HB-6595, As Passed House, December 12, 2018
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
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
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
shall must be filed with the secretary of state not more than
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)
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
6 expense or cost to
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)
to subsection (2), any person or
persons, feeling themselves who feels aggrieved by any
19 determination made by
said the board , of state canvassers may have
such the determination reviewed by mandamus, certiorari, or
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
10 the following form and printed in capital letters in 14-point
11 boldfaced type:
AMENDMENT TO THE CONSTITUTION
INITIATION OF LEGISLATION
REFERENDUM OF LEGISLATION
PROPOSED BY INITIATIVE PETITION
19 (3) The full text of the amendment so proposed
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
25 to be altered or abrogated
shall must be inserted, preceded
27 "Provisions of existing constitution altered or abrogated by
1 the proposal if adopted."
2 (4) The following statement
shall must appear
3 petition heading:
"We, the undersigned qualified and registered electors,
residents in the
township (strike 1) of .......... in the county of ..........,
state of Michigan, respectively petition for (amendment to
constitution) (initiation of legislation) (referendum of
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:
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.
to subsections (7) and (8), the remainder
21 the petition form
be as provided following the warning
22 to electors signing the petition in section 544c(1). In addition,
23 the petition
comply with the requirements of section
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
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.