HB-6595, As Passed House, December 12, 2018

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6595

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 471, 477, 479, and 482 (MCL 168.471, 168.477,

 

168.479, and 168.482), section 471 as amended by 1999 PA 219,

 

section 477 as amended by 2012 PA 276, and section 482 as amended

 

by 1998 PA 142, and by adding sections 482a, 482b, 482c, and 482d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 471. Petitions under section 2 of article XII of the

 

 2  state constitution of 1963 proposing an amendment to the

 

 3  constitution shall must be filed with the secretary of state at

 

 4  least 120 days before the election at which the proposed amendment

 

 5  is to be voted upon. Initiative petitions under section 9 of

 

 6  article II of the state constitution of 1963 shall must be filed

 

 7  with the secretary of state at least 160 days before the election


 1  at which the proposed law is to be voted upon. Referendum petitions

 

 2  under section 9 of article II of the state constitution of 1963

 

 3  shall must be filed with the secretary of state not more than 90

 

 4  days following the final adjournment of the legislative session at

 

 5  which the law that is the subject of the referendum was enacted.

 

 6  Not more than 15% of the petition signatures for a petition

 

 7  described in this section may come from any 1 congressional

 

 8  district. When filing a petition described in this section with the

 

 9  secretary of state, a person must sort the petition so that the

 

10  petition signatures are categorized by congressional district. In

 

11  addition, when filing a petition described in this section with the

 

12  secretary of state, the person who files the petition must certify

 

13  to the secretary of state that the number of petition signatures

 

14  from each congressional district does not exceed the limit

 

15  described in this section. Any signature obtained on a petition

 

16  above the limit described in this section is invalid and must not

 

17  be counted.

 

18        Sec. 477. (1) The Except as otherwise provided in this

 

19  subsection, the board of state canvassers shall make an official

 

20  declaration of the sufficiency or insufficiency of a petition under

 

21  this chapter at least 2 months before the election at which the

 

22  proposal is to be submitted. The board of state canvassers shall

 

23  make an official declaration of the sufficiency or insufficiency of

 

24  an initiative petition no later than 100 days before the election

 

25  at which the proposal is to be submitted. If the board of state

 

26  canvassers declares that the petition is sufficient, the secretary

 

27  of state shall send copies of the statement of purpose of the


 1  proposal as approved by the board of state canvassers to the

 

 2  several daily and weekly newspapers published in this state, with

 

 3  the request that the newspapers give as wide publicity as possible

 

 4  to the proposed amendment or other question. Publication of any

 

 5  matter by any newspaper under this section shall must be without

 

 6  expense or cost to the this state. of Michigan.

 

 7        (2) For the purposes of the second paragraph of section 9 of

 

 8  article II of the state constitution of 1963, a law that is the

 

 9  subject of the referendum continues to be effective until the

 

10  referendum is properly invoked, which occurs when the board of

 

11  state canvassers makes its official declaration of the sufficiency

 

12  of the referendum petition. The board of state canvassers shall

 

13  complete the canvass of a referendum petition within 60 days after

 

14  the petition is filed with the secretary of state, except that 1

 

15  15-day extension may be granted by the secretary of state if

 

16  necessary to complete the canvass.

 

17        Sec. 479. (1) Any Subject to subsection (2), any person or

 

18  persons, feeling themselves who feels aggrieved by any

 

19  determination made by said the board , of state canvassers may have

 

20  such the determination reviewed by mandamus, certiorari, or other

 

21  appropriate remedy in the supreme court.

 

22        (2) If a person feels aggrieved by any determination made by

 

23  the board of state canvassers regarding the sufficiency or

 

24  insufficiency of an initiative petition, the person must file a

 

25  legal challenge to the board's determination in the supreme court

 

26  within 7 business days after the date of the official declaration

 

27  of the sufficiency or insufficiency of the initiative petition. Any


 1  legal challenge to the official declaration of the sufficiency or

 

 2  insufficiency of an initiative petition has the highest priority

 

 3  and shall be advanced on the supreme court docket so as to provide

 

 4  for the earliest possible disposition.

 

 5        Sec. 482. (1) Each petition under this section shall must be

 

 6  8-1/2 inches by 14 inches in size.

