SB-1167, As Passed House, December 18, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1167

      A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 544c (MCL 168.544c), as amended by 2014 PA

94; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 544c. (1) A nominating petition shall be 8-1/2 inches

 2  by 14 inches in size. On a nominating petition, the words

 3  "nominating petition" shall be printed in 24-point boldface type.

 4  "We, the undersigned," et cetera shall be printed in 8-point

 5  type. "Warning" and language in the warning shall be printed in

 6  12-point boldface type. The balance of the petition shall be

 7  printed in 8-point type. The name, address, and party affiliation

 8  of the candidate and the office for which petitions are signed

 1  shall be printed in type not larger than 24-point. Subject to

 2  subsection (6), the The petition shall be in the following form:

3                         NOMINATING PETITION

4                              (PARTISAN)

5       We, the undersigned, registered and qualified voters

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

7           (strike 1)

8  of ................... and state of Michigan, nominate,

9  ..............................................................  ,

10                       (Name of Candidate)

11 ..............................................................  ,

12   (Street Address or Rural Route)        (City or  Township)

13 as a candidate of the ................... party for the

14 office of  .......................... ,

15 ..............................................................  ,

16                       (District, if any)

17 to be voted for at the primary election to be held on

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

19                            WARNING

20      A person who knowingly signs more petitions for the same

21 office than there are persons to be elected to the office, signs

22 a petition more than once, or signs a name other than his or

23 her own is violating the provisions of the Michigan election law.

24

25      Printed     Street Address

26      Name and         or                       Date of   Signing

27      Signature    Rural Route     Zip Code    Mo.     Day     Year

28

29 1.  ____________________________________________________________

30 2.  ____________________________________________________________

31 3.  ____________________________________________________________

32 4.  ____________________________________________________________

1  numbered lines as above

2                       CERTIFICATE OF CIRCULATOR

 3        The undersigned circulator of the above petition asserts

 4  that he or she is qualified to circulate this petition and 18

 5  years of age or older and a United States citizen; that each

 6  signature on the petition was signed in his or her presence; that

 7  he or she has neither caused nor permitted a person to sign the

 8  petition more than once and has no knowledge of a person signing

 9  the petition more than once; and that, to his or her best

10  knowledge and belief, each signature is the genuine signature of

11  the person purporting to sign the petition, the person signing

12  the petition was at the time of signing a qualified registered

13  elector of the city or township listed in the heading of the

14  petition, and the elector was qualified to sign the petition.

15        Circulator—Do not sign or date certificate until after

16  circulating petition.

17        ____ If the circulator is not a resident of Michigan, the

18  circulator shall make a cross or check mark on the line provided,

19  otherwise each signature on this petition sheet is invalid and

20  the signatures will not be counted by a filing official. By

21  making a cross or check mark on the line provided, the

22  undersigned circulator asserts that he or she is not a resident

23  of Michigan and agrees to accept the jurisdiction of this state

24  for the purpose of any legal proceeding or hearing that concerns

25  a petition sheet executed by the circulator and agrees that legal

26  process served on the secretary of state or a designated agent of

 1  the secretary of state has the same effect as if personally

 2  served on the circulator.

3  __________________________________________________

4  (Printed Name and Signature of Circulator)  (Date)

5  __________________________________________________

6  (City or Township Where Registered)

7  [or, for a petition under section 482, a qualifying

8  petition for an office named in section 590b(4), or

9  a petition to form a new political party under

10 section 685

11 "(City or Township Where Registered or Qualified to

12 be Registered, if a resident of this state)"]

13 __________________________________________________

14 (Complete Residence Address (Street and Number

15 or Rural Route)) [Do not enter a post office box]

16 __________________________________________________

17 (City or Township, State, Zip Code)

18

19 _________________________________________________

20 (County of Registration, if Registered to Vote, of

21 a Circulator who is not a Resident of Michigan)

22        Warning-A circulator knowingly making a false statement in

23  the above certificate, a person not a circulator who signs as a

24  circulator, or a person who signs a name other than his or her

25  own as circulator is guilty of a misdemeanor.

