FALSE ELECTION INFORMATION; CIVIL FINE        S.B. 533:

        SUMMARY OF INTRODUCED BILL

        IN COMMITTEE

 

 

 

 

 

 

Senate Bill 533 (as introduced 9-9-25)

Sponsor: Senator Mary Cavanagh

Committee: Elections and Ethics

 

Date Completed: 9-9-25

 

 

CONTENT

 

The bill would amend the Michigan Election Law to prescribe the following civil fines:

 

--       For an individual who knowingly made a false statement or misrepresentation about an election with the intent to impede or prevent another individual from voting, a fine of up to $1,000.

--       For an employer who employed, for election-related purposes, an individual who violated the above prohibition, a fine of up to $10,000, unless the entity demonstrated no prior knowledge that the individual planned to make a false statement or misrepresentation.

 

The bill would subject an individual who intentionally and knowingly made a false statement or misrepresentation to another individual concerning any of the following to a civil fine of up to $1,000 for each violation:

 

--       The time, place, or manner of an election.

--       The qualifications for or restrictions on voter eligibility.

--       Criminal penalties associated with voting in an election.

--       An individual's voter registration status or eligibility.

 

An individual would be considered to have intentionally and knowingly made a false statement or misrepresentation if that individual 1) knew the statement or misrepresentation was false and 2) made the false statement or misrepresentation with the intent to impede or prevent another individual from exercising the individual's right to vote in an election. 

 

An entity that employed, for an election-related purpose, an individual who violated these provisions would be subject to a civil fine of up to $10,000, unless that entity demonstrated that the entity did not have any prior knowledge that the individual planned to make a false statement or misrepresentation. If such an entity were a local government, the bill specifies there would be a reputable presumption that the local government did not have any prior knowledge that an individual planned to make a false statement or misrepresentation.

 

Proposed MCL 168.931c

 

PREVIOUS LEGISLATION

(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)

 

The bill is a reintroduction of Senate Bill 707 from the 2023-2024 Legislative Session. The bill passed the Senate and was referred to the House of Representatives, where it received no further action. The bill also is similar to House Bill 5948 from the 2021-2022 Legislative Session.

 

        Legislative Analyst: Abby Schneider

 

FISCAL IMPACT

 

The bill could have a positive fiscal impact on the State and local units of government. The bill would impose a civil fine of up to $10,000. Revenue collected from civil fines is used to support local libraries. Additionally, $10 of the civil fine would be deposited into the State Justice System Fund, which supports justice-related activities across State government in the Departments of Corrections, Health and Human Services, State Police, Treasury. The Fund also supports justice-related issues in the Legislative Retirement System and the Judiciary. The amount of revenue to the State or for local libraries is indeterminate and dependent on the actual number of violations.

 

        Fiscal Analyst: Joe Carrasco, Jr.

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