 

 7        (2) If the measure to be submitted proposes a constitutional

 

 8  amendment, initiation of legislation, or referendum of legislation,

 

 9  the heading of each part of the petition shall must be prepared in

 

10  the following form and printed in capital letters in 14-point

 

11  boldfaced type:

 

 

12

                       INITIATIVE PETITION

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                  AMENDMENT TO THE CONSTITUTION

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                               OR

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                    INITIATION OF LEGISLATION

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                               OR

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                    REFERENDUM OF LEGISLATION

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                 PROPOSED BY INITIATIVE PETITION

 

 

19        (3) The full text of the amendment so proposed shall must

 

20  follow and be printed in 8-point type. In addition, a summary in

 

21  not more than 100 words of the purpose of the proposed amendment or

 

22  question proposed must follow and be printed in 12-point type. If

 

23  the proposal would alter or abrogate an existing provision of the

 

24  constitution, the petition shall must so state and the provisions

 

25  to be altered or abrogated shall must be inserted, preceded by the

 

26  words:

 

27        "Provisions of existing constitution altered or abrogated by


 1  the proposal if adopted."

 

 2        (4) The following statement shall must appear beneath the

 

 3  petition heading:

 

 

 4

     "We, the undersigned qualified and registered electors,

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residents in the

 6

city

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township (strike 1) of .......... in the county of ..........,

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state of Michigan, respectively petition for (amendment to

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constitution) (initiation of legislation) (referendum of

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legislation) (other appropriate description).".

 

 

11        (5) The following warning shall must be printed in 12-point

 

12  type immediately above the place for signatures, on each part of

 

13  the petition:

 

 

14

                              WARNING

 

 

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

 

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

 

17  and registered elector, or sets opposite his or her signature on a

 

18  petition, a date other than the actual date the signature was

 

19  affixed, is violating the provisions of the Michigan election law.

 

20        (6) The Subject to subsections (7) and (8), the remainder of

 

21  the petition form shall must be as provided following the warning

 

22  to electors signing the petition in section 544c(1). In addition,

 

23  the petition shall must comply with the requirements of section

 

24  544c(2).

 

25        (7) Each petition under this section must clearly indicate at

 

26  the top of the page and be printed in 12-point type whether the

 

27  circulator of the petition is a paid signature gatherer or a


 1  volunteer signature gatherer.

 

 2        (8) Each petition under this section must clearly indicate

 

 3  below the statement required under subsection (7) and be printed in

 

 4  12-point type that if the petition circulator does not comply with

 

 5  all of the requirements of this act for petition circulators, any

 

 6  signature obtained by that petition circulator on that petition is

 

 7  invalid and will not be counted.

 

 8        Sec. 482a. (1) If an individual who circulates a petition

 

 9  under section 482 is a paid signature gatherer, then that

 

10  individual must, before circulating any petitions, file a signed

 

11  affidavit with the secretary of state that indicates he or she is a

 

12  paid signature gatherer.

 

13        (2) Any signature obtained on a petition under section 482 by

 

14  an individual who has not filed the required affidavit under

 

15  subsection (1) is invalid and must not be counted.

 

16        (3) If the circulator of a petition under section 482 provides

 

17  or uses a false address or provides any fraudulent information on

 

18  the certificate of circulator, any signature obtained by that

 

19  circulator on that petition is invalid and must not be counted.

 

20        (4) If a petition under section 482 is circulated and the

 

21  petition does not meet all of the requirements under section 482,

 

22  any signature obtained on that petition is invalid and must not be

 

23  counted.

 

24        (5) Any signature obtained on a petition under section 482

 

25  that was not signed in the circulator's presence is invalid and

 

26  must not be counted.

 

27        Sec. 482b. A person who circulates a petition under section


 1  482 may, before circulating any petitions, submit the summary of

 

 2  the purpose of the proposed amendment or question proposed that is

 

 3  required under section 482(3) to the board of state canvassers for

 

 4  approval as to the content of the summary.

 

 5        Sec. 482c. The circulator of a petition under section 482 who

 

 6  knowingly makes a false statement concerning his or her status as a

 

 7  paid signature gatherer or volunteer signature gatherer is guilty

 

 8  of a misdemeanor.

 

 9        Sec. 482d. As used in this chapter, "paid signature gatherer"

 

10  means an individual who is compensated through payments of money or

 

11  other valuable consideration to obtain signatures on a petition as

 

12  described in section 471.