June 29, 2006, Introduced by Senators CROPSEY and SIKKEMA and referred to the Committee on Judiciary.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 476 (MCL 168.476), as amended by 2005 PA 71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
476. (1) Upon receiving notification of the filing the
receipt of the petitions, the bureau of elections, on behalf of the
board of state canvassers, shall canvass the petitions to ascertain
if the petitions have been signed by the requisite number of
qualified and registered electors. The qualified voter file shall
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 of state canvassers or the bureau of
elections is unable to verify the genuineness of a signature on a
petition using the digitized signature contained in the qualified
voter file, the board or the bureau 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 cooperate fully with the board of state
canvassers or the bureau of elections 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 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 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 make
public its staff report concerning disposition of challenges filed
against the petition. Beginning with the receipt of any document
from local election officials pursuant to subsection (1), the board
of state canvassers shall make that document available to
petitioners and challengers on a daily basis.
(4) Based on the results of the canvass and the disposition of
any challenges filed against the petition, the director of
elections shall make a recommendation to the board of state
canvassers concerning the sufficiency or insufficiency of the
petition. The recommendation of the director of elections
concerning the sufficiency or insufficiency of the petition shall
be considered approved by the board of state canvassers unless the
recommendation of the director of elections is disapproved by a
majority vote of the members appointed to and serving on the board
of state canvassers.