Bill Text: MI SB1110 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Elections: petitions; process for counting duplicate petition signatures; provide for, and eliminate penalties. Amends secs. 482, 590h, 685, 957 & 958 of 1954 PA 116 (MCL 168.482 et seq.); adds secs. 482f & 547 & repeals sec. 547a of 1954 PA 116 (MCL 168.547a).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2024-12-11 - Referred To Committee On Elections [SB1110 Detail]
Download: Michigan-2023-SB1110-Engrossed.html
Substitute For
SENATE BILL NO. 1110
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 482, 590h, 685, 957, and 958 (MCL 168.482, 168.590h, 168.685, 168.957, and 168.958), section 482 as amended by 2018 PA 608, sections 590h and 685 as amended by 2018 PA 650, and section 957 as amended by 2018 PA 120, and by adding sections 482f and 547.
the people of the state of michigan enact:
1
2
3
4
5
Sec. 482. (1) Each petition under this section must be 8-1/2 inches by 14 inches in size.in substantially the form, and include all of the elements, as provided in this section. The secretary of state shall create a petition form, with the approval of the board of state canvassers, to be used by petitioners under this section.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
The bureau of elections shall issue and make publicly available a digitally editable model of the petition form approved under this subsection.
(2) Unless otherwise provided in this section, the text on a petition form under this section must be printed in at least 8-point type. The sponsor of a petition under this section may include on the petition form union symbols, bar codes, QR codes, websites, or any other similar information in the area on the petition form that is designated solely for the sponsor.
(3) (2) If the measure to be submitted proposes a constitutional amendment, initiation of legislation, an initiated law, or a referendum, of legislation, the heading of each part of the petition must be prepared in substantially the following form and be printed in capital letters in 14-point boldfaced type:at the top of the petition:
|
INITIATIVE PETITION |
|
AMENDMENT PETITION TO AMEND THE STATE CONSTITUTION |
|
OR |
|
INITIATION OF LEGISLATIONPETITION TO INITIATE A LAW (INITIATIVE) |
|
OR |
|
REFERENDUM OF LEGISLATIONPETITION TO APPROVE OR REJECT A LAW (REFERENDUM) |
|
PROPOSED BY INITIATIVE PETITION |
(4) (3) A summary in not more than 100 words of the purpose of the proposed amendment or question proposed constitutional amendment, initiated law, or referendum that complies with the requirements of section 474 must follow and be printed in at least 12-point type.
(5) If the petition is for a proposed constitutional
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
amendment, all of the following must be printed below the summary of the purpose provided under subsection (4):
(a) An indication of the sections of the state constitution that would be amended, repealed, or added by the proposed constitutional amendment.
(b) If the petition sponsor maintains an internet website, an address for the internet website that includes the summary of the purpose, the full text of the proposed constitutional amendment, and the full text of any existing provision of the state constitution that would be altered or abrogated by the proposed constitutional amendment.
(c) The following statement:
"See reverse side of this petition for the full text of the proposed constitutional amendment and any existing provisions of the state constitution that would be altered or abrogated by the proposed constitutional amendment."
(6) If the petition is for a proposed initiated law, all of the following must be printed below the summary of the purpose provided under subsection (4):
(a) The full legal name included in the proposed initiated law.
(b) The full legal name enacted by the legislature, if any, for an existing law that would be amended or repealed by the proposed initiated law.
(c) If applicable, the public act number and year of the existing law that would be amended or repealed by the proposed initiated law.
(d) If applicable, the range of sections in the compiled laws of the law that would be amended or repealed in the proposed
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
initiated law.
(e) An address for an internet website that includes the summary of the purpose and the full text of the legislation proposed by the initiated law.
(7) If the petition is for a proposed referendum, both of the following must be printed below the summary of the purpose provided under subsection (4):
(a) The public act number and year of the public act subject to the proposed referendum.
(b) An address for an internet website that includes the summary of the purpose and the full text of the law subject to the referendum.
