SB-0952, As Passed Senate, January 27, 2010

SUBSTITUTE FOR

SENATE BILL NO. 952

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 482. (1) Each petition under this section shall be 8-

2 1/2 inches by 14 inches in size. The petition format shall be

3 arranged horizontally on the sheet.

4 (2) If the measure to be submitted proposes a constitutional

5 amendment, initiation of legislation, or referendum of

6 legislation, the heading of each part of the petition shall be

7 prepared in the following form and printed in capital letters in

8 14-point boldfaced type:

9	INITIATIVE PETITION

1	AMENDMENT TO THE CONSTITUTION
2	OR
3	INITIATION OF LEGISLATION
4	OR
5	REFERENDUM OF LEGISLATION
6	PROPOSED BY INITIATIVE PETITION

7 (3) The full text of the ~~amendment so~~ proposed amendment to

8 the constitution, proposed law, or law that is the subject of the

9 referendum shall ~~follow and~~ be printed on the petition in 8-point

10 type ~~. If the proposal would alter or abrogate an existing~~

11 ~~provision of the constitution, the petition shall so state and~~

12 ~~the provisions to be altered or abrogated shall be inserted,~~

13 ~~preceded by the words:~~ as follows:

14 ~~"Provisions of existing constitution altered or abrogated by~~

15 ~~the proposal if adopted."~~

16 (a) If the petition involves a proposed amendment to the

17 constitution, proposed law, or referendum that includes

18 alterations to existing provisions of law, the alterations shall

19 be presented by showing any language that would be added to the

20 provision in capital letters and any language that would be

21 deleted from the provision struck out with a line.

22 (b) The full text of the proposed amendment to the

23 constitution, proposed law, or referred law shall appear on the

24 signature side of the petition sheet after an introduction

25 specifying the provisions of the constitution or the title and

26 provisions of law that the proposal is designed to alter,

27 abrogate, or create.

1 (c) If the proposed amendment to the constitution, proposed

2 law, or referred law is too lengthy to print in the available

3 space on the signature side of the petition sheet, a statement

4 describing the subject matter of the proposal shall appear on the

5 signature side of the petition sheet after an introduction

6 specifying the provisions of the constitution or the title and

7 provisions of law that the proposal is designed to alter,

8 abrogate, or create. The statement describing the subject matter

9 of the proposal shall be limited to words and phrases that

10 objectively delineate the purpose of the proposal and shall not

11 include words or phrases designed to promote the passage of the

12 proposal. A reference shall be made to the reverse side of the

13 petition sheet for the full text of the proposed constitutional

14 amendment, proposed law, or referred law. The full text of the

15 proposed constitutional amendment, proposed law, or referred law

16 shall appear on the reverse side of the petition sheet after an

17 introduction specifying the provisions of the constitution or the

18 title and provisions of law that the proposal is designed to

19 alter, abrogate, or create.

20 (d) If the full text of the proposed amendment to the

21 constitution, proposed law, or referred law is too lengthy to be

22 printed on the reverse side of the petition sheet, the language

23 of the proposed constitutional amendment, proposed law, or

24 referred law shall be continued on a fold-over extension to the

25 petition sheet. The fold-over extension shall not be removed

26 prior to the filing of the petition.

27 (e) The following statement shall appear in 8-point type on

1 the signature side of the petition sheet after the information

2 required under subdivisions (b) and (c):

3 "This proposal is to be voted on at the November [date of

4 election] general election.".

5 (4) The following statement shall appear beneath the

6 petition heading in 8-point type:

7	"We, the undersigned qualified and registered electors,
8	residents in the
9	city
10	township (strike 1) of .......... in the county of ..........,
11	state of Michigan, respectively petition for (amendment to
12	constitution) (initiation of legislation) (referendum of
13	legislation) (other appropriate description).".

14 (5) The following warning shall be printed in 12-point

15 boldfaced type immediately above the place for signatures: ~~, on~~

16 ~~each part of the petition:~~

WARNING

18 A person who knowingly signs this petition more than once,

19 signs a name other than his or her own, signs when not a

20 qualified and registered elector, or sets opposite his or her

21 signature on a petition, a date other than the actual date the

22 signature was affixed, is violating the provisions of the

23 Michigan election law.

24 (6) The following notice shall be printed in 12-point

25 boldfaced type immediately above the place for signatures:

NOTICE

2 Read the proposal carefully before signing the petition. The

3 proposal and any statement describing the subject matter of the

4 proposal that appear on the petition were written by the sponsor

5 of the proposal. If a statement describing the subject matter of

6 the proposal appears on the petition, it may not fully explain

7 the effect the proposal would have if adopted.

8 (7) Except as otherwise provided in subsection (8), the

9 following with 15 numbered lines shall be printed in 8-point type

10 immediately below the notice provided in subsection (6):

11
12	Printed Street Address
13	Name and or Date of Signing
14	Signature Rural Route Zip Code Mo. Day Year
15
16	1. ____________________________________________________________
17	2. ____________________________________________________________
18	3. ____________________________________________________________
19	4. ____________________________________________________________
20	numbered lines as above

21 (8) The number of lines appearing on a petition sheet under

22 subsection (7) for signers to enter their cursive signature,

23 printed name, street address or rural route, zip code, and date

24 of signing may be reduced to not less than 7 lines.

25 (9) The following certificate shall be printed in 8-point

26 type in the lower left-hand corner of the signature side of the

27 petition sheet:

1	CERTIFICATE OF CIRCULATOR

2 I, the circulator of this petition, assert that I was

3 qualified to be an elector in the state of Michigan when I began

4 circulating this petition; that each signature on the petition

5 was signed in my presence; that, to the best of my knowledge and

6 belief, each signature is the genuine signature of the person

7 purporting to sign the petition; and that each person signing the

8 petition was at the time of signing a qualified and registered

9 elector of the city or township indicated on the petition.

10 (10) The following warning shall be printed in 12-point

11 boldfaced type in the lower left-hand corner of the petition

12 sheet immediately beneath the certificate of the circulator:

WARNING

14 A circulator who knowingly makes a false statement in the

15 above certificate, a person not a circulator who signs as a

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

17 own as a circulator is guilty of a misdemeanor.

18 (11) The following information shall be printed in 8-point

19 type in the lower right-hand corner of the petition sheet for the

20 petition circulator to enter his or her signature, street number

21 or rural route, city or township where qualified to be

22 registered, zip code, and date of signing:

23	________________________________________ ____/____/______
24	(Signature of Circulator) (Date)

1	_____________________________________________________________
2	(City or Township Where Qualified to be a Michigan Elector)
3	____________________________________________ ____________
4	Complete Residence Address (Zip Code)
5	(Street and Number or Rural Route)

6 (12) The following shall be printed in 12-point boldfaced

7 type and appear above the information described in subsection

8 (11):

9 "Circulator – Do not sign or date the certificate until

10 after circulating the petition.".

11 (13) ~~(6) The remainder of the petition form shall be as~~

12 ~~provided following the warning to electors signing the petition~~

13 ~~in section 544c(1). In addition, the~~ The petition shall comply

14 with the requirements of section 544c(2).

15 Enacting section 1. This amendatory act does not take effect

16 unless Senate Bill No. 954 of the 95th Legislature is enacted

17 into law.

18 Enacting section 2. This amendatory act takes effect

19 November 15, 2010.