Bill Text: MI SB0007 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Elections; initiative and referendum; approval of ballot question petition language prior to circulation, checking petitions for duplicate signatures, and penalizing a circulator for knowingly obtaining a signature through fraud, deceit, or misrepresentation; provide for. Amends secs. 476 & 482 of 1954 PA 116 (MCL 168.476 & 168.482) & adds secs. 473a & 484.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-01-14 - Referred To Committee On Campaign And Election Oversight [SB0007 Detail]

Download: Michigan-2009-SB0007-Introduced.html

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SENATE BILL No. 7

 

 

January 14, 2009, Introduced by Senator GLEASON and referred to the Committee on Campaign and Election Oversight.

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 476 and 482 (MCL 168.476 and 168.482),

 

section 476 as amended by 2005 PA 71 and section 482 as amended

 

by 1998 PA 142, and by adding sections 473a and 484.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 473a. (1) Before the supporters of a ballot question

 

 2  petition proposing a constitutional amendment, initiation of

 

 3  legislation, or referendum of legislation circulate the ballot

 

 4  question petition for signatures, the supporters of the ballot

 

 5  question petition shall submit the proposed ballot question

 

 1  petition language to the board of state canvassers for review and

 

 2  approval.

 

 3        (2) Within 21 days after receipt of proposed ballot question

 

 4  petition language as provided in subsection (1), the board of

 

 5  state canvassers shall meet and approve or deny the proposed

 

 6  ballot question petition language. In determining whether to

 

 7  approve or deny the proposed ballot question petition language,

 

 8  the board of state canvassers shall consider all of the

 

 9  following:

 

10        (a) Whether the proposed ballot question petition language

 

11  is of sufficient clarity to clearly identify the purpose of the

 

12  proposed constitutional amendment, initiative, or referendum.

 

13        (b) Whether the proposed ballot question petition language

 

14  complies with the requirements of section 482(3).

 

15        (3) If the board of state canvassers fails to approve or

 

16  deny the proposed ballot question petition language within the

 

17  time required by subsection (2), the proposed ballot question

 

18  petition language is considered approved as submitted.

 

19        (4) If the board of state canvassers denies the proposed

 

20  ballot question petition language, the board of state canvassers

 

21  shall notify the supporters of the ballot question petition of

 

22  the denial and the reason for the denial. This subsection does

 

23  not prohibit a person from resubmitting proposed ballot question

 

24  petition language to the board of state canvassers for review and

 

25  approval under this section.

 

26        Sec. 476. (1) Upon receiving notification of the filing of

 

27  the petitions, the board of state canvassers shall canvass the

 

 1  petitions to ascertain if the petitions have been signed by the

 

 2  requisite number of qualified and registered electors. The

 

 3  qualified voter file shall be used to determine the validity of

 

 4  petition signatures by verifying the registration of signers and

 

 5  the genuineness of signatures on petitions when the qualified

 

 6  voter file contains digitized signatures. If the qualified voter

 

 7  file indicates that, on the date the elector signed the petition,

 

 8  the elector was not registered to vote, there is a rebuttable

 

 9  presumption that the signature is invalid. If the qualified voter

 

10  file indicates that, on the date the elector signed the petition,

 

11  the elector was not registered to vote in the city or township

 

12  designated on the petition, there is a rebuttable presumption

 

13  that the signature is invalid. If the board is unable to verify

 

14  the genuineness of a signature on a petition using the digitized

 

15  signature contained in the qualified voter file, the board may

 

16  cause any doubtful signatures to be checked against the

 

17  registration records by the clerk of any political subdivision in

 

18  which the petitions were circulated, to determine the

 

19  authenticity of the signatures or to verify the registrations.

 

20  Upon request, the clerk of any political subdivision shall

 

21  cooperate fully with the board in determining the validity of

 

22  doubtful signatures by rechecking the signature against

 

23  registration records in an expeditious and proper manner.

