HOUSE BILL No. 6595

 

 

December 6, 2018, Introduced by Reps. Lower and Miller and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

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

 

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


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

 

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

 

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

 

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

 

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

 

 6  days following the final adjournment of the legislative session at

 

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

 

 8  Subject to this section, not more than 10% of the petition

 

 9  signatures for a petition described in this section may come from

 

10  any 1 congressional district. If the number of congressional

 

11  districts allocated to this state is reduced after the effective

 

12  date of the amendatory act that added section 482a, not more than

 

13  15% of the petition signatures for a petition described in this

 

14  section may come from any 1 congressional district. Any signature

 

15  obtained on a petition above the limit described in this section

 

16  from any 1 congressional district is invalid and must not be

 

17  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 July 1 before the election at

 

25  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.If a person feels

 

 7  aggrieved by any determination made by the board of state

 

 8  canvassers regarding the sufficiency or insufficiency of an

 

 9  initiative petition, the person must file a legal challenge to the

 

10  board's determination in the supreme court within 3 business days

 

11  after the date of the official declaration of the sufficiency or

 

12  insufficiency of the initiative petition. Any legal challenge to

 

13  the official declaration of the sufficiency or insufficiency of an

 

14  initiative petition has the highest priority and shall be advanced

 

15  on the supreme court docket so as to provide for the earliest

 

16  possible disposition.

 

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

 

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

 

19  subject of the referendum continues to be effective until the

 

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

 

21  state canvassers makes its official declaration of the sufficiency

 

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

 

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

 

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

 

25  15-day extension may be granted by the secretary of state if

 

26  necessary to complete the canvass.

 

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


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

 

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

 

 3  amendment, initiation of legislation, or referendum of legislation,

 

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

 

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

 

 6  boldfaced type:

 

 

 7

                       INITIATIVE PETITION

 8

                  AMENDMENT TO THE CONSTITUTION

 9

                               OR

10

                    INITIATION OF LEGISLATION

11

                               OR

12

                    REFERENDUM OF LEGISLATION

13

                 PROPOSED BY INITIATIVE PETITION

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21  words:

 

22        "Provisions of existing constitution altered or abrogated by

 

23  the proposal if adopted."

 

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

 

25  petition heading:

 

 


 1

     "We, the undersigned qualified and registered electors,

 2

residents in the

 3

city

 4

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

 5

state of Michigan, respectively petition for (amendment to

 6

constitution) (initiation of legislation) (referendum of

 7

legislation) (other appropriate description).".

 

 

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

 

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

 

10  the petition:

 

 

11

                              WARNING

 

 

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

 

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

 

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

 

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

 

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

 

17        (6) The Subject to subsection (7), the remainder of the

 

18  petition form shall must be as provided following the warning to

 

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

 

20  petition shall must comply with the requirements of section

 

21  544c(2).

 

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

 

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

 

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

 

25  volunteer signature gatherer.

 

26        Sec. 482a. (1) An individual who circulates a petition under

 

27  section 482 must, before circulating any petitions, file a signed


 1  affidavit with the secretary of state that indicates whether he or

 

 2  she is a paid signature gatherer or a volunteer signature gatherer.

 

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

 

 4  an individual who has not filed the required affidavit under

 

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

 

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

 

 7  or uses an incorrect address or provides any fraudulent information

 

 8  on the certificate of circulator, any signature obtained by that

 

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

 

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

 

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

 

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

 

13  counted.

 

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

 

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

 

16  must not be counted.

 

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

 

18  482 may, before circulating any petitions, submit the summary of

 

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

 

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

 

21  approval as to form.