SENATE BILL No. 535

 

 

September 30, 2015, Introduced by Senators HERTEL, BIEDA and KNEZEK and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

(MCL 168.1 to 168.992) by adding sections 484a and 956a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 484a. (1) An individual who circulates or who obtains

 

signatures on a ballot question petition proposing a constitutional

 

amendment, initiation of legislation, or referendum of legislation

 

and who intentionally makes a false statement or misrepresentation

 

concerning the contents, purport, or effect of the ballot question

 

petition to any of the following individuals is subject to the

 

penalty provided in subsection (4):

 

     (a) An individual who signs the ballot question petition.


     (b) An individual who desires to sign the ballot question

 

petition.

 

     (c) An individual who is requested to sign the ballot question

 

petition.

 

     (d) An individual who makes inquiries with reference to the

 

ballot question petition.

 

     (e) An individual to whom the ballot question petition is

 

presented for signature.

 

     (2) An individual who circulates or who obtains signatures on

 

a ballot question petition proposing a constitutional amendment,

 

initiation of legislation, or referendum of legislation shall not

 

knowingly and willfully circulate, publish, or exhibit a false

 

statement or misrepresentation concerning the contents, purport, or

 

effect of the constitutional amendment, initiative, or referendum

 

for the purpose of obtaining an individual's signature on the

 

ballot question petition or for the purpose of persuading or

 

influencing an individual to sign the ballot question petition.

 

     (3) An individual who circulates or who obtains signatures on

 

a ballot question petition proposing a constitutional amendment,

 

initiation of legislation, or referendum of legislation shall not

 

intentionally make a false, deceptive, or misleading statement or

 

representation in response to an elector's inquiry as to whether he

 

or she is a paid signature gatherer or a volunteer signature

 

gatherer.

 

     (4) An individual who violates this section is guilty of a

 

misdemeanor.

 

     Sec. 956a. (1) An individual who circulates or who obtains

 


signatures on a recall petition and who intentionally makes a false

 

statement or misrepresentation concerning the contents, purport, or

 

effect of the recall petition to any of the following individuals

 

is subject to the penalty provided in subsection (4):

 

     (a) An individual who signs the recall petition.

 

     (b) An individual who desires to sign the recall petition.

 

     (c) An individual who is requested to sign the recall

 

petition.

 

     (d) An individual who makes inquiries with reference to the

 

recall petition.

 

     (e) An individual to whom the recall petition is presented for

 

signature.

 

     (2) An individual who circulates or who obtains signatures on

 

a recall petition shall not knowingly and willfully circulate,

 

publish, or exhibit a false statement or misrepresentation

 

concerning the contents, purport, or effect of the recall for the

 

purpose of obtaining an individual's signature on the recall

 

petition or for the purpose of persuading or influencing an

 

individual to sign the recall petition.

 

     (3) An individual who circulates or who obtains signatures on

 

a recall petition shall not intentionally make a false, deceptive,

 

or misleading statement or representation in response to an

 

elector's inquiry as to whether he or she is a paid signature

 

gatherer or a volunteer signature gatherer.

 

     (4) An individual who violates this section is guilty of a

 

misdemeanor.

 

     Enacting section 1. This amendatory act takes effect 90 days

 


after the date it is enacted into law.