 

24        (2) In addition to the requirements of subsection (1), the

 

25  board of state canvassers shall check the petitions for duplicate

 

26  signatures.

 

27        (3) (2) The board of state canvassers may hold hearings upon

 

 1  any complaints filed or for any purpose considered necessary by

 

 2  the board to conduct investigations of the petitions. To conduct

 

 3  a hearing, the board may issue subpoenas and administer oaths.

 

 4  The board may also adjourn from time to time awaiting receipt of

 

 5  returns from investigations that are being made or for other

 

 6  necessary purposes, but shall complete the canvass at least 2

 

 7  months before the election at which the proposal is to be

 

 8  submitted.

 

 9        (4) (3) At least 2 business days before the board of state

 

10  canvassers meets to make a final determination on challenges to

 

11  and sufficiency of a petition, the bureau of elections shall make

 

12  public its staff report concerning disposition of challenges

 

13  filed against the petition. Beginning with the receipt of any

 

14  document from local election officials pursuant to subsection

 

15  (1), the board of state canvassers shall make that document

 

16  available to petitioners and challengers on a daily basis.

 

17        Sec. 482. (1) Each petition under this section shall be 8-

 

18  1/2 inches by 14 inches in size.

 

19        (2) If the measure proposal to be submitted proposes is a

 

20  constitutional amendment, initiation of legislation, or

 

21  referendum of legislation, the heading of each part of the

 

22  petition shall be prepared in the following form and printed with

 

23  1 of the following in capital letters in 14-point boldfaced type:

 

 

24	INITIATIVE PETITION
25	AMENDMENT TO THE CONSTITUTION
26	OR
27	INITIATION OF LEGISLATION

1	OR
2	REFERENDUM OF LEGISLATION
3	PROPOSED BY INITIATIVE PETITION

 

 

 4        (3) The full text of the amendment so proposed proposal

 

 5  shall follow and be printed in 8-point type. If the proposal

 

 6  would alter or abrogate an existing provision of the

 

 7  constitution, the petition shall so state and the provisions to

 

 8  be altered or abrogated shall be inserted, preceded by the words:

 

 9        "Provisions of existing constitution altered or abrogated by

 

10  the proposal if adopted."

 

11        (4) The following statement shall appear beneath the

 

12  petition heading:

 

 

13	"We, the undersigned qualified and registered electors,
14	residents in the
15	city
16	township (strike 1) of .......... in the county of ..........,
17	state of Michigan, respectively petition for (amendment to
18	constitution) (initiation of legislation) (referendum of
19	legislation) (other appropriate description).".

 

 

20        (5) The following warning shall be printed in 12-point type

 

21  immediately above the place for signatures, on each part of the

 

22  petition:

 

 

23

WARNING

 

 

24        A person who knowingly signs this petition more than once,

 

25  signs a name other than his or her own, signs when not a

 

 1  qualified and registered elector, or sets opposite his or her

 

 2  signature on a petition, a date other than the actual date the

 

 3  signature was affixed, is violating the provisions of the

 

 4  Michigan election law.

 

 5        (6) The remainder of the petition form shall be as provided

 

 6  following the warning to electors signing the petition in section

 

 7  544c(1) and the certificate of circulator shall include language

 

 8  that states that signatures appearing on the petition were not

 

 9  knowingly obtained through fraud, deceit, or misrepresentation.

 

10  In addition, the petition shall comply with the requirements of

 

11  section 544c(2).

 

12        Sec. 484. (1) The circulator of a ballot question petition

 

13  proposing a constitutional amendment, initiation of legislation,

 

14  or referendum of legislation shall not knowingly obtain a

 

15  person's signature on the ballot question petition through fraud,

 

16  deceit, or misrepresentation.

 

17        (2) A person who violates subsection (1) is guilty of a

 

18  misdemeanor punishable by imprisonment for not more than 6 months

 

19  or a fine of not more than $5,000.00, or both.