Substitute For

HOUSE BILL NO. 5573

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 472a, 473, 476, 477, 479, 590f, and 590h (MCL 168.472a, 168.473, 168.476, 168.477, 168.479, 168.590f, and 168.590h), section 472a as amended by 2016 PA 142, section 476 as amended by 2005 PA 71, sections 477 and 479 as amended by 2018 PA 608, section 590f as amended by 2002 PA 163, and section 590h as amended by 2018 PA 650.

the people of the state of michigan enact:


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Sec. 472a. The A signature on a petition that proposes an amendment to the constitution or is to initiate legislation shall a constitutional amendment or an initiated law is invalid and may not be counted if the signature was made more than 180 days before the


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petition is filed with the office of the secretary of state.

Sec. 473. Referendum petitions shall must be presented to and filed with the secretary of state within 90 days after the final adjournment of the legislature.legislative session at which the law subject to referendum was enacted.

Sec. 476. (1) Upon receiving notification of the filing of the petitions with signatures under section 471 or 473, the board of state canvassers shall canvass the petitions to ascertain determine if the petitions have been signed by the requisite number of qualified and registered electors under section 9 of article II or section 2 of article XII of the state constitution of 1963, as applicable, and if the petitions substantially comply with the requirements under section 482. The bureau of elections staff shall begin reviewing the submitted petition signatures in the order the petitions were received from the petitioners. The bureau of elections shall, upon request, make copies of the filed petitions available to petitioners and challengers. The bureau of elections may charge a reasonable fee to produce or transmit the copies of the filed petitions. In addition, the bureau of elections shall, upon request, make the original petition sheets available for review by petitioners and challengers. The bureau of elections may charge a reasonable fee to ensure the security of the original petition sheets by required staff during the review of the original petition sheets.

(2) 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.

(3) The board of state canvassers shall post on its website


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the board's approved process and procedures for canvassing a petition submitted under this section that includes each specific step of the canvassing process. When canvassing a petition submitted under this chapter, the board of state canvassers shall notify the public on its website when completing each step during the canvassing process for that petition, and shall notify the public on its website concerning the completion percentage of the canvass of randomly sampled signatures for that petition. The qualified voter file shall must be used to determine the validity of a petition signatures signature by verifying the registration of signers the signer and the genuineness of signatures a signature on petitions a petition when the qualified voter file contains digitized signatures. If a signature comparison done using the standards under section 766a(2) indicates that the signature is not genuine, 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 this state, 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 check those 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


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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.

(4) The board of state canvassers shall adopt and publish standards necessary to rebut a finding that a signature is not genuine or is not the signature of a registered elector. The board of state canvassers shall not issue a determination on the sufficiency of a petition without considering the documents received concerning the staff determination.

(5) (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. determine the sufficiency of the petition. 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, information necessary to determine the sufficiency of the petition, but shall must complete the canvass at least 2 months 60 days before the election at which the proposal is to be submitted.

(6) (3) At least 2 business 5 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 subsection (1), under this section, the board of state canvassers shall must make that document available to petitioners and challengers on a daily basis.


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(7) If the board of state canvassers or the bureau of elections determines that any signature affixed to a petition is fraudulent, the board of state canvassers or the bureau of elections must refer that signature to the department of attorney general.

Sec. 477. (1) Except as otherwise provided in this subsection, section, the board of state canvassers shall must make an official declaration determination of the sufficiency or insufficiency of a petition under this chapter at least 2 months 60 days before the election at which the proposal is to be submitted.would appear on the ballot. The board of state canvassers shall determine that a petition is sufficient if the petition meets both of the following requirements:

(a) The petition substantially complies with the requirements applicable to the form of the petition under section 482.

(b) The petition sheets submitted include the valid signatures of a sufficient number of registered electors under section 9 of article II or section 2 of article XII of the state constitution of 1963, as applicable.

(2) The board of state canvassers shall must make an official declaration determination of the sufficiency or insufficiency of an initiative a petition to initiate a law under subsection (1) 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 under subsection (1), the secretary of state


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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.

(3) (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. 479. (1) Notwithstanding any other law to the contrary, and subject to subsection (2), any a person who feels or persons submitting a petition, a ballot question committee, or a person submitting documents regarding petition signature validity aggrieved by any a determination made or the failure to perform a duty by the board of state canvassers may have the determination reviewed by mandamus or other appropriate remedy in the supreme court.seek judicial relief in the court of appeals within 7 days after the action or inaction by the board of state canvassers. The supreme court may expedite or consider a matter under this section as provided in the Michigan court rules. It is the intent of the legislature that a matter under this section should be of the


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highest priority and be resolved expeditiously to facilitate the timely administration of elections.

(2) If a person feels aggrieved by any determination made by the board of state canvassers regarding the sufficiency or insufficiency of an initiative petition, the person must file a legal challenge to the board's determination in the supreme court within 7 business days after the date of the official declaration of the sufficiency or insufficiency of the initiative petition or not later than 60 days before the election at which the proposal is to be submitted, whichever occurs first. Any legal challenge to the official declaration of the sufficiency or insufficiency of an initiative petition has the highest priority and shall be advanced on the supreme court docket so as to provide for the earliest possible disposition.

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


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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.

Sec. 590h. (1) A qualifying petition for a candidate without political party affiliation must be the same size and printed in the same type sizes as required in section 544c. The petition must be in the following form:

QUALIFYING PETITION

(CANDIDATE WITHOUT PARTY AFFILIATION)

We, the undersigned, registered and qualified voters of the

city or township of ............ , in the county of ..........

(strike 1)

and state of Michigan, nominate,

.............................,

(Name of Candidate)

.................................

............................,

(Street Address or R.R.)

(City or Township)

as a candidate without party affiliation for the office of

........................................................... in

(Title of Office and District)

order that the name of the candidate be placed without party

affiliation on the ballot for the election to be held on

the .............. day of ............ , 20.... .

WARNING

Whoever knowingly signs more petitions for the same office than there are persons individuals to be elected to the office or


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signs a name other than his or her the individual's own is violating the Michigan election law.

(2) The balance of the qualifying petition form must be substantially as set forth in section 544c. A qualifying petition for a candidate without party affiliation must not contain a reference to a political party.

(3) An individual shall not knowingly sign more petitions for the same office than there are persons individuals to be elected to the office. An individual who violates this subsection is guilty of a misdemeanor.

(4) An individual shall not do any of the following:

(a) Sign a qualifying petition with a name other than his or her the individual's own.

(b) Make a false statement in a certificate on a qualifying petition.

(c) If not a circulator, sign a qualifying petition as a circulator.

(d) Sign a name as circulator other than his or her the individual's own.

(5) Except as otherwise provided in subsection (6), an individual who violates subsection (4) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.

(6) An individual shall not sign a qualifying petition with multiple names. An individual who violates this subsection is guilty of a felony.

(7) If an individual signs a qualifying petition in violation of this section, any signature by that individual on the petition is invalid and must not be counted.


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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) House Bill No. 5571.

(b) House Bill No. 5572.

(c) House Bill No. 5575.

(d) House Bill No. 5576.