SENATE BILL No. 1087

 

 

February 12, 2008, Introduced by Senator JANSEN and referred to the Committee on Campaign and Election Oversight.

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 480 and 544c (MCL 168.480 and 168.544c),

 

section 544c as amended by 2002 PA 431; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 480. Whenever If a proposed constitutional amendment or

 

 2  other special question is to be submitted to the electors of the

 

 3  this state for a popular vote, the secretary of state shall, not

 

 4  less than 49 60 days before the date of the election at which the

 

 5  proposed constitutional amendment or other special question is to

 


 1  be submitted, certify the same to the clerk of each county in the

 

 2  this state, together with the form in which such the

 

 3  constitutional amendment or other special questions shall be

 

 4  submitted. The secretary of state shall also furnish the several

 

 5  county clerks in the this state 2 copies of the text of each

 

 6  constitutional amendment or other special question and 2 copies

 

 7  of each said statement for each voting precinct in their

 

 8  respective counties. The Each county clerk shall furnish the said

 

 9  copies of such the statement to the several township and city

 

10  clerks in his or her county at the time other supplies for the

 

11  election are furnished. ; and each such Each township or city

 

12  clerk shall, before the opening of the polls on election day,

 

13  deliver the copies of such the text and statement to which each

 

14  voting precinct in his or her township or city is entitled to the

 

15  board of election inspectors of said the precinct, who shall post

 

16  the same in conspicuous places in the room where such the

 

17  election is held.

 

18        Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

 

19  by 14 inches in size. On a nominating petition, the words

 

20  "nominating petition" shall be printed in 24-point boldface type.

 

21  "We, the undersigned," et cetera shall be printed in 8-point

 

22  type. "Warning" and language in the warning shall be printed in

 

23  12-point boldface type. The balance of the petition shall be

 

24  printed in 8-point type. The name, address, and party affiliation

 

25  of the candidate and the office for which petitions are signed

 

26  shall be printed in type not larger than 24-point. The petition

 

27  shall be in the following form:

 


 

1

                       NOMINATING PETITION

2

                            (PARTISAN)

3

     We, the undersigned, registered and qualified voters

4

of the city or township of .................. in the county

5

         (strike 1)

6

of ................... and state of Michigan, nominate,

7

........................................................... ,

8

                      (Name of Candidate)

9

........................................................... ,

10

  (Street Address or Rural Route)      (City or Township)

11

as a candidate of the ................... party for the

12

office of  .......................... ,

13

........................................................... ,

14

                      (District, if any)

15

to be voted for at the primary election to be held on

16

the ............ day of ............. , 20 ........ .

17

                           WARNING

 

 

18        A person who knowingly signs more petitions for the same

 

19  office than there are persons to be elected to the office or

 

20  signs a name other than his or her own is violating the

 

21  provisions of the Michigan election law.

 

 

22

________________________________________________________________

23

    Printed     Street Address

24

   Name and         or                         Date of Signing

25

   Signature    Rural Route     Zip Code      Mo.    Day    Year

26

 1. ____________________________________________________________

27

 2. ____________________________________________________________

28

 3. ____________________________________________________________

29

 4. ____________________________________________________________

30

numbered lines as above

31

                     CERTIFICATE OF CIRCULATOR


 

 

 1        The undersigned circulator of the above petition asserts

 

 2  that he or she is qualified to circulate this petition and that

 

 3  each signature on the petition was signed in his or her presence;

 

 4  and that, to his or her best knowledge and belief, each signature

 

 5  is the genuine signature of the person purporting to sign the

 

 6  petition, the person signing the petition was at the time of

 

 7  signing a qualified registered elector of the city or township

 

 8  listed in the heading of the petition, and the elector was

 

 9  qualified to sign the petition.

 

10        Circulator-Do not sign or date certificate until after

 

11  circulating petition.

 

 

12

 

__________________________________________________

13

 

(Printed Name and Signature of Circulator)  (Date)

14

 

__________________________________________________

15

 

(City or Township Where Registered)

16

 

[or, for petitions under section 482,

17

 

"(City or Township Where Qualified to be

18

 

Registered)"]

19

 

__________________________________________________

20

 

(Complete Residence Address) (Street and Number

21

 

or Rural Route)

22

 

__________________________________________________

23

 

        (Zip Code)

 

 

24        Warning-A circulator knowingly making a false statement in

 

25  the above certificate, a person not a circulator who signs as a

 

26  circulator, or a person who signs a name other than his or her

 

27  own as circulator is guilty of a misdemeanor.

 

28        (2) The petition shall be in a form providing a space for

 

29  the circulator and each elector who signs the petition to print

 


 1  his or her name. The secretary of state shall prescribe the

 

 2  location of the space for the printed name. The failure of the

 

 3  circulator or an elector who signs the petition to print his or

 

 4  her name, to print his or her name in the location prescribed by

 

 5  the secretary of state, or to enter a zip code or his or her

 

 6  correct zip code does not affect the validity of the signature of

 

 7  the circulator or the elector who signs the petition. A printed

 

 8  name located in the space prescribed for printed names does not

 

 9  constitute the signature of the circulator or elector.

