Bill Text: MI SB1254 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Legislature; apportionment; certain duties of the secretary of state relating to the independent citizens redistricting commission; provide for. Creates new act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-12-05 - Referred To Committee On Elections And Ethics [SB1254 Detail]

Download: Michigan-2017-SB1254-Engrossed.html

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SB-1254, As Passed Senate, December 5, 2018       

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1254

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to provide for certain duties of the secretary of state

 

relating to the independent citizens redistricting commission; to

 

provide for certain rules and procedures governing the application

 

and selection process for commissioners; to prescribe standards for

 

establishing political party affiliation; to prohibit individuals

 

affiliated with a political party from providing services to the

 

commission; to provide civil sanctions; and to provide for the

 

powers and duties of certain state and local governmental officers

 

and entities.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Independent citizens redistricting commission" or

 

"commission" means the independent citizens redistricting

 

commission established under section 6 of article IV of the state

constitution of 1963.

 

     (b) "Michigan registered voter" means an individual who is

 

registered to vote in this state.

 

     Sec. 3. The secretary of state shall promulgate rules and

 

procedures, in accordance with the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.201 to 24.328, that provide for the form

 

and minimum required contents of an application for commissioner of

 

the independent citizens redistricting commission, including, but

 

not limited to, the method for attesting to political party

 

affiliation under oath.

 

     Sec. 5. For purposes of establishing affiliation with a

 

political party in the commissioner application and selection

 

process, all of the following apply:

 

     (a) An individual is affiliated with a political party if the

 

individual adheres to or acts to further the purposes or objectives

 

of that party or a federal, state, or local chapter or other

 

division of that party. An expression of sympathy with a political

 

party or its purposes or objectives alone is not sufficient to

 

establish affiliation with that political party.

 

     (b) An individual is conclusively presumed to be affiliated

 

with a political party if the individual is presently a member of

 

that party or a federal, state, or local chapter or other division

 

of that party. If an individual is applying as an independent, the

 

individual must state under oath that he or she is not presently a

 

member of any political party. If an individual is applying as an

 

affiliate of a political party, the individual must state under

 

oath that the individual affiliates with that political party and

is not presently a member of any other political party.

 

     (c) An individual is conclusively presumed to be affiliated

 

with a political party if, within the prior 6 years, the individual

 

offered to or did contribute, loan, or promise money or anything of

 

value to that political party or a federal, state, or local chapter

 

or other division of that political party.

 

     (d) An individual is conclusively presumed to be affiliated

 

with more than 1 political party if, within the prior 6 years, the

 

individual offered to or did contribute, loan, or promise money or

 

anything of value to more than 1 political party or a federal,

 

state, or local chapter or other division of more than 1 political

 

party.

 

     Sec. 7. In making applications for commissioner available to

 

the general public, the secretary of state shall make the

 

applications available online and circulate the applications

 

throughout the state, including at all secretary of state offices.

 

     Sec. 9. When mailing applications for commissioner to Michigan

 

registered voters selected at random, the recipients shall be

 

selected from a pool of Michigan registered voters that includes

 

all Michigan registered voters.

 

     Sec. 11. When the secretary of state is required to use a

 

random selection process in the implementation of its duties

 

related to the commission, it shall, in accordance with the

 

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

 

24.328, promulgate rules to establish the manner of random

 

selection to be used and procedures for implementing the random

 

selection process.

Senate Bill No. 1254 as amended December 5, 2018

 

     Sec. 13. An individual who is affiliated with a political

 

party is prohibited from providing services, including, but not

 

limited to, legal and accounting services, to the commission.<< This

section does not apply to an individual serving as a commissioner on the commission.>>

     Sec. 15. An individual who violates an oath or provides false

 

information on an application under this act is responsible for a

 

civil fine of $500.00.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.