March 31, 2009, Introduced by Senators GLEASON and McMANUS and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding section 473a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 473a. (1) Before being circulated for signatures, a
petition proposing an amendment to the constitution or to initiate
legislation shall be submitted to the director of elections for
review. When the petition is 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
petition form comply with the type size requirements specified
under section 482.
(2) Within 10 days after receiving a petition described in
subsection (1), the director of elections shall determine if the
petition complies with all applicable statutory requirements and
petition form standards prescribed by the secretary of state. If
the director of elections determines that the petition does not
meet all applicable statutory requirements and petition form
standards, the director of elections shall notify the petition
sponsor and provide the petition sponsor an opportunity to correct
the defects. Within 10 days after receiving a corrected petition
form from the petition sponsor, the director of elections shall
review the corrected petition form to determine if it complies with
all applicable statutory requirements and petition form standards.
The director of elections shall not submit a petition to the board
of state canvassers until all applicable statutory requirements and
petition form standards have been met.
(3) Within 30 days after determining that a petition form
meets all applicable statutory requirements and petition form
standards, the director of elections shall prepare a written report
on 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 executed by the printer who prepared
the petition form, and certification that the petition complies
with the applicable statutory formatting requirements.
(4) Within 30 days after the submission of the report of the
director of elections, the board of state canvassers shall meet to
accept the report and consider the approval of the petition form.
(5) If the board of state canvassers adopts a motion approving
the petition form, the petition sponsor may proceed with
circulating the petition. Any signatures affixed to the petition
dated before the date the board of state canvassers approves the
petition form are invalid. The board of state canvassers shall
notify the petition sponsor of the approval of the petition.
(6) If the board of state canvassers adopts a motion to deny
approving the petition form, the petition sponsor shall not
circulate the petition form for the collection of signatures. Any
signatures affixed to the petition form are invalid. The board of
state canvassers shall notify the petition sponsor of the denial of
the petition and the reason for the denial. A person is not
prohibited from resubmitting a petition for review and approval as
provided in this section.
(7) If the board of state canvassers fails to meet to consider
approving the petition form within 30 days after the submission of
the report of the director of elections for review, or if the board
of state canvassers meets to consider approving the petition form
within the prescribed 30-day time period and fails to adopt a
motion to approve or deny approving 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 thirtieth
day after the date the report and petition were submitted for
review, or are dated on or before the date the board of state
canvassers met to consider approving the petition form, 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 is subject to review and approval by the board of state
canvassers as a part of the canvass of the petition for
sufficiency.
(8) The substance of the proposal appearing on a petition
submitted to the director of elections for review under this
section shall not be subject to consideration or approval by the
board of state canvassers.
(9) A petition form approved by the board of state canvassers
shall not be altered or modified in any way before or during the
circulation of the petition for signatures.
(10) A 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 may file an appeal in the Ingham county
circuit court.