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

                                                                                               COMMITTEE SUMMARY

 

 

 

 

 

 

 

 

 

 

House Bill 4653 (Substitute H-1 as passed by the House)

House Bill 4656 (Substitute H-2 as passed by the House)

Sponsor:  Representative Anthony Forlini

House Committee:  Redistricting and Elections

Senate Committee:  Local Government and Elections

 

Date Completed:  5-1-12

 

CONTENT

 

The bills 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 posted in a polling place on election day or on ballot-related material provided to an elector.

 

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.

 

House Bill 4653 (H-1) would apply to 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 apply to 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.

 

MCL 168.744 (H.B. 4653)                                             Legislative Analyst:  Suzanne Lowe

Proposed MCL 168.931a (H.B. 4656)

 

FISCAL IMPACT

 

The bills would have no fiscal impact on State or local government, except a minor potential increase in penal fine revenue which would benefit public libraries.

 

                                                                                     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.