February 7, 2006, Introduced by Rep. Sak and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 931 (MCL 168.931), as amended by 1996 PA 583.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 931. (1) A person who violates 1 or more of the following
subdivisions is guilty of a misdemeanor:
(a) A person shall not, either directly or indirectly, give,
lend,
or promise valuable consideration, to or for any a
person,
as an inducement to influence the manner of voting by a person
relative to a candidate or ballot question, or as a reward for
refraining from voting.
(b) A person shall not, either before, on, or after an
election,
for the person's own benefit or on behalf of any other
another person, receive, agree to receive, or contract for valuable
consideration for 1 or more of the following:
(i) Voting or agreeing to vote, or inducing or attempting to
induce another to vote, at an election.
(ii) Refraining or agreeing to refrain, or inducing or
attempting to induce another to refrain, from voting at an
election.
(iii) Doing anything prohibited by this act.
(iv) Both distributing absent voter ballot applications to
voters and receiving signed applications from voters for delivery
to the appropriate clerk or assistant of the clerk. This
subparagraph does not apply to an authorized election official.
(c)
A person shall not solicit any valuable consideration
from a candidate for nomination for, or election to, an office
described in this act. This subdivision does not apply to requests
for contributions of money by or to an authorized representative of
the political party committee of the organization to which the
candidate belongs. This subdivision does not apply to a regular
business
transaction between a candidate and any other another
person that is not intended for, or connected with, the securing of
votes or the influencing of voters in connection with the
nomination or election.
(d) A person shall not, either directly or indirectly,
discharge or threaten to discharge an employee of the person for
the purpose of influencing the employee's vote at an election.
(e) A priest, pastor, curate, or other officer of a religious
society shall not for the purpose of influencing a voter at an
election, impose or threaten to impose upon the voter a penalty of
excommunication, dismissal, or expulsion, or command or advise the
voter, under pain of religious disapproval.
(f) A person shall not hire a motor vehicle or other
conveyance or cause the same to be done, for conveying voters,
other than voters physically unable to walk, to an election.
(g) In a city, township, village, or school district that has
a board of election commissioners authorized to appoint inspectors
of election, an inspector of election, a clerk, or other election
official who accepts an appointment as an inspector of election
shall not fail to report at the polling place designated on
election morning at the time specified by the board of election
commissioners, unless excused as provided in this subdivision. A
person who violates this subdivision is guilty of a misdemeanor,
punishable by a fine of not more than $10.00 or imprisonment for
not more than 10 days, or both. An inspector of election, clerk, or
other election official who accepts an appointment as an inspector
of election is excused for failing to report at the polling place
on election day and is not subject to a fine or imprisonment under
this subdivision if 1 or more of the following requirements are
met:
(i) The inspector of election, clerk, or other election
official notifies the board of election commissioners or other
officers in charge of elections of his or her inability to serve at
the time and place specified, 3 days or more before the election.
(ii) The inspector of election, clerk, or other election
official is excused from duty by the board of election
commissioners or other officers in charge of elections for cause
shown.
(h) A person shall not willfully fail to perform a duty
imposed upon that person by this act, or disobey a lawful
instruction or order of the secretary of state as chief state
election officer or of a board of county election commissioners,
board of city election commissioners, or board of inspectors of
election.
(i) A delegate or member of a convention shall not solicit a
candidate for nomination before the convention for money, reward,
position, place, preferment, or other valuable consideration in
return for support by the delegate or member in the convention. A
candidate or other person shall not promise or give to a delegate
money, reward, position, place, preferment, or other valuable
consideration in return for support by or vote of the delegate in
the convention.
(j) A person elected to the office of delegate to a convention
shall
not accept or receive any money or other valuable
consideration for his or her vote as a delegate.
(k) A person shall not, while the polls are open on an
election day, solicit votes in a polling place or within 100 feet
from an entrance to the building in which a polling place is
located.
(l) A person shall not keep a room or building for the purpose,
in whole or in part, of recording or registering bets or wagers, or
of selling pools, upon the result of a political nomination,
appointment, or election. A person shall not wager property, money,
or any other thing of value, or be the custodian of money,
property, or any other thing of value, staked, wagered, or pledged
upon the result of a political nomination, appointment, or
election.
(m) A person shall not participate in a meeting or a portion
of a meeting of more than 2 persons, other than the person's
immediate family, at which an absent voter ballot is voted.
(n) A person, other than an authorized election official,
shall
not, either directly or indirectly, give, lend, or promise
any
valuable consideration to or for a
person to induce that
person to both distribute absent voter ballot applications to
voters and receive signed absent voter ballot applications from
voters for delivery to the appropriate clerk.
(o) A person shall not contract for, pay or receive payment
for, take steps to make or bring about, or otherwise undertake to
make or bring about automated telephone calls supporting or
opposing a candidate for nomination for or election to public
office.
(2) A person who violates a provision of this act for which a
penalty
is not otherwise specifically provided in this act ,
is
guilty of a misdemeanor.
(3) A person or a person's agent who knowingly makes,
publishes, disseminates, circulates, or places before the public,
or knowingly causes directly or indirectly to be made, published,
disseminated, circulated, or placed before the public, in this
state, either orally or in writing, an assertion, representation,
or statement of fact concerning a candidate for public office at an
election in this state, that is false, deceptive, scurrilous, or
malicious, without the true name of the author being subscribed to
the assertion, representation, or statement if written, or
announced if unwritten, is guilty of a misdemeanor.
(4) As used in this section, "valuable consideration"
includes, but is not limited to, money, property, a gift, a prize
or chance for a prize, a fee, a loan, an office, a position, an
appointment, or employment.