HB-6595, As Passed House, December 21, 2018

HB-6595, As Passed Senate, December 21, 2018

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6595

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 471, 477, 479, 482, and 544d (MCL 168.471,

 

168.477, 168.479, 168.482, and 168.544d), section 471 as amended

 

by 1999 PA 219, section 477 as amended by 2012 PA 276, section

 

482 as amended by 1998 PA 142, and section 544d as amended by

 

1999 PA 218, and by adding sections 482a, 482b, 482c, and 482d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 471. Petitions under section 2 of article XII of the

 

 2  state constitution of 1963 proposing an amendment to the

 

 3  constitution shall must be filed with the secretary of state at

 

 4  least 120 days before the election at which the proposed

 

 5  amendment is to be voted upon. Initiative petitions under section

 

 6  9 of article II of the state constitution of 1963 shall must be

 

 1  filed with the secretary of state at least 160 days before the

 

 2  election at which the proposed law is to be voted upon. would

 

 3  appear on the ballot if the legislature rejects or fails to enact

 

 4  the proposed law. Referendum petitions under section 9 of article

 

 5  II of the state constitution of 1963 shall must be filed with the

 

 6  secretary of state not more than 90 days following the final

 

 7  adjournment of the legislative session at which the law that is

 

 8  the subject of the referendum was enacted. Not more than 15% of

 

 9  the signatures to be used to determine the validity of a petition

 

10  described in this section shall be of registered electors from

 

11  any 1 congressional district. Any signature submitted on a

 

12  petition above the limit described in this section must not be

 

13  counted. When filing a petition described in this section with

 

14  the secretary of state, a person must sort the petition so that

 

15  the petition signatures are categorized by congressional

 

16  district. In addition, when filing a petition described in this

 

17  section with the secretary of state, the person who files the

 

18  petition must state in writing a good-faith estimate of the

 

19  number of petition signatures from each congressional district.

 

20        Sec. 477. (1) The Except as otherwise provided in this

 

21  subsection, the board of state canvassers shall make an official

 

22  declaration of the sufficiency or insufficiency of a petition

 

23  under this chapter at least 2 months before the election at which

 

24  the proposal is to be submitted. The board of state canvassers

 

25  shall make an official declaration of the sufficiency or

 

26  insufficiency of an initiative petition no later than 100 days

 

27  before the election at which the proposal is to be submitted. The

 

 1  board of state canvassers may not count toward the sufficiency of

 

 2  a petition described in this section any valid signature of a

 

 3  registered elector from a congressional district submitted on

 

 4  that petition that is above the 15% limit described in section

 

 5  471. If the board of state canvassers declares that the petition

 

 6  is sufficient, the secretary of state shall send copies of the

 

 7  statement of purpose of the proposal as approved by the board of

 

 8  state canvassers to the several daily and weekly newspapers

 

 9  published in this state, with the request that the newspapers

 

10  give as wide publicity as possible to the proposed amendment or

 

11  other question. Publication of any matter by any newspaper under

 

12  this section shall must be without expense or cost to the this

 

13  state. of Michigan.

 

14        (2) For the purposes of the second paragraph of section 9 of

 

15  article II of the state constitution of 1963, a law that is the

 

16  subject of the referendum continues to be effective until the

 

17  referendum is properly invoked, which occurs when the board of

 

18  state canvassers makes its official declaration of the

 

19  sufficiency of the referendum petition. The board of state

 

20  canvassers shall complete the canvass of a referendum petition

 

21  within 60 days after the petition is filed with the secretary of

 

22  state, except that 1 15-day extension may be granted by the

 

23  secretary of state if necessary to complete the canvass.

 

24        Sec. 479. (1) Any Notwithstanding any other law to the

 

25  contrary and subject to subsection (2), any person or persons,

 

26  feeling themselves who feels aggrieved by any determination made

 

27  by said the board , of state canvassers may have such the

 

 1  determination reviewed by mandamus , certiorari, or other

 

 2  appropriate remedy in the supreme court.