(8) The full text of the amendment so proposed constitutional amendment, initiated law, or referendum must follow the summary and be printed in 8-point type. on the reverse side of the petition form. If the full text of the proposed constitutional amendment, initiated law, or referendum is too lengthy to be printed on the reverse side of the petition form, the text must be continued on a fold-over extension of the same petition form. If the proposal a proposed constitutional amendment would alter or abrogate an existing provision of the constitution, the petition must so state and the provisions to be altered or abrogated if the constitutional amendment is adopted must also be inserted, printed, preceded by the words:
"Provisions of existing constitution altered or abrogated by the proposal constitutional amendment if adopted."
(9) (4) The following statement must appear beneath the petition heading:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
|
"We, the undersigned qualified and "As registered electors , and residents in the _________________________ congressional district in of the state of Michigan, respectively we petition for (amendment to constitution) (initiation of legislation) (referendum of legislation) (other appropriate description).(to amend the state constitution) (to initiate a law) (for a referendum on a law).". |
(10) (5) The following warning must be printed in at least 12-point type: immediately above the place for signatures, on each part of the petition:
|
WARNING |
A person who An individual knowingly signs this petition more than once, signs a signing the name other than his or her own, signs of another individual, signing when not a qualified and registered elector, to vote in this state, or sets opposite his or her signature on a petition, a writing a date other than the actual date the signature was affixed, individual signed the petition, is violating the provisions of the Michigan election law.
(6) Subject to subsections (7) and (8), the remainder of the petition form must be as provided following the warning to electors signing the petition in section 544c(1). In addition, the petition must comply with the requirements of section 544c(2).
(11) A table for signatures of those signing a petition must be printed on the petition form that includes a space for the signatures, the printed names of the individuals, the street address or rural route of the individuals, the city or township of the individuals, the zip code of the individuals, the county in which the individuals reside, and the date of the signatures. A missing element of the address of a petition signer, including, but not limited to, an incomplete jurisdictional abbreviation, a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
missing or incomplete zip code, directional information, an apartment number, or a street suffix or abbreviation, is not sufficient cause to invalidate a signature as long as the information provided is sufficient to match the petition signer with an elector in the qualified voter file.
(12) The following statement must appear on the petition form:
"PETITION CIRCULATOR CERTIFICATION
As the petition circulator of this petition, I certify that when I circulated this petition I was 18 years of age or older and a United States citizen; that each signature of the petition was signed in my presence; that I have no knowledge of an individual signing this petition more than once; and that to my knowledge and belief, each signature on the petition is the genuine signature of the individual signing the petition.
I acknowledge that knowingly making a false statement in this certification is a misdemeanor.
___ If the circulator is not a resident of this state, the circulator must make a cross or check mark on the line provided. The circulator agrees to accept the jurisdiction of this state in any proceeding regarding this petition, and that process served on the secretary of state or an agent of the secretary of state has the same effect as if personally served on the circulator."
(13) Adjacent to the petition circulator certification required under subsection (12), the following must appear on the petition form:
"_________________________________________________ ______
(Printed Name and Signature of Petition Circulator) (Date)
________________________________________________________
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(Complete Residence Address of Petition Circulator)
(Do not enter post office box)
________________________________________________________
(City or Township, State, and Zip Code of Petition Circulator)".
(14) The petition form must include any identification statement required under section 47 of the Michigan campaign finance act, 1976 PA 388, MCL 169.247, and any administrative rules promulgated under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.
(15) (7) Each petition form under this section must provide at the top of the page check boxes and statements printed in 12-point type to clearly indicate whether the circulator of the petition is a paid signature gatherer petition circulator or a volunteer signature gatherer.petition circulator. As used in this subsection, "paid petition circulator" means an individual who is compensated, directly or indirectly, through payments of money or other valuable consideration to obtain signatures on a petition as described in section 471.
(8) Each petition under this section must clearly indicate below the statement required under subsection (7) and be printed in 12-point type that if the petition circulator does not comply with all of the requirements of this act for petition circulators, any signature obtained by that petition circulator on that petition is invalid and will not be counted.
