SENATE BILL No. 952

 

 

October 28, 2009, Introduced by Senators BROWN, McMANUS and JANSEN and referred to the Committee on Campaign and Election Oversight.

 

 

 

      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:

 

 


1

                       INITIATIVE PETITION

2

                  AMENDMENT TO THE CONSTITUTION

3

                               OR

4

                    INITIATION OF LEGISLATION

5

                               OR

6

                    REFERENDUM OF LEGISLATION

7

                 PROPOSED BY INITIATIVE PETITION

 

 

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

 

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

 

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

 

11  type . If the proposal would alter or abrogate an existing

 

12  provision of the constitution, the petition shall so state and

 

13  the provisions to be altered or abrogated shall be inserted,

 

14  preceded by the words: as follows:

 

15        "Provisions of existing constitution altered or abrogated by

 

16  the proposal if adopted."

 

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

 

18  constitution, proposed law, or referendum that includes

 

19  alterations to existing provisions of law, the alterations shall

 

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

 

21  provision in capital letters and any language that would be

 

22  deleted from the provision struck out with a line.

 

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

 

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

 

25  signature side of the petition sheet after an introduction

 

26  specifying the provisions of the constitution or the title and

 

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

 


 1  abrogate, or create.

 

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

 

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

 

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

 

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

 

 6  signature side of the petition sheet after an introduction

 

 7  specifying the provisions of the constitution or the title and

 

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

 

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

 

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

 

11  objectively delineate the purpose of the proposal and shall not

 

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

 

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

 

14  petition sheet for the full text of the proposed constitutional

 

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

 

16  proposed constitutional amendment, proposed law, or referred law

 

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

 

18  introduction specifying the provisions of the constitution or the

 

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

 

20  alter, abrogate, or create.

 

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

 

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

 

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

 

24  of the proposed constitutional amendment, proposed law, or

 

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

 

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

 

27  prior to the filing of the petition.

 


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

 

 2  the signature side of the petition sheet after the information

 

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

 

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

 

 5  election] general election.".

 

 6        (4) The following statement shall appear beneath the

 

 7  petition heading in 8-point type:

 

 

8

     "We, the undersigned qualified and registered electors,

9

residents in the

10

city

11

township (strike 1) of .......... in the county of  ..........,

12

state of Michigan, respectively petition for (amendment to

13

constitution) (initiation of legislation) (referendum of

14

legislation).". (other appropriate description).".

 

 

15        (5) The following notice and warning shall be printed in 12-

 

16  point boldfaced type immediately above the place for signatures:

 

17  , on each part of the petition:

 

 

18

                              NOTICE

 

 

19        Read the proposal carefully before signing the petition. The

 

20  proposal and any statement describing the subject matter of the

 

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

 

22  of the proposal and not by the state of Michigan. If a statement

 

23  describing the subject matter of the proposal appears on the

 

24  petition, it may not fully explain the effect the proposal would

 

25  have if adopted.

 


 

1

                              WARNING

 

 

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

 

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

 

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

 

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

 

 6  signature was affixed, is violating the provisions of the

 

 7  Michigan election law.

 

 8        (6) The petition sheet shall contain 7 or 10 lines printed

 

 9  in 8-point type, as provided below, for petition signers to enter

 

10  their city or township of registration, signature, printed name,

 

11  street address or rural route, zip code, and date of signing:

 

 

12

INDICATE

 

 

 

 

 

13

CITY OR

 

 

 

 

 

14

TOWNSHIP

 

 

STREET

 

DATE OF

15

IN WHICH

 

 

ADDRESS

 

SIGNING

16

REGISTERED

 

PRINTED

OR RURAL

ZIP

 

17

TO VOTE

SIGNATURE

NAME

ROUTE

CODE

MO DAY YR

18

 

 

 

 

 

 

19

CITY OF

1.

 

 

 

 

20

TOWNSHIP OF

 

 

 

 

 

21

CITY OF

2.

 

 

 

 

22

TOWNSHIP OF

 

 

 

 

 

 

 

23        (7) The following certificate shall be printed in 8-point

 

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

 

25  petition sheet:

 

 


1

                CERTIFICATE OF CIRCULATOR

 

 

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

 

 3  the qualifications to be an elector in the state of Michigan when

 

 4  I began circulating this petition; that each signature on the

 

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

 

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

 

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

 

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

 

 9  registered elector of the city or township indicated on the

 

10  petition.

 

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

 

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

 

13  sheet immediately beneath the certificate of the circulator:

 

 

14

                              WARNING

 

 

15        A circulator who knowingly makes a false statement in the

 

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

 

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

 

18  own as a circulator is guilty of a misdemeanor.

 

19        (9) The following information shall be printed in 8-point

 

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

 

21  petition circulator to enter his or her signature, printed name,

 

22  street number or rural route, city or township where qualified to

 

23  be registered, zip code, and date of signing:

 

 

24

________________________________________     ____/____/______

25

(Signature of Circulator)                    (Date)


1

_____________________________________________________________

2

(Printed Name of Circulator)

3

_____________________________________________________________

4

(City or Township Where Qualified to be a Michigan Elector)

5

____________________________________________     ____________

6

Complete Residence Address                       (Zip Code)

7

(Street and Number or Rural Route)

 

 

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

 

 9  type and appear above the information described in subsection

 

10  (9):

 

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

 

12  after circulating the petition.".

 

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

 

14  provided following the warning to electors signing the petition

 

15  in section 544c(1). In addition, the petition shall comply with

 

16  the requirements of section 544c(2).

 

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

 

18  unless Senate Bill No. 954                                    

 

19            of the 95th Legislature is enacted into law.