 

 3        (2) If a person feels aggrieved by any determination made by

 

 4  the board of state canvassers regarding the sufficiency or

 

 5  insufficiency of an initiative petition, the person must file a

 

 6  legal challenge to the board's determination in the supreme court

 

 7  within 7 business days after the date of the official declaration

 

 8  of the sufficiency or insufficiency of the initiative petition or

 

 9  not later than 60 days before the election at which the proposal

 

10  is to be submitted, whichever occurs first. Any legal challenge

 

11  to the official declaration of the sufficiency or insufficiency

 

12  of an initiative petition has the highest priority and shall be

 

13  advanced on the supreme court docket so as to provide for the

 

14  earliest possible disposition.

 

15        Sec. 482. (1) Each petition under this section shall must be

 

16  8-1/2 inches by 14 inches in size.

 

17        (2) If the measure to be submitted proposes a constitutional

 

18  amendment, initiation of legislation, or referendum of

 

19  legislation, the heading of each part of the petition shall must

 

20  be prepared in the following form and printed in capital letters

 

21  in 14-point boldfaced type:

 

 

22

                       INITIATIVE PETITION

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                  AMENDMENT TO THE CONSTITUTION

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                               OR

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                    INITIATION OF LEGISLATION

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                               OR

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                    REFERENDUM OF LEGISLATION

1

                 PROPOSED BY INITIATIVE PETITION

 

 

 2        (3) A summary in not more than 100 words of the purpose of

 

 3  the proposed amendment or question proposed must follow and be

 

 4  printed in 12-point type. The full text of the amendment so

 

 5  proposed shall must follow the summary and be printed in 8-point

 

 6  type. If the proposal would alter or abrogate an existing

 

 7  provision of the constitution, the petition shall must so state

 

 8  and the provisions to be altered or abrogated shall must be

 

 9  inserted, preceded by the words:

 

10        "Provisions of existing constitution altered or abrogated by

 

11  the proposal if adopted."

 

12        (4) The following statement shall must appear beneath the

 

13  petition heading:

 

 

14

     "We, the undersigned qualified and registered electors,

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residents in the

16

city

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township (strike 1) of .......... in the county of ..........,

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____________________________ congressional district in the

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state of Michigan, respectively petition for (amendment to

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constitution) (initiation of legislation) (referendum of

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legislation) (other appropriate description).".

 

 

22        (5) The following warning shall must be printed in 12-point

 

23  type immediately above the place for signatures, on each part of

 

24  the petition:

 

 

25

                              WARNING

 

 

 1        A person who knowingly signs this petition more than once,

 

 2  signs a name other than his or her own, signs when not a

 

 3  qualified and registered elector, or sets opposite his or her

 

 4  signature on a petition, a date other than the actual date the

 

 5  signature was affixed, is violating the provisions of the

 

 6  Michigan election law.

 

 7        (6) The Subject to subsections (7) and (8), the remainder of

 

 8  the petition form shall must be as provided following the warning

 

 9  to electors signing the petition in section 544c(1). In addition,

 

10  the petition shall must comply with the requirements of section

 

11  544c(2).

 

12        (7) Each petition under this section must provide at the top

 

13  of the page check boxes and statements printed in 12-point type

 

14  to clearly indicate whether the circulator of the petition is a

 

15  paid signature gatherer or a volunteer signature gatherer.

 

16        (8) Each petition under this section must clearly indicate

 

17  below the statement required under subsection (7) and be printed

 

18  in 12-point type that if the petition circulator does not comply

 

19  with all of the requirements of this act for petition

 

20  circulators, any signature obtained by that petition circulator

 

21  on that petition is invalid and will not be counted.

 

22        Sec. 482a. (1) If an individual who circulates a petition

 

23  under section 482 is a paid signature gatherer, then that

 

24  individual must, before circulating any petition, file a signed

 

25  affidavit with the secretary of state that indicates he or she is

 

26  a paid signature gatherer.

