. 544c of 1954 PA 116 (MCL 168.544c). TIE BAR WITH: HB 6232'20
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-09-22 - Bill Electronically Reproduced 09/16/2020 [HB6231 Detail]
Download: Michigan-2019-HB6231-Introduced.html
HOUSE BILL NO. 6231
September 16, 2020, Introduced by Rep. Marino
and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 544c (MCL 168.544c), as amended by 2018 PA 650.
the people of the state of michigan enact:
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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" 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.
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The day, month, and year of the election, 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 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 who knowingly signs more petitions for the same |
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office than there are persons to be elected to the office, signs a petition more than once, or signs a name other than his or her own is violating the provisions of the Michigan election law. |
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Printed |
Street 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 |
The undersigned
circulator of the above petition asserts that he or she is 18 years of age or
older and a United States citizen; that each signature on the petition was
signed in his or her presence; that he or she has neither caused nor permitted
a person to sign the petition more than once and has no knowledge of a person
signing the petition more than once; and that, to his or her best knowledge and
belief, each signature is the genuine signature of the person purporting to sign
the petition, the person 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 make a cross or check mark on
the line provided, otherwise each signature on this petition sheet is 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 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
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circulator.
Warning-A circulator
knowingly making a false statement in the above certificate, a person not a
circulator who signs as a circulator, or a person who signs a name other than
his or her own as circulator is guilty of a misdemeanor.
(2) The Before circulating a petition for signatures, the
circulator of the petition or the candidate must complete the entire heading of
the petition as required under subsection (1). The circulator of a petition
must not obtain a signature on a petition that contains incorrect information
or that does not contain all of the information required under subsection (1).
A filing official shall not count electors' signatures that were obtained on a
petition that contains incorrect information or that does not contain all of
the information required under subsection (1). In addition, 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 name. The secretary of state shall
prescribe the location of the space for the printed name. The failure of the
circulator or an elector who signs the petition to print his or her name, to
print his or her name in the location prescribed by the
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secretary
of state, or to enter a zip code or his or her 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 signature, his or her street 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 indicate where provided
on the certificate of circulator that he or she 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 promptly
notify the circulator by personal service or certified mail at the circulator's
residential address as indicated in the certificate of circulator.
(5) The circulator of a
petition shall sign and date the certificate of circulator before the petition
is filed. A circulator shall not obtain electors' signatures after the
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circulator
has signed and dated the certificate of circulator. A filing official shall 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
not sign more nominating petitions for the same office than there are persons
to be elected to the office. An individual who violates this subsection is
guilty of a misdemeanor.
(8) An individual shall
not do any of the following:
(a) Sign a petition with
a name other than his or her 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 own.
(e)
Circulate a petition that contains incorrect information or that does not
contain all of the information required under subsection (1).
(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.
(10) An individual shall
not sign a petition with multiple names. An individual who violates this
subsection is guilty of a
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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.
(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 recall, the organization or other person
sponsoring the petition drive.
(13) If after a canvass
and a hearing on a petition under
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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.
(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.
(15) A person who aids or
abets another in an act that is prohibited by this section is guilty of that
act.
(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 takes effect January 1, 2021.
Enacting section 2. This amendatory act does not take effect
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unless Senate Bill No.____ or House Bill No. 6232 (request no. 07407'20 *) of the 100th Legislature is enacted into law.
