October 12, 2011, Introduced by Reps. Tyler, Jacobsen, Kurtz, Price and Knollenberg and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 22e, 32, 477, and 480 (MCL 168.22e, 168.32,
168.477, and 168.480), section 22e as added by 1995 PA 261 and
section 477 as amended by 1999 PA 219, and by adding section 483a;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 22e. (1) The board of state canvassers shall meet to
consider and approve a statement of the purpose of a proposed
constitutional amendment or other ballot question prepared pursuant
to
sections section 32. and 474. The board of state canvassers
shall give not less than 3 full business days' notice to the public
of a meeting held under this subsection. The board of state
canvassers shall also give not less than 3 full business days'
notice to all of the following:
(a) The legally or generally recognized sponsor of the
proposed constitutional amendment or other ballot question, if any.
(b) The legislative sponsor of the proposed constitutional
amendment or ballot question, if any.
(c) The senate majority leader.
(d) The speaker of the house of representatives.
(e) The minority leaders of the senate and the house of
representatives.
(f) A legislator who does not receive notice under
subdivisions (c), (d), or (e).
(2) The board of state canvassers shall publicly request and
allow a person described in subsection (1)(a) or (b), or a
representative of that person, to address a meeting held under this
section.
Sec.
32. (1) There is hereby continued in In the
office of the
secretary
of state, the bureau of elections created by Act No. 65
of
the Public Acts of 1951, former
1951 PA 65 continues under the
supervision of a director of elections, to be appointed by the
secretary of state under civil service regulations. The director of
elections shall be vested with the powers and shall perform the
duties of the secretary of state under his or her supervision, with
respect to the supervision and administration of the election laws.
The director of elections shall be a nonmember secretary of the
state board of canvassers.
(2) The director of elections, with the approval of the state
board of canvassers, shall prepare a statement for designation on
the ballot in not more than 100 words, exclusive of caption, of the
purpose
of any proposed amendment or question
, to be submitted to
the electors as required under section 9 of article II, section 34
of
article IV, or section 1 or 2
of article 12 XII of the state
constitution of 1963. The powers and duties of the state board of
canvassers and the secretary of state with respect to the
preparation
of such the statement are hereby transferred to the
director of elections. The secretary of state shall certify the
statement of the purpose of any proposed amendment or question to
be submitted to the electors not later than 60 days before the date
of the election.
Sec. 477. (1) The board of state canvassers shall make an
official declaration of the sufficiency or insufficiency of a
petition under this chapter at least 2 months before the election
at which the proposal is to be submitted. If the board of state
canvassers declares that the petition is sufficient, the secretary
of state shall send copies of the statement of purpose of the
proposal
as approved by the board of state canvassers under section
474
to the several daily and weekly
newspapers published in this
state, with the request that the newspapers give as wide publicity
as possible to the proposed amendment or other question.
Publication of any matter by any newspaper under this section shall
be without expense or cost to the state of Michigan.
(2) For the purposes of the second paragraph of section 9 of
article II of the state constitution of 1963, a law that is the
subject of the referendum continues to be effective until the
referendum is properly invoked, which occurs when the board of
state canvassers makes its official declaration of the sufficiency
of the referendum petition. The board of state canvassers shall
complete the canvass of a referendum petition within 60 days after
the petition is filed with the secretary of state, except that 1
15-day extension may be granted by the secretary of state if
necessary to complete the canvass.
Sec.
480. Whenever If a proposed constitutional amendment or
other
special question is to be submitted to the electors of the
this
state for a popular vote, the
secretary of state shall, not
less
than 49 60 days before the date of the election at which the
proposed constitutional amendment or other special question is to
be
submitted, certify the same statement of the purpose for
designation
on the ballot to the clerk of each
county in the this
state,
together with the form in which such the constitutional
amendment
or other special questions shall be submitted. printed on
the
ballot. The secretary of state shall
also furnish the several
county
clerks in the this state 2 copies of the text of each
constitutional amendment or other special question and 2 copies of
each
said statement for each voting precinct in their respective
counties.
The Each county clerk shall furnish the said copies of
such
the statement to the several township and city
clerks in his
or her county at the time other supplies for the election are
furnished. ;
and each such Each township or city clerk shall,
before the opening of the polls on election day, deliver the copies
of
such the text and statement to which each voting precinct in
his
or her township or city is entitled to the board of election
inspectors
of said the precinct, who shall post the same in
conspicuous
places in the room where such the
election is held.
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. Sections 474, 649, and 707 of the Michigan
election law, 1954 PA 116, MCL 168.474, 168.649, and 168.707, are
repealed.