 

 1        (2) Any signature obtained on a petition under section 482

 

 2  by an individual who has not filed the required affidavit under

 

 3  subsection (1) is invalid and must not be counted.

 

 4        (3) If the circulator of a petition under section 482

 

 5  provides or uses a false address or provides any fraudulent

 

 6  information on the certificate of circulator, any signature

 

 7  obtained by that circulator on that petition is invalid and must

 

 8  not be counted.

 

 9        (4) If a petition under section 482 is circulated and the

 

10  petition does not meet all of the requirements under section 482,

 

11  any signature obtained on that petition is invalid and must not

 

12  be counted.

 

13        (5) Any signature obtained on a petition under section 482

 

14  that was not signed in the circulator's presence is invalid and

 

15  must not be counted.

 

16        Sec. 482b. (1) A person who circulates a petition under

 

17  section 482 may, before circulating any petition, submit the

 

18  summary of the purpose of the proposed amendment or question

 

19  proposed that is required under section 482(3) to the board of

 

20  state canvassers for approval as to the content of the summary.

 

21  The board of state canvassers must issue an approval or rejection

 

22  of the content of the summary not more than 30 days after the

 

23  summary is submitted. The board of state canvassers may not

 

24  consider a challenge to the sufficiency of a submitted petition

 

25  on the basis of the summary being misleading or deceptive if that

 

26  summary was approved before circulation of the petition.

 

27        (2) If a person submits the summary of the purpose of the

 

 1  proposed amendment or question proposed as provided in subsection

 

 2  (1), all of the following apply:

 

 3        (a) The summary of the purpose of the proposed amendment or

 

 4  question proposed must be prepared by the director of elections,

 

 5  with the approval of the board of state canvassers.

 

 6        (b) The summary is limited to not more than 100 words and

 

 7  must consist of a true and impartial statement of the purpose of

 

 8  the proposed amendment or question proposed in language that does

 

 9  not create prejudice for or against the proposed amendment or

 

10  question proposed.

 

11        (c) The summary must be worded so as to apprise the petition

 

12  signers of the subject matter of the proposed amendment or

 

13  question proposed, but does not need to be legally precise.

 

14        (d) The summary must be clearly written using words that

 

15  have a common everyday meaning to the general public.

 

16        (3) If the board of state canvassers approves the summary of

 

17  the purpose of the proposed amendment or question proposed, the

 

18  person who circulates the petition under section 482 shall print

 

19  the full text of the approved summary in 12-point type in the

 

20  place required by section 482(3).

 

21        Sec. 482c. The circulator of a petition under section 482

 

22  who knowingly makes a false statement concerning his or her

 

23  status as a paid signature gatherer or volunteer signature

 

24  gatherer is guilty of a misdemeanor.

 

25        Sec. 482d. As used in this chapter, "paid signature

 

26  gatherer" means an individual who is compensated, directly or

 

27  indirectly, through payments of money or other valuable

 

 1  consideration to obtain signatures on a petition as described in

 

 2  section 471.

 

 3        Sec. 544d. Nominating petitions for the offices under this

 

 4  act and petitions for a constitutional amendment, initiation of

 

 5  legislation, or referendum of legislation or a local proposal may

 

 6  be circulated on a countywide form. Petitions circulated

 

 7  countywide shall must be on a form prescribed by the secretary of

 

 8  state, which form shall must be substantially as provided in

 

 9  sections 482, 544a, or 544c, whichever is applicable. The

 

10  secretary of state may provide for a petition form larger than 8-

 

11  1/2 inches by 13 inches and shall provide for identification of

 

12  the city or township in which the person signing the petition is

 

13  registered. The certificate of the circulator may be on the

 

14  reverse side of the petition. This section does not prohibit the

 

15  circulation of petitions on another form prescribed by this act.