January 22, 2009, Introduced by Rep. Hammel and referred to the Committee on Ethics and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 744 and 931 (MCL 168.744 and 168.931), section
744 as amended by 1995 PA 261 and section 931 as amended by 1996 PA
583.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
744. (1) An election inspector or any other person in the
a
polling room, or
in a compartment connected to the a polling
room, or
within 100 500 feet from any entrance to the building in
which
the a polling place is located shall not persuade or
endeavor
to persuade a person to vote for or against any particular
candidate
or party ticket , or for
or against any ballot question
that is being voted on at the election. A person shall not place or
distribute stickers, other than stickers provided by the election
officials
pursuant to law, in the a polling room, or in a
compartment
connected to the a polling room, or within 100 500 feet
from
any entrance to the building in which the a polling place is
located.
(2) A person shall not solicit donations, gifts,
contributions, purchase of tickets, or similar demands, or request
or
obtain signatures on petitions in the a polling room, or
in a
compartment
connected to the a polling room, or within 100 500 feet
from
any entrance to the building in which the a polling place is
located.
(3) On election day, a person shall not post, display, or
distribute in a polling place, in any hallway used by voters to
enter
or exit a polling place, or within 100 500 feet of an
entrance to a building in which a polling place is located any
material that directly or indirectly makes reference to an
election, a candidate, or a ballot question. This subsection does
not apply to official material that is required by law to be
posted, displayed, or distributed in a polling place on election
day.
(4) A person who violates this section is guilty of a
misdemeanor.
Sec. 931. (1) A person who violates 1 or more of the following
subdivisions is guilty of a misdemeanor:
(a) A person shall not, either directly or indirectly, give,
lend,
or promise valuable consideration
, to or for any person , as
an inducement to influence the manner of voting by a person
relative
to a candidate or ballot question
, or as a reward for
refraining from voting.
(b) A person shall not, either before, on, or after an
election, for the person's own benefit or on behalf of any other
person, receive, agree, or contract for valuable consideration for
1 or more of the following:
(i) Voting or agreeing to vote, or inducing or attempting to
induce another to vote, at an election.
(ii) Refraining or agreeing to refrain, or inducing or
attempting to induce another to refrain, from voting at an
election.
(iii) Doing anything prohibited by this act.
(iv) Both distributing absent voter ballot applications to
voters and receiving signed applications from voters for delivery
to the appropriate clerk or assistant of the clerk. This
subparagraph does not apply to an authorized election official.
(c) A person shall not solicit any valuable consideration from
a candidate for nomination for, or election to, an office described
in this act. This subdivision does not apply to requests for
contributions of money by or to an authorized representative of the
political party committee of the organization to which the
candidate belongs. This subdivision does not apply to a regular
business transaction between a candidate and any other person that
is not intended for, or connected with, the securing of votes or
the influencing of voters in connection with the nomination or
election.
(d) A person shall not, either directly or indirectly,
discharge or threaten to discharge an employee of the person for
the purpose of influencing the employee's vote at an election.
(e) A priest, pastor, curate, or other officer of a religious
society shall not, for the purpose of influencing a voter at an
election, impose or threaten to impose upon the voter a penalty of
excommunication,
dismissal, or expulsion , or
command or advise the
voter , under pain of religious disapproval.
(f) A person shall not hire a motor vehicle or other
conveyance or cause the same to be done, for conveying voters,
other than voters physically unable to walk, to an election.
(g) In a city, township, village, or school district that has
a board of election commissioners authorized to appoint election
inspectors, of
election, an election inspector, of election, a
clerk, or other election official who accepts an appointment as an
election
inspector of election shall not
fail to report at the
polling place designated on election morning at the time specified
by the board of election commissioners, unless excused as provided
in this subdivision. A person who violates this subdivision is
guilty
of a misdemeanor , punishable
by a fine of not more than
$10.00 or imprisonment for not more than 10 days, or both. An
election
inspector, of election, clerk,
or other election official
who
accepts an appointment as an election
inspector of election is
excused for failing to report at the polling place on election day
and is not subject to a fine or imprisonment under this subdivision
if 1 or more of the following requirements are met:
(i) The election
inspector, of election, clerk,
or other
election official notifies the board of election commissioners or
other officers in charge of elections of his or her inability to
serve at the time and place specified, 3 days or more before the
election.
(ii) The election
inspector, of election, clerk,
or other
election official is excused from duty by the board of election
commissioners or other officers in charge of elections for cause
shown.
(h) A person shall not willfully fail to perform a duty
imposed
upon that person by this act , or
disobey a lawful
instruction or order of the secretary of state as chief state
election officer or of a board of county election commissioners,
board of city election commissioners, or board of election
inspectors. of
election.
(i) A delegate or member of a convention shall not solicit a
candidate for nomination before the convention for money, reward,
position, place, preferment, or other valuable consideration in
return for support by the delegate or member in the convention. A
candidate or other person shall not promise or give to a delegate
money, reward, position, place, preferment, or other valuable
consideration in return for support by or vote of the delegate in
the convention.
(j) A person elected to the office of delegate to a convention
shall not accept or receive any money or other valuable
consideration for his or her vote as a delegate.
(k) A person shall not, while the polls are open on an
election
day, solicit votes in a polling place or within 100 500
feet from an entrance to the building in which a polling place is
located.
(l) A person shall not keep a room or building for the purpose,
in
whole or in part, of recording or registering bets or wagers ,
or of selling pools upon the result of a political nomination,
appointment, or election. A person shall not wager property, money,
or thing of value, or be the custodian of money, property, or thing
of
value , staked,
wagered, or pledged, upon the result of a
political nomination, appointment, or election.
(m) A person shall not participate in a meeting or a portion
of a meeting of more than 2 persons, other than the person's
immediate family, at which an absent voter ballot is voted.
(n) A person, other than an authorized election official,
shall not, either directly or indirectly, give, lend, or promise
any valuable consideration to or for a person to induce that person
to both distribute absent voter ballot applications to voters and
receive signed absent voter ballot applications from voters for
delivery to the appropriate clerk.
(2) A person who violates a provision of this act for which a
penalty
is not otherwise specifically provided in this act , is
guilty of a misdemeanor.
(3) A person or a person's agent who knowingly makes,
publishes, disseminates, circulates, or places before the public,
or knowingly causes directly or indirectly to be made, published,
disseminated, circulated, or placed before the public, in this
state, either orally or in writing, an assertion, representation,
or statement of fact concerning a candidate for public office at an
election in this state, that is false, deceptive, scurrilous, or
malicious, without the true name of the author being subscribed to
the assertion, representation, or statement if written, or
announced if unwritten, is guilty of a misdemeanor.
(4) As used in this section, "valuable consideration"
includes, but is not limited to, money, property, a gift, a prize
or chance for a prize, a fee, a loan, an office, a position, an
appointment, or employment.