Sec. 482f. If a petition under section 482 contains the signature of the same elector 2 or more times, only the first valid signature of that elector shall be counted.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Sec. 547. If a nominating petition contains the signature of the same elector 2 or more times, only the first valid signature of that elector shall be counted.
Sec. 590h. (1) A qualifying petition for a candidate without political party affiliation must be the same size and printed in the same type sizes as required in section 544c. The petition must be in the following form:
|
(CANDIDATE WITHOUT PARTY AFFILIATION) |
||||
|
We, the undersigned, registered and qualified voters electors of |
||||
|
the city or township of ............ , in the county of .......... |
||||
|
(strike 1) |
|
|||
|
and state of Michigan, nominate , ............................., |
||||
|
|
(Name of Candidate) |
|||
|
............................................................., |
||||
|
(Street Address or R.R.) |
(City or Township) |
|
||
|
as a candidate without party affiliation for the office of |
||||
|
........................................................... in |
||||
|
(Title of Office and District) |
||||
|
order that the name of the candidate be placed without party |
||||
|
affiliation on the ballot for the election to be held on |
||||
|
the .............. day of ............ , 20.... . |
||||
|
|
||||
|
WARNING |
||||
Whoever knowingly signs more petitions for the same office than there are persons individuals to be elected to the office or signs a name other than his or her the individual's own name is violating the Michigan election law.
(2) The balance of the qualifying petition form must be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
substantially as set forth in section 544c. A qualifying petition for a candidate without party affiliation must not contain a reference to a political party.
(3) An individual shall not knowingly sign more petitions for the same office than there are persons individuals to be elected to the office. An individual who violates this subsection is guilty of a misdemeanor.
(4) An individual shall not do any of the following:
(a) Sign a qualifying petition with a name other than his or her the individual's own name.
(b) Make a false statement in a certificate on a qualifying petition.
(c) If not a circulator, sign a qualifying petition as a circulator.
(d) Sign a name as circulator other than his or her the individual's own name.
(5) Except as otherwise provided in subsection (6), an individual who violates subsection (4) 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.
(6) An individual shall not sign a qualifying petition with multiple names. An individual who violates this subsection is guilty of a felony.
(7) If an individual signs a qualifying petition in violation of this section, any signature by that individual on the petition is invalid and must not be counted.
(8) If a qualifying petition for a candidate without political party affiliation contains the signature of the same elector 2 or more times, only the first valid signature of that elector shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
counted.
Sec. 685. (1) The name of a candidate of a new political party must not be printed upon on the official ballots of an election unless the chairperson and secretary of the state central committee of the party files with the secretary of state, not later than 4 p.m. of the one hundred-tenth day before the general November election, a certificate signed by the chairperson and secretary of the state central committee bearing the name of the party, together with petitions bearing the signatures of registered and qualified electors equal to not less than 1% of the total number of votes cast for all candidates for governor at the last election in which a governor was elected. The petitions must be signed by at least 100 registered electors in each of at least 1/2 of the congressional districts of this state. All signatures on the petitions must be obtained not more than 180 days immediately before the date of filing.
(2) After the date on which a petition is filed, the secretary of state shall must not accept additional petition sheets for that petition. The Subject to this subsection, the validity and authenticity of the signatures may be determined in the same manner as provided for initiative and referendum petitions in section 9 of article II of the state constitution of 1963. The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on petitions to form a new political party filed under this section. An official declaration of the sufficiency or insufficiency of a petition filed under this section must be made by the board of state canvassers not later than 60 days before the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
general November election.
