Bill Text: MI HB5573 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: petitions; statistical random sampling of ballot initiative petitions, constitutional amendment petitions, and qualifying petitions; provide for, allow for the disqualification of obviously fraudulent petition signatures, and modify petition signature requirements. Amends secs. 476, 477 & 590f of 1954 PA 116 (MCL 168.476 et seq.). TIE BAR WITH: HB 5575'24, HB 5571'24, HB 5572'24, HB 5576'24
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Introduced) 2024-03-14 - Bill Electronically Reproduced 03/13/2024 [HB5573 Detail]
Download: Michigan-2023-HB5573-Introduced.html
HOUSE BILL NO. 5573
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 476, 477, and 590f (MCL 168.476, 168.477, and 168.590f), section 476 as amended by 2005 PA 71, section 477 as amended by 2018 PA 608, and section 590f as amended by 2002 PA 163.
the people of the state of michigan enact:
Sec. 476. (1) Upon receiving notification of the filing of the petitions, the board of state canvassers shall must canvass the petitions to ascertain if the petitions have been signed by the requisite number of qualified and registered electors and if the petitions substantially comply with the requirements under section 482. The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on petitions filed under this chapter. The qualified voter file shall must be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. If the qualified voter file indicates that, on the date the elector signed the petition, the elector was not registered to vote, there is a rebuttable presumption that the signature is invalid. If the qualified voter file indicates that, on the date the elector signed the petition, the elector was not registered to vote in the city or township designated on the petition, there is a rebuttable presumption that the signature is invalid. If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations. Upon request, the clerk of any political subdivision shall must cooperate fully with the board in determining the validity of doubtful signatures by rechecking the signature against registration records in an expeditious and proper manner.
(2) The board of state canvassers may hold hearings upon on any complaints filed or for any purpose considered necessary by the board to conduct investigations of the petitions. To conduct a hearing, the board may issue subpoenas and administer oaths. The board may also adjourn from time to time awaiting receipt of returns from investigations that are being made or for other necessary purposes, but shall must complete the canvass at least 2 months before the election at which the proposal is to be submitted.
(3) At least 2 business days before the board of state canvassers meets to make a final determination on challenges to and sufficiency of a petition, the bureau of elections shall must make public its the bureau of elections' staff report concerning disposition of challenges filed against the petition. Beginning with the receipt of any document from local election officials pursuant to under subsection (1), the board of state canvassers shall must make that document available to petitioners and challengers on a daily basis.
(4) If the board of state canvassers determines that any signature affixed to a petition is obviously fraudulent, the board of state canvassers must refer that signature to the department of attorney general for further investigation.
Sec. 477. (1) Except as otherwise provided in this subsection, the board of state canvassers shall must make an official declaration of the sufficiency or insufficiency of a petition under this chapter at least 2 months before the election at which the proposal is to be submitted. The board of state canvassers shall must make an official declaration of the sufficiency or insufficiency of an initiative petition no later than 100 days before the election at which the proposal is to be submitted. The board of state canvassers may not count toward the sufficiency of a petition described in this section any valid signature of a registered elector from a congressional district submitted on that petition that is above the 15% limit described in section 471. If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of must post the statement of purpose of the proposal as approved by the board of state canvassers to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section must be without expense or cost to this state.on the department of state's website.
(2) For the purposes of the second paragraph of section 9 of article II of the state constitution of 1963, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its the board's official declaration of the sufficiency of the referendum petition. The board of state canvassers shall must complete the canvass of a referendum petition within 60 days after the petition is filed with the secretary of state, except that 1 15-day extension may be granted by the secretary of state if necessary to complete the canvass.
Sec. 590f. (1) Except as provided in subsections (2) and (3), sections 544c, 545, 552, 553, 555, 556, and 558 are applicable to a qualifying petition, a person an individual filing a qualifying petition, and an officer receiving a qualifying petition.
(2) The board of state canvassers shall must canvass a qualifying petition filed with the secretary of state and shall make an official declaration of the sufficiency or insufficiency of the qualifying petition at least 60 days before the election. A hearing under this subsection by the board of state canvassers shall must be held as provided in section 552.
(3) A filing officer who receives a qualifying petition from a candidate who has met meets the requirements of this act shall must certify to the proper board or boards of election commissioners the candidate's name, post office address, and office sought. If the election for the office is held at the general election, the filing officer shall must make the certification not later than 60 days before the general election.
(4) The board of state canvassers may use a statistical random sampling methodology, as approved by the board of state canvassers, to determine the validity and sufficiency of signatures and petition form requirements on qualifying petitions filed under this section.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No.____ or House Bill No. 5575 (request no. 05032'23).
(b) Senate Bill No.____ or House Bill No. 5571 (request no. 05699'24).
(c) Senate Bill No.____ or House Bill No. 5572 (request no. 05700'24).
(d) Senate Bill No.____ or House Bill No. 5576 (request no. 05701'24).