26        (2) The petition shall be in a form providing a space for

27  the circulator and each elector who signs the petition to print

28  his or her name. The secretary of state shall prescribe the

29  location of the space for the printed name. The failure of the

30  circulator or an elector who signs the petition to print his or

31  her name, to print his or her name in the location prescribed by

32  the secretary of state, or to enter a zip code or his or her

33  correct zip code does not affect the validity of the signature of

 1  the circulator or the elector who signs the petition. A printed

 2  name located in the space prescribed for printed names does not

 3  constitute the signature of the circulator or elector. If an

 4  elector does not include his or her signature, his or her street

 5  address or rural route, or the date of signing on the petition as

 6  required under subsection (1), the elector's signature is invalid

 7  and shall not be counted by a filing official.

 8        (3) At the time of circulation, the circulator of a petition

 9  shall be a registered elector of this state. At the time of

10  executing the certificate of circulator, the circulator shall be

11  registered in the city or township indicated in the certificate

12  of circulator on the petition. However, the circulator of a

13  petition under section 482, a qualifying petition for an office

14  named in section 590b(4), or a petition to form a new political

15  party under section 685 either shall be a registered elector of

16  this state or qualified to be a registered elector of this state

17  at the time of circulation and at the time of executing the

18  certificate of circulator, or, if not a resident of this state,

19  shall be at least 18 years of age, a United States citizen, and

20  shall sign an irrevocable written stipulation concerning legal

21  process as provided in subsection (4).

22  (3) (4) If the circulator of a petition under section 482, a

23  qualifying petition for an office named in section 590b(4), or a

24  petition to form a new political party under section 685 is not a

25  resident of this state, the circulator shall submit to the

26  sponsor of the petition a signed, irrevocable written stipulation

27  agreeing indicate where provided on the certificate of circulator

 1  that he or she agrees to accept the jurisdiction of this state

 2  for the purpose of any legal proceeding or hearing initiated

 3  under section 476, 552, 590f(2), or 685 that concerns a petition

 4  sheet executed by the circulator and agreeing agrees that legal

 5  process served on the secretary of state or a designated agent of

 6  the secretary of state has the same effect as if personally

 7  served on the circulator. The irrevocable written stipulation

 8  shall also include the circulator's residential address, mailing

 9  address, if different than his or her residential address,

10  telephone number, and electronic mail address. The irrevocable

11  written stipulation remains in effect for the pendency of any

12  proceeding concerning the petition sheet signed by the

13  circulator. The irrevocable written stipulation shall be

14  preserved by the sponsor of the petition for 1 year and shall be

15  made available to the secretary of state, a designated agent of

16  the secretary of state, or the board of state canvassers

17  immediately upon request.

18  (4) (5) If the secretary of state or a designated agent of

19  the secretary of state is served with legal process as described

20  in subsection (4), (3), the secretary of state shall promptly

21  notify the circulator by personal service or certified mail at

22  the circulator's residential address as indicated in the

23  certificate of circulator. or the irrevocable written

24  stipulation.

25        (6) Subject to subsection (7), the following language shall

26  be added to the certificate of circulator of a petition under

27  section 482, a qualifying petition for an office named in section

 1  590b(4), or a petition to form a new political party under

 2  section 685:

 3        If at the time of circulating the petition and executing the

 4  certificate of circulator the undersigned circulator is not

 5  qualified to be a registered elector of this state, he or she

 6  agrees that any legal process concerning a petition sheet

 7  executed by the circulator served on the secretary of state or a

 8  designated agent of the secretary of state has the same effect as

 9  if personally served on the circulator.

10        (7) A petition described in subsection (6) that is approved

11  as to form by the board of state canvassers before the effective

12  date of the 2014 amendatory act that added this subsection and

13  that is in circulation for the 2014 general election is not

14  required to contain the added language to the certificate of

15  circulator provided in subsection (6). However, the circulator of

16  a petition described in subsection (6) who is not a resident of

17  this state shall comply with the requirements under subsection

18  (4).

19  (5) (8) The circulator of a petition shall sign and date the

20  certificate of circulator before the petition is filed. A

21  circulator shall not obtain electors' signatures after the

22  circulator has signed and dated the certificate of circulator. A

23  filing official shall not count electors' signatures that were

24  obtained after the date the circulator signed the certificate or

25  that are contained in a petition that the circulator did not sign

26  and date.