 

10        (3) At the time of circulation, the circulator of a petition

 

11  shall be a registered elector of this state. At the time of

 

12  executing the certificate of circulator, the circulator shall be

 

13  registered in the city or township indicated in the certificate

 

14  of circulator on the petition. However, the circulator of a

 

15  petition under section 482 need only be qualified to be a

 

16  registered elector of this state at the time of circulation and

 

17  at the time of executing the certificate of circulator.

 

18        (4) The circulator of a petition shall sign and date the

 

19  certificate of circulator before the petition is filed. A

 

20  circulator shall not obtain electors' signatures after the

 

21  circulator has signed and dated the certificate of circulator. A

 

22  filing official shall not count electors' signatures that were

 

23  obtained after the date the circulator signed the certificate or

 

24  that are contained in a petition that the circulator did not sign

 

25  and date.

 

26        (5) Except as provided in section 544d, a petition sheet

 

27  shall not be circulated in more than 1 city or township and each

 


 1  signer of a petition sheet shall be a registered elector of the

 

 2  city or township indicated in the heading of the petition sheet.

 

 3  The invalidity of 1 or more signatures on a petition does not

 

 4  affect the validity of the remainder of the signatures on the

 

 5  petition.

 

 6        (6) An individual shall not sign more nominating petitions

 

 7  for the same office than there are persons to be elected to the

 

 8  office. An individual who violates this subsection is guilty of a

 

 9  misdemeanor.

 

10        (7) An individual shall not do any of the following:

 

11        (a) Sign a petition with a name other than his or her own.

 

12        (b) Make a false statement in a certificate on a petition.

 

13        (c) If not a circulator, sign a petition as a circulator.

 

14        (d) Sign a name as circulator other than his or her own.

 

15        (8) An individual who violates subsection (7) is guilty of a

 

16  misdemeanor punishable by a fine of not more than $500.00 or

 

17  imprisonment for not more than 93 days, or both.

 

18        (9) If after a canvass and a hearing on a petition under

 

19  section 476 or 552 the board of state canvassers determines that

 

20  an individual has knowingly and intentionally failed to comply

 

21  with subsection (7), the board of state canvassers may impose 1

 

22  or more of the following sanctions:

 

23        (a) Disqualify obviously fraudulent signatures on a petition

 

24  form on which the violation of subsection (7) occurred, without

 

25  checking the signatures against local registration records.

 

26        (b) Disqualify from the ballot a candidate who committed,

 

27  aided or abetted, or knowingly allowed the violation of

 


 1  subsection (7) on a petition to nominate that candidate.

 

 2        (10) If an individual violates subsection (7) and the

 

 3  affected petition sheet is filed, each of the following who knew

 

 4  of the violation of subsection (7) before the filing of the

 

 5  affected petition sheet and who failed to report the violation to

 

 6  the secretary of state, the filing official, if different, the

 

 7  attorney general, a law enforcement officer, or the county

 

 8  prosecuting attorney is guilty of a misdemeanor, punishable by a

 

 9  fine of not more than $500.00 or imprisonment for not more than 1

 

10  year, or both:

 

11        (a) The circulator of the petition, if different than the

 

12  individual who violated subsection (7).

 

13        (b) If the petition is a nominating petition, the candidate

 

14  whose nomination is sought.

 

15        (c) If the petition is a petition for a ballot question or

 

16  recall, the organization or other person sponsoring the petition

 

17  drive.

 

18        (11) If after a canvass and a hearing on a petition under

 

19  section 476 or 552 the board of state canvassers determines that

 

20  an individual has violated subsection (10), the board of state

 

21  canvassers may impose 1 or more of the following sanctions:

 

22        (a) Impose on the organization or other person sponsoring

 

23  the petition drive an administrative fine of not more than

 

24  $5,000.00.

 

25        (b) Charge the organization or other person sponsoring the

 

26  petition drive for the costs of canvassing a petition form on

 

27  which a violation of subsection (7) occurred.

 


 1        (c) Disqualify an organization or other person described in

 

 2  subdivision (a) from collecting signatures on a petition for a

 

 3  period of not more than 4 years.

 

 4        (d) Disqualify obviously fraudulent signatures on a petition

 

 5  form on which a violation of subsection (7) occurred without

 

 6  checking the signatures against local registration records.

 

 7        (e) Disqualify from the ballot a candidate who committed,

 

 8  aided or abetted, or knowingly allowed a violation of subsection

 

 9  (7) on a petition to nominate that candidate.

 

10        (12) If an individual refuses to comply with a subpoena of

 

11  the board of state canvassers in an investigation of an alleged

 

12  violation of subsection (7) or (10), the board may hold the

 

13  canvass of the petitions in abeyance until the individual

 

14  complies.

 

15        (13) A person who aids or abets another in an act that is

 

16  prohibited by this section is guilty of that act.

 

17        (14) The provisions of this section except as otherwise

 

18  expressly provided apply to all petitions circulated under

 

19  authority of the election law.

 

20        Enacting section 1. Sections 649 and 707 of the Michigan

 

21  election law, 1954 PA 116, MCL 168.649 and 168.707, are repealed.