HB-6595, As Passed House, December 12, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 6595

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 471, 477, 479, and 482 (MCL 168.471, 168.477,

168.479, and 168.482), section 471 as amended by 1999 PA 219,

section 477 as amended by 2012 PA 276, and section 482 as amended

by 1998 PA 142, 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 amendment

5 is to be voted upon. Initiative petitions under section 9 of

6 article II of the state constitution of 1963 ~~shall~~ must be filed

7 with the secretary of state at least 160 days before the election

1 at which the proposed law is to be voted upon. Referendum petitions

2 under section 9 of article II of the state constitution of 1963

3 ~~shall~~ must be filed with the secretary of state not more than 90

4 days following the final adjournment of the legislative session at

5 which the law that is the subject of the referendum was enacted.

6 Not more than 15% of the petition signatures for a petition

7 described in this section may come from any 1 congressional

8 district. When filing a petition described in this section with the

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

10 petition signatures are categorized by congressional district. In

11 addition, when filing a petition described in this section with the

12 secretary of state, the person who files the petition must certify

13 to the secretary of state that the number of petition signatures

14 from each congressional district does not exceed the limit

15 described in this section. Any signature obtained on a petition

16 above the limit described in this section is invalid and must not

17 be counted.

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

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

20 declaration of the sufficiency or insufficiency of a petition under

21 this chapter at least 2 months before the election at which the

22 proposal is to be submitted. The board of state canvassers shall

23 make an official declaration of the sufficiency or insufficiency of

24 an initiative petition no later than 100 days before the election

25 at which the proposal is to be submitted. If the board of state

26 canvassers declares that the petition is sufficient, the secretary

27 of state shall send copies of the statement of purpose of the

1 proposal as approved by the board of state canvassers to the

2 several daily and weekly newspapers published in this state, with

3 the request that the newspapers give as wide publicity as possible

4 to the proposed amendment or other question. Publication of any

5 matter by any newspaper under this section ~~shall~~ must be without

6 expense or cost to ~~the~~ this state. ~~of Michigan.~~

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

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

9 subject of the referendum continues to be effective until the

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

11 state canvassers makes its official declaration of the sufficiency

12 of the referendum petition. The board of state canvassers shall

13 complete the canvass of a referendum petition within 60 days after

14 the petition is filed with the secretary of state, except that 1

15 15-day extension may be granted by the secretary of state if

16 necessary to complete the canvass.

17 Sec. 479. (1) ~~Any~~ Subject to subsection (2), any person or

18 ~~persons, feeling themselves~~ who feels aggrieved by any

19 determination made by ~~said~~ the board , of state canvassers may have

20 ~~such~~ the determination reviewed by mandamus, certiorari, or other

21 appropriate remedy in the supreme court.

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

23 the board of state canvassers regarding the sufficiency or

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

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

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

27 of the sufficiency or insufficiency of the initiative petition. Any

1 legal challenge to the official declaration of the sufficiency or

2 insufficiency of an initiative petition has the highest priority

3 and shall be advanced on the supreme court docket so as to provide

4 for the earliest possible disposition.

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

6 8-1/2 inches by 14 inches in size.

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

8 amendment, initiation of legislation, or referendum of legislation,

9 the heading of each part of the petition ~~shall~~ must be prepared in

10 the following form and printed in capital letters in 14-point

11 boldfaced type:

12	INITIATIVE PETITION
13	AMENDMENT TO THE CONSTITUTION
14	OR
15	INITIATION OF LEGISLATION
16	OR
17	REFERENDUM OF LEGISLATION
18	PROPOSED BY INITIATIVE PETITION

19 (3) The full text of the amendment so proposed ~~shall~~ must

20 follow and be printed in 8-point type. In addition, a summary in

21 not more than 100 words of the purpose of the proposed amendment or

22 question proposed must follow and be printed in 12-point type. If

23 the proposal would alter or abrogate an existing provision of the

24 constitution, the petition ~~shall~~ must so state and the provisions

25 to be altered or abrogated ~~shall~~ must be inserted, preceded by the

26 words:

27 "Provisions of existing constitution altered or abrogated by

1 the proposal if adopted."

2 (4) The following statement ~~shall~~ must appear beneath the

3 petition heading:

4	"We, the undersigned qualified and registered electors,
5	residents in the
6	city
7	township (strike 1) of .......... in the county of ..........,
8	state of Michigan, respectively petition for (amendment to
9	constitution) (initiation of legislation) (referendum of
10	legislation) (other appropriate description).".

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

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

13 the petition:

WARNING

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

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

17 and registered elector, or sets opposite his or her signature on a

18 petition, a date other than the actual date the signature was

19 affixed, is violating the provisions of the Michigan election law.

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

21 the petition form ~~shall~~ must be as provided following the warning

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

23 the petition ~~shall~~ must comply with the requirements of section

24 544c(2).

25 (7) Each petition under this section must clearly indicate at

26 the top of the page and be printed in 12-point type whether the

27 circulator of the petition is a paid signature gatherer or a

1 volunteer signature gatherer.

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

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

4 12-point type that if the petition circulator does not comply with

5 all of the requirements of this act for petition circulators, any

6 signature obtained by that petition circulator on that petition is

7 invalid and will not be counted.

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

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

10 individual must, before circulating any petitions, file a signed

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

12 paid signature gatherer.

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

14 an individual who has not filed the required affidavit under

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

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

17 or uses a false address or provides any fraudulent information on

18 the certificate of circulator, any signature obtained by that

19 circulator on that petition is invalid and must not be counted.

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

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

22 any signature obtained on that petition is invalid and must not be

23 counted.

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

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

26 must not be counted.

27 Sec. 482b. A person who circulates a petition under section

1 482 may, before circulating any petitions, submit the summary of

2 the purpose of the proposed amendment or question proposed that is

3 required under section 482(3) to the board of state canvassers for

4 approval as to the content of the summary.

5 Sec. 482c. The circulator of a petition under section 482 who

6 knowingly makes a false statement concerning his or her status as a

7 paid signature gatherer or volunteer signature gatherer is guilty

8 of a misdemeanor.

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

10 means an individual who is compensated through payments of money or

11 other valuable consideration to obtain signatures on a petition as

12 described in section 471.