Michigan Bill Amendment Explanation

Act No. 269

Public Acts of 2023

Effective Date: February 13, 2024

State of Michigan

102nd Legislature, Regular Session of 2023

Introduced by Senator Moss

ENROLLED SENATE BILL No. 529

Summary: This bill amends the existing election laws in Michigan, specifically modifying certain sections of the 1954 PA 116, also known as the "Election Laws Act." The amendments primarily focus on the appointment and reappointment process for members of the board of state canvassers. The board is responsible for overseeing elections and ensuring their fairness in the state.

Detailed Explanation:

Section 22a: This section outlines the process for appointing and reappointing members of the board of state canvassers. It states that in an odd-numbered year, the state central committee of each major political party and certain leaders in the Senate and House of Representatives must submit nominations for board positions to the governor. The governor then appoints individuals from these nominations to serve on the board.

Section 22b: This section specifies that the term of office for a board member appointed under Section 22a(2) is 4 years, beginning on February 1 following the appointment. The board member serves until a successor is appointed and qualified.

Section 46: This section pertains to the certification of electors for the President and Vice President of the United States. It states that after the official canvass of an election, the governor must issue a certificate that includes the names of the appointed electors and the number of votes received by each candidate. The certificate must bear the state seal and have security features to verify its authenticity.

Section 47: This section specifies the date and location for the convening of electors for the President and Vice President of the United States in Michigan. It also outlines the process for electors to resign and the consequences if they refuse or fail to vote as required.

Section 581: This section relates to primary elections. It requires the county clerk of each affected county to transmit certified statements of the number of votes received by each candidate for certain offices to the secretary of state within 14 days after the primary election. The secretary of state then calls a meeting of the board of state canvassers to canvass the primary election results and determine the nominees for the offices.

Section 795c: This section addresses the design of the ballot. It requires the ballot label to prominently indicate the different parts of the ballot, such as partisan and nonpartisan sections. It also allows for a straight party ticket vote option in partisan elections.

Section 814: This section states that a ballot cannot be rejected or not counted solely based on an election official's failure to comply with a directive unless the ballot is otherwise ineligible under the law.

Section 822: This section pertains to the canvassing of election returns by county canvassers. It establishes a timeline for the canvassing process and requires the board of county canvassers to certify the results within 14 days after the election. If they fail to do so, the board of state canvassers takes over and completes the canvass.

Section 842: This section specifies the timeline and process for the board of state canvassers to canvass returns and determine the results of an election. It also outlines procedures for an expedited canvass for electors of the President and Vice President if the vote differential is below a certain threshold.

Section 846: This section addresses tie votes in elections. It states that if two or more individuals have an equal and the highest number of votes for any office, the tie must be resolved and the winner certified according to Section 852.

Section 882: This section pertains to recount petitions. It outlines the notice requirements for a recount petition and provides the opportunity for opposing candidates to file objections. The board of state canvassers must rule on these objections within a specified timeframe.

State Agencies (existing): Executive Office