HOUSE BILL No. 4806

August 18, 2015, Introduced by Reps. Hoadley, Irwin, Plawecki, Liberati, Pagan and Wittenberg and referred to the Committee on Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 744 and 931 (MCL 168.744 and 168.931), section

744 as amended by 2012 PA 156 and section 931 as amended by 1996 PA

583.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 744. (1) An election inspector or any other person in a

polling room, in a compartment connected to a polling room, or

within 100 feet from any ~~entrance to a~~ doorway used by voters to

enter a building in which a polling place is located shall not

persuade or endeavor to persuade a person to vote for or against

any particular candidate or party ticket or for or against any

ballot question that is being voted on at the election. A person

shall not place or distribute stickers, other than stickers

provided by the election officials pursuant to law, in a polling

room, in a compartment connected to a polling room, or within 100

feet from any ~~entrance to a~~ doorway used by voters to enter a

building in which a polling place is located.

(2) A person shall not solicit donations, gifts,

contributions, purchase of tickets, or similar demands, or request

or obtain signatures on petitions in a polling room, in a

compartment connected to a polling room, or within 100 feet from

any ~~entrance to a~~ doorway used by voters to enter a building in

which a polling place is located.

(3) On election day, a person shall not post, display, or

distribute in a polling place, in any hallway used by voters to

enter or exit a polling place, or within 100 feet of ~~an entrance to~~

a any doorway used by voters to enter a building in which a polling

place is located any material that directly or indirectly makes

reference to an election, a candidate, or a ballot question. Except

as otherwise provided in section 744a, this subsection does not

apply to official material that is required by law to be posted,

displayed, or distributed in a polling place on election day.

(4) A person who violates this section is guilty of a

misdemeanor.

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 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

person, receive, agree, 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.

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 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~~ any doorway used by voters to enter a

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 thing of value, or be the custodian of money,

property, or 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.

(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.