SB-0413, As Passed Senate, January 27, 2010
SUBSTITUTE FOR
SENATE BILL NO. 413
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding section 483a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 483a. (1) A petition proposing an amendment to the
constitution or to initiate legislation shall be submitted to the
director of elections for review before being circulated. When
submitted, the petition form shall be accompanied by an affidavit
executed by the printer who prepared the petition form attesting
that the type sizes used on the form comply with the type size
requirements specified under section 482. Upon receipt of a
petition, the director of elections shall determine whether the
petition complies with all applicable formatting requirements. If a
statement describing the subject matter of the proposal appears on
the form, the director of elections shall determine whether the
statement fairly reflects the subject matter of the proposal. The
director of elections shall prepare a written report concerning the
review of the petition form for presentation to the board of state
canvassers. The written report shall include a copy of the petition
form, the affidavit submitted by the printer who prepared the
petition form, certification by the director of elections that the
petition complies with the applicable formatting requirements, and,
if a statement describing the subject matter of the proposal
appears on the form, certification by the director of elections
that the statement fairly reflects the subject matter of the
proposal.
(2) The board of state canvassers shall meet within 30 days
after the petition sponsor submits the petition to the director of
elections for review to receive the report prepared by the director
of elections and to consider the approval of the petition form. If
the director of elections requests a revision of the petition
during the course of the review process, the board of state
canvassers shall meet within 30 days after the petition sponsor
submits the final petition revision requested by the director of
elections. The board of state canvassers shall not meet to consider
the approval of the petition form unless and until the director of
elections certifies that the petition complies with the applicable
formatting requirements and, if a statement describing the subject
matter of the proposal appears on the form, that the statement
fairly reflects the subject matter of the proposal.
(3) If the board of state canvassers adopts a motion to
approve the form of the petition, the petition sponsor may proceed
with circulating the petition. Any signatures affixed to the
petition that are dated before the date the board of state
canvassers approves the form of the petition are invalid.
(4) If the board of state canvassers adopts a motion to not
approve the form of the petition, the petition sponsor shall not
circulate the petition for the collection of signatures. Any
signatures affixed to a petition form not approved by the board of
state canvassers are invalid. The motion entered to not approve the
form of the petition shall specify the deficiencies identified in
the petition form. The petition sponsor may correct the petition
form and resubmit the petition form to the director of elections
for review and reconsideration. The board of state canvassers shall
meet to consider the approval of the corrected petition form within
30 days after the petition sponsor submits the corrected petition
form to the director of elections.
(5) If the board of state canvassers fails to meet to receive
the report prepared by the director of elections within the
prescribed 30-day time period provided in subsection (2) or if the
board meets to receive the report prepared by the director of
elections within the 30-day time period and fails to adopt a motion
to approve or not approve the petition form, the petition sponsor
may proceed with circulating the petition. Any signatures affixed
to the petition that are dated on or before the date the 30-day
time period elapsed or are dated on or before the date the board of
state canvassers met to receive the report prepared by the director
of elections, if an earlier date, are invalid. If the petition form
is subsequently used to submit a filing to the secretary of state,
the petition form shall be subject to review and approval by the
board of state canvassers as a part of the canvass of the petition
for sufficiency.
(6) The substance of the proposal appearing on a petition
submitted to the director of elections shall not be subject to
review or consideration by the director of elections or the board
of state canvassers. If the petition bears a statement describing
the subject matter of the proposal, the statement shall not be
subject to review or consideration by the board of state
canvassers.
(7) After a petition form is approved by the board of state
canvassers, the petition shall not be altered or modified in any
way prior to or during the circulation of the petition, except for
any tear-off sheets that provide for directory information.
(8) Any person who feels aggrieved by a determination made by
the director of elections or the board of state canvassers relative
to the form of a petition or the statement describing the subject
matter of the proposal appearing on the petition, if any, may have
the determination reviewed on appeal by the Michigan court of
appeals on an expedited basis.
Enacting section 1. This amendatory act takes effect November
15, 2010.