HOUSE BILL No. 5211

 

 

November 1, 2017, Introduced by Reps. Love, Moss, Greig, Neeley, Hertel, Gay-Dagnogo, Faris, Sowerby, Wittenberg, Geiss, Pagan, Elder, Ellison, Chang, Sabo, Lasinski, Yaroch, Clemente, Rabhi, Hammoud and Zemke and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

(MCL 168.1 to 168.992) by adding sections 484a and 956a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 484a. (1) If an organization employs an individual to

 

circulate or obtain signatures on a ballot question petition

 

proposing a constitutional amendment, initiation of legislation, or

 

referendum of legislation, the individual shall not intentionally

 

make a false statement or misrepresentation concerning the

 

contents, purport, or effect of the ballot question petition to any

 

of the following individuals:

 

     (a) An individual who signs the ballot question petition.


     (b) An individual who desires to sign the ballot question

 

petition.

 

     (c) An individual who is requested to sign the ballot question

 

petition.

 

     (d) An individual who makes inquiries with reference to the

 

ballot question petition.

 

     (e) An individual to whom the ballot question petition is

 

presented for signature.

 

     (2) If an organization employs an individual to circulate or

 

obtain signatures on a ballot question petition proposing a

 

constitutional amendment, initiation of legislation, or referendum

 

of legislation, the individual shall not knowingly and willfully

 

circulate, publish, or exhibit a false statement or

 

misrepresentation concerning the contents, purport, or effect of

 

the constitutional amendment, initiative, or referendum for the

 

purpose of obtaining an individual's signature on the ballot

 

question petition or for the purpose of persuading or influencing

 

an individual to sign the ballot question petition.

 

     (3) If an individual employed by an organization to circulate

 

or obtain signatures on a ballot question petition proposing a

 

constitutional amendment, initiation of legislation, or referendum

 

of legislation violates any provision of this section, the

 

organization is guilty of a misdemeanor punishable by a fine of not

 

more than $10,000.00.

 

     Sec. 956a. (1) If an organization employs an individual to

 

circulate or obtain signatures on a recall petition, the individual

 

shall not intentionally make a false statement or misrepresentation


concerning the contents, purport, or effect of the recall petition

 

to any of the following individuals:

 

     (a) An individual who signs the recall petition.

 

     (b) An individual who desires to sign the recall petition.

 

     (c) An individual who is requested to sign the recall

 

petition.

 

     (d) An individual who makes inquiries with reference to the

 

recall petition.

 

     (e) An individual to whom the recall petition is presented for

 

signature.

 

     (2) If an organization employs an individual to circulate or

 

obtain signatures on a recall petition, the individual shall not

 

knowingly and willfully circulate, publish, or exhibit a false

 

statement or misrepresentation concerning the contents, purport, or

 

effect of the recall for the purpose of obtaining an individual's

 

signature on the recall petition or for the purpose of persuading

 

or influencing an individual to sign the recall petition.

 

     (3) If an individual employed by an organization to circulate

 

or obtain signatures on a recall petition violates any provision of

 

this section, the organization is guilty of a misdemeanor

 

punishable by a fine of not more than $10,000.00.