(3) The petitions must be in substantially the following form:
|
We, the undersigned, duly registered electors of the |
|
|
city, township of ................. county of ................. |
|
|
(strike one) |
|
|
state of Michigan, residing at the places set opposite our |
|
|
names, respectfully request the secretary of state, in |
|
|
accordance with section 685 of the Michigan election law, |
|
|
1954 PA 116, MCL 168.685, to place the names of the |
|
|
candidates of the ........................ party on the |
|
|
ballot at the .................... election. |
|
Warning: A person An individual who knowingly signs petitions to organize more than 1 new state political party , signs a petition to organize a new state political party more than once, or signs a name other than his or her the individual's own name is violating the provisions of the Michigan election law.
|
|
................................ |
|
|
................................ |
|
|
................................ |
(4) The balance of the petition form must be substantially as set forth in section 544c. The size of all organizing petitions must be 8-1/2 inches by 13 inches and must be printed in the following type sizes: The words "petition to form new political party" and the name of the proposed political party must be in 24-point boldface type; the word "warning" and the language contained in the warning must be in 12-point boldface type.
(5) Petitions circulated under this section may be circulated on a countywide basis. A petition that is circulated countywide
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
must be on a form prescribed by the secretary of state.
(6) If the principal candidate of a political party receives a vote equal to less than 1% of the total number of votes cast for the successful candidate for the office of secretary of state at the last preceding general November election in which a secretary of state was elected, that political party shall must not have the name of any candidate printed on the ballots at the next ensuing general November election, and a column must not be provided on the ballots for that party. A disqualified party may again qualify and have the names of its the party's candidates printed in a separate party column on each election ballot in the manner set forth in subsection (1) for the qualification of new parties. As used in this subsection, "principal candidate of a political party" means the candidate who receives the greatest number of votes of all candidates of that political party for that election.
(7) A political party that complied with this section is subject to section 686a in order to have the name of that party and its the party's candidates appear on the general election ballot.
(8) An individual shall must not knowingly sign a petition to organize more than 1 new state political party. or sign a petition to organize a new state political party more than once. An individual who violates this subsection is guilty of a misdemeanor.
(9) An individual shall must not do any of the following:
(a) Sign a petition to form a new political party with a name other than his or her the individual's own name.
(b) Make a false statement in a certificate on a petition to form a new political party.
(c) If not a circulator, sign a petition to form a new political party as a circulator.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(d) Sign a name as circulator other than his or her the circulator's own name.
(10) Except as otherwise provided in subsection (11), an An individual who violates subsection (9)(b) or (c) 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.
(11) An individual shall not sign a petition to form a new political party with multiple names. An individual who violates this subsection (9)(a) or (d) is guilty of a felony.
(12) If an individual signs a petition to form a new political party in violation of this section, any signature by that individual on the petition is invalid and must not be counted.
(13) If a petition to form a new state political party contains the signature of the same elector 2 or more times, only the first valid signature of that elector shall be counted.
Sec. 957. (1) A person An individual circulating a recall petition shall must state in the certificate of circulator his or her the individual's residence address and that he or she the individual is 18 years of age or older and a United States citizen. In addition, the certificate of circulator must indicate all of the following:
(a) That signatures appearing upon on the recall petition were not obtained through fraud, deceit, or misrepresentation. and that he or she has neither caused nor permitted a person to sign the recall petition more than once and has no knowledge of a person signing the recall petition more than once.
(b) That all signatures to the recall petition were affixed in his or her the individual's presence.
(c) That, to the best of his or her the individual's
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
knowledge, information, and belief, the signers of the recall petition are qualified and registered electors and the signatures appearing on the recall petition are the genuine signatures of the persons individuals signing the recall petition.
(2) A person An individual who knowingly makes a false statement in the certificate of circulator is guilty of a misdemeanor.
Sec. 958. (1) A recall petition sheet shall must contain only the signatures of qualified and registered electors of the city or township listed in its heading.
(2) For recall of a village officer, the recall petition shall must be signed by qualified and registered electors of the village.
(3) A qualified and registered elector may sign the recall petition sheet in any location at which the recall petition sheet is available.
(4) A recall petition is not invalid if it the recall petition contains the signature of a person an individual who is not a qualified and registered elector of the appropriate city, township, or village listed in the heading of that recall petition sheet.
(5) If a recall petition contains the signature of the same elector 2 or more times, only the first valid signature of that elector shall be counted.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