27  (6) (9) Except as provided in section 544d, a petition sheet

 1  shall not be circulated in more than 1 city or township and each

 2  signer of a petition sheet shall be a registered elector of the

 3  city or township indicated in the heading of the petition sheet.

 4  The invalidity of 1 or more signatures on a petition does not

 5  affect the validity of the remainder of the signatures on the

 6  petition.

 7  (7) (10) An individual shall not sign more nominating

 8  petitions for the same office than there are persons to be

 9  elected to the office. An individual who violates this subsection

10  is guilty of a misdemeanor.

11  (8) (11) An individual shall not do any of the following:

12        (a) Sign a petition with a name other than his or her own.

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

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

15        (d) Sign a name as circulator other than his or her own.

16  (9) (12) An individual who violates subsection (11) (8) is

17  guilty of a misdemeanor punishable by a fine of not more than

18  $500.00 or imprisonment for not more than 93 days, or both.

19  (10) (13) If after a canvass and a hearing on a petition

20  under section 476 or 552 the board of state canvassers determines

21  that an individual has knowingly and intentionally failed to

22  comply with subsection (11), (8), the board of state canvassers

23  may impose 1 or more of the following sanctions:

24        (a) Disqualify obviously fraudulent signatures on a petition

25  form on which the violation of subsection (11) (8) occurred,

26  without checking the signatures against local registration

27  records.

 1        (b) Disqualify from the ballot a candidate who committed,

 2  aided or abetted, or knowingly allowed the violation of

 3  subsection (11) (8) on a petition to nominate that candidate.

 4  (11) (14) If an individual violates subsection (11) (8) and

 5  the affected petition sheet is filed, each of the following who

 6  knew of the violation of subsection (11) (8) before the filing of

 7  the affected petition sheet and who failed to report the

 8  violation to the secretary of state, the filing official, if

 9  different, the attorney general, a law enforcement officer, or

10  the county prosecuting attorney is guilty of a misdemeanor,

11  punishable by a fine of not more than $500.00 or imprisonment for

12  not more than 1 year, or both:

13        (a) The circulator of the petition, if different than the

14  individual who violated subsection (11).(8).

15        (b) If the petition is a nominating petition, the candidate

16  whose nomination is sought.

17        (c) If the petition is a petition for a ballot question or

18  recall, the organization or other person sponsoring the petition

19  drive.

20  (12) (15) If after a canvass and a hearing on a petition

21  under section 476 or 552 the board of state canvassers determines

22  that an individual has violated subsection (14), (11), the board

23  of state canvassers may impose 1 or more of the following

24  sanctions:

25        (a) Impose on the organization or other person sponsoring

26  the petition drive an administrative fine of not more than

27  $5,000.00.

 1        (b) Charge the organization or other person sponsoring the

 2  petition drive for the costs of canvassing a petition form on

 3  which a violation of subsection (11) (8) occurred.

 4        (c) Disqualify an organization or other person described in

 5  subdivision (a) from collecting signatures on a petition for a

 6  period of not more than 4 years.

 7        (d) Disqualify obviously fraudulent signatures on a petition

 8  form on which a violation of subsection (11) (8) occurred without

 9  checking the signatures against local registration records.

10        (e) Disqualify from the ballot a candidate who committed,

11  aided or abetted, or knowingly allowed a violation of subsection

12  (11) (8) on a petition to nominate that candidate.

13  (13) (16) If an individual refuses to comply with a subpoena

14  of the board of state canvassers in an investigation of an

15  alleged violation of subsection (11) (8) or (14), (11), the board

16  may hold the canvass of the petitions in abeyance until the

17  individual complies.

18  (14) (17) A person who aids or abets another in an act that

19  is prohibited by this section is guilty of that act.

20  (15) (18) The provisions of this section except as otherwise

21  expressly provided apply to all petitions circulated under

22  authority of the election law.

23        Enacting section 1. Section 208 of the Michigan election

24  law, 1954 PA 116, MCL 168.208, is repealed.