SENATE BILL No. 1350

 

 

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.