September 14, 2006, Introduced by Rep. Elsenheimer and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 471, 474, and 482 (MCL 168.471, 168.474, and
168.482), section 471 as amended by 1999 PA 219 and section 482 as
amended by 1998 PA 142, and by adding sections 471a, 471c, and
471e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
471. (1) Petitions Except as otherwise provided in
subsection (2), petitions under section 2 of article XII of the
state constitution of 1963 proposing an amendment to the state
constitution
of 1963 shall be filed with the secretary of state at
least
120 days before the election at which no later than October
31 of the year before the year the proposed amendment is to be
voted upon.
(2) If an electronic file of signatures is submitted with the
petitions proposing an amendment to the state constitution of 1963,
the petitions shall be filed with the secretary of state no later
than December 31 of the year before the year the proposed amendment
is to be voted upon.
(3) Initiative petitions under section 9 of article II of the
state constitution of 1963 shall be filed with the secretary of
state at least 160 days before the election at which the proposed
law is to be voted upon.
(4) Referendum petitions under section 9 of article II of the
state constitution of 1963 shall be filed with the secretary of
state not more than 90 days following the final adjournment of the
legislative session at which the law that is the subject of the
referendum was enacted.
Sec. 471a. (1) Before the supporters of a petition proposing
an amendment to the state constitution of 1963 circulate the
petition for signatures, the supporters of the petition shall file
the proposed petition language with the secretary of state.
(2) The secretary of state shall forward the proposed petition
language to all of the following:
(a) The board of state canvassers.
(b) The state budget director or state treasurer.
(c) The director of the senate fiscal agency or his or her
designee.
(d) The director of the house fiscal agency or his or her
designee.
(3) Within 45 days after a petition proposing an amendment to
the state constitution of 1963 is filed with the secretary of
state, the state budget director or state treasurer, the director
of the senate fiscal agency, and the director of the house fiscal
agency, or their respective designees, shall prepare both of the
following:
(a) A fiscal impact analysis of the proposed amendment.
(b) A fiscal impact statement for designation on the petition
in not more than 100 words, exclusive of the caption, which
includes a fiscal impact summary of the proposed amendment.
(4) The fiscal impact analysis and fiscal impact statement
prepared under subsection (3) shall be filed with the secretary of
state and the board of state canvassers.
(5) The board of state canvassers shall review and approve as
to form or disapprove the proposed petition language within 45 days
of receiving the fiscal impact analysis and fiscal impact statement
as provided in subsection (4).
(6) The supporters of a petition proposing an amendment to the
state constitution of 1963 shall not circulate the petition for
signatures until the petition language has been approved as to form
by the board of state canvassers.
Sec. 471c. (1) A person who circulates a petition proposing an
amendment to the state constitution of 1963 shall wear a badge that
identifies the person as either a paid or volunteer signature
gatherer.
(2) A person who receives compensation to circulate a petition
proposing an amendment to the state constitution of 1963 shall wear
a badge stating "PAID SIGNATURE GATHERER".
(3) A person who does not receive compensation to circulate a
petition proposing an amendment to the state constitution of 1963
shall wear a badge stating "VOLUNTEER SIGNATURE GATHERER".
(4) A ballot question committee shall not pay a person who
circulates a petition proposing an amendment to the state
constitution of 1963 if the amount of payment is determined on the
basis of the number of petition signatures collected. As used in
this subsection, "ballot question committee" means a committee that
files a statement of organization pursuant to section 24 of the
Michigan campaign finance act, 1976 PA 388, MCL 169.224, and that
proposes an amendment to the state constitution of 1963.
(5) A ballot question committee that violates subsection (4)
is subject to a civil fine of not more than $1,000.00 for each
violation.
Sec. 471e. (1) The treasurer of a ballot question committee
may withdraw a petition proposing an amendment to the state
constitution of 1963 by filing a written notice of withdrawal with
the secretary of state or his or her authorized agent not less than
65 days before the election at which the proposed amendment is to
be voted upon.
(2) As used in this section, "treasurer of a ballot question
committee" means the person named as treasurer on the committee's
statement of organization filed pursuant to section 24 of the
Michigan campaign finance act, 1976 PA 388, MCL 169.224.
Sec.
474. (1) Wherever the phrases As used in section 9 of
article II or section 2 of article XII of the state constitution of
1963, "the state officer authorized by law" or "the person
authorized
by law" , are used in section 9 of article 2 or section
2
of article 12 of the constitution of this state, such phrases
shall
mean and have reference to means
the board of state
canvassers. and
such board The board of
state canvassers shall
exercise
the duties prescribed in such those
constitutional
provisions. The
preparing of
(2) Except as otherwise provided in subsection (3), the state
director of elections shall prepare a statement of the purpose of
any such
proposed amendment or question to be designated on
the
ballots for submission to the electors in not more than 100 words,
exclusive
of the caption, which said statement shall consist of a
true and impartial statement of the purpose of the amendment or
question
in such language
as shall create that creates no
prejudice
for or against such the
proposal. shall be the duty of
the
director of elections with the approval of the board of state
canvassers.
(3) Within 45 days of the date the fiscal impact analysis and
fiscal impact statement are filed with the secretary of state and
the board of state canvassers pursuant to section 471a, the state
director of elections shall prepare, and the board of state
canvassers shall approve, a statement of the purpose of a proposed
amendment to the state constitution of 1963 to be designated on the
petition and ballot in not more than 100 words, exclusive of the
caption, which shall consist of a true and impartial statement of
the purpose of the proposed amendment in language that creates no
prejudice for or against the proposed amendment.
Sec. 482. (1) Each petition sheet under this section shall be
8-1/2 inches by 14 inches in size.
(2)
If the measure proposal to be submitted proposes is a
constitutional amendment, initiation of legislation, or referendum
of legislation, the heading of each part of the petition shall be
prepared in the following form and printed in capital letters in
14-point boldfaced type:
INITIATIVE PETITION
AMENDMENT TO THE CONSTITUTION
OR
INITIATION OF LEGISLATION
OR
REFERENDUM OF LEGISLATION
PROPOSED BY INITIATIVE PETITION
(3)
The full text of the amendment so proposed proposal
shall follow and be printed in 8-point type. In addition, the
fiscal impact statement prepared under section 471a and the
statement of the purpose of the amendment prepared under section
474 shall appear beneath the petition heading on each petition
proposing an amendment to the state constitution of 1963. If the
proposal would alter or abrogate an existing provision of the
constitution, the petition shall so state and the provisions to be
altered or abrogated shall be inserted, preceded by the words:
"Provisions of existing constitution altered or abrogated by
the proposal if adopted.".
(4) The following statement shall appear beneath the petition
heading:
"We, the undersigned qualified and registered electors,
residents in the
city
township (strike 1) of .......... in the county of ..........,
state of Michigan, respectively petition for (amendment to
constitution) (initiation of legislation) (referendum of
legislation) (other appropriate description).".
(5) The following warning shall be printed in 12-point type
immediately above the place for signatures, on each part of the
petition:
WARNING
A person who knowingly signs this petition more than once,
signs a name other than his or her own, signs when not a qualified
and registered elector, or sets opposite his or her signature on a
petition, a date other than the actual date the signature was
affixed, is violating the provisions of the Michigan election law.
(6) The remainder of the petition form shall be as provided
following the warning to electors signing the petition in section
544c(1). In addition, the petition shall comply with the
requirements of section 544c(2).