ELECTION LAW REVISIONS                                                                   H.B. 5152 (S-2):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5152 (Substitute S-2 as reported)

Sponsor:  Representative Lisa Posthumus Lyons

House Committee:  Elections and Ethics

Senate Committee:  Local Government and Elections

CONTENT

The bill would amend the Michigan Election Law to do the following:

-- Specify that the last four digits of a registered voter's Social Security number would be exempt from disclosure under the Freedom of Information Act, and the Secretary of State could use the digits only to verify a registered voter's data under the Federal Help America Vote Act or a registered voter's status under the Election law.

-- Specify that if an elector did not include his or her signature, his or her address, or the date of signing, on a nominating petition, his or her signature would be invalid.

-- Revise procedures for electing a person to fulfill the remainder of a vacant term for various township and county offices, school boards, and judgeships.

-- Change the filing deadline for nominating petitions for the office of metropolitan district officer.

-- Provide that the requirement for a candidate to include a name change on an affidavit of identity would not apply if the name in question constituted a common name as provided in the Election Law.

The bill also would specify requirements concerning the circulator of a petition to amend the State Constitution, initiate legislation, or have a referendum on legislation; a petition for the office of U.S. President, U.S. Senator, Governor, Attorney General, Secretary of State, State Board of Education, Michigan Supreme Court justice, or board of the University of Michigan, Michigan State University, or Wayne State University; or a petition to form a new political party.  The bill would require the circulator to be a registered elector of this State or qualified to be a registered elector or, if not a State resident, to be at least 18 years old, be a U.S. citizen, and sign an irrevocable written stipulation agreeing to accept the jurisdiction of this State for the purpose of a legal proceeding or hearing initiated under certain sections of the Election Law.  The bill also would require specific language related to this requirement to be added to the certificate of circulator that appears on the petition.

MCL 168.209 et al.                                                      Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

The bill would have a negligible fiscal impact on the State.  The bill would require the Secretary of State to notify certain petition circulators by personal service or certified mail when the Secretary of State or a designated agent was served with legal process.  This could result in a cost to the Department of State; however, annual appropriations for the Department should be sufficient to cover any costs.

Date Completed:  3-27-14                                                    Fiscal Analyst:  Joe Carrasco

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.