PROHIBITED USE OF OFFICIAL'S NAME                                 H.B. 4653 (H-1) & 4656 (H-2):

                                                                                                      FLOOR SUMMARY

House Bill 4653 (Substitute H-1 as reported without amendment)

House Bill 4656 (Substitute H-2 as reported without amendment)

Sponsor:  Representative Anthony Forlini

House Committee:  Redistricting and Elections

Senate Committee:  Local Government and Elections

CONTENT

House Bill 4653 (H-1) would amend the Michigan Election Law to prohibit the name of an elected or appointed official of the State or a political subdivision from appearing on any material that was temporarily posted, displayed, or distributed in a polling place or polling room on election day.

House Bill 4656 (H-2) would amend the Michigan Election Law to prohibit the name of an elected or appointed official of the State or a political subdivision from appearing on any ballot-related material that was provided to an elector.  "Ballot-related material" would include any of the following:

-- Any material provided to an elector with an absent voter ballot.

-- Absent voter ballot instructions.

-- An envelope used to mail to an elector an absent voter ballot or any other ballot material.

-- An absent voter ballot return envelope.

Any ballot-related material printed or prepared before the bill's effective date that contained the name of an elected or appointed State or local official could be used if the official were not a candidate at the election in which that ballot-related material was being used.

A violation of either bill would be a misdemeanor punishable by a maximum fine of $100 for a first offense or $250 for a second or subsequent offense.

MCL 168.744 (H.B. 4653)                                               Legislative Analyst:  Julie Cassidy

Proposed MCL 168.931a (H.B. 4656)

FISCAL IMPACT

The bills would have an indeterminate, but likely minor, fiscal impact on State and local government.  Local clerks' offices may have stocks of preprinted envelopes and related materials that they would be unable to use due to the proposed restrictions; they could incur costs to purchase new materials or alter previously purchased materials.  A potential marginal increase in penal fine revenue from the proposed misdemeanor would benefit public libraries.

Date Completed:  5-17-12                                                   Fiscal Analyst:  Dan O'Connor

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.