The following update was provided by our Lobbyist, Bill Zaagman of GCSI
SB 810 & 811: PASSED. These bills move all September Village elections to the even-November date and permit cities to opt to even-November. The bill was amended to broaden its scope.
· I was successful in adding an amendment to address House Bill 5127. This means that was able to insert the language of HB 5127 into SB 810 as I was not able to get HB 5127 discharged from Committee. HB 5127 reorders the education offices on the non-partisan portion of the ballot.
· Additionally, the Sec. of State was successful in inserting several provisions that were in the bills the Governor vetoed over the Summer, including:
o A requirement that the SOS shall order a clerk to extend the deadline to receive MOVE ballots for a number of days equal to the number of days that MOVE deadline to send ballots was missed.
o A person registering to vote in-person shall provide a photo ID or sign an affidavit of identity.
o An statement on the application to vote affirming that the voter is a US citizen. (NO Checkbox)
o Modifies the absent voter application to vote to include a statement affirming US citizenship. (NO Checkbox)
o A requirement that AV ballots issued in-person to someone by affidavit (without showing ID) and returns the ballot by mail shall have their ballot prepared as a challenged ballot. This will not apply to a person who applies by mail and votes by mail. And, this provision applies ONLY if the person does not show photo ID upon application or upon returning the ballot. This is probably the provision that will give us the most heartburn.
o A requirement that each clerk prepare a report after the election on the number of voters who voted without ID by completing the affidavit.
o A requirement that nursing homes and care facilities post for 45 days before the election a poster developed by the MDOS on ballot coaching
All of these provisions (except MOVE deadline extension) was a part of the bill vetoed by the Governor earlier this year. I have been told that they Governor saw this language and will sign the bill in this form.
HB 6060/6063: PASSED. Of the 6 bills dealing with recalls, these are the only two to make it out. However, the Senate made significant changes to the process. My understanding of the recall process under the bill is this:
· Prohibits filing a recall petition for an office with a term longer than two years during the first year of the officeholder’s term and during the last year of the officeholders term.
· Establishes the State Board of canvassers as the “board of election commissioners” to review and approve recall petitions for all state offices.
· States that the reasons for recall shall be stated clearly and factually for all recalls.
· Establishes that recall signatures cannot be gathered during an appeal to the circuit court over the clarity and factuality of a petition until the judge rules or 40 days whichever is sooner.
· Limits recall elections to the May or November dates.
· A recall election for a state officeholder shall be involve a primary for candidates of the party not of the officeholder’s. The officeholder is presumed the nominee unless he/she withdraws within 10 days. After the “recall primary”, a recall election shall be held. It will not be the yes/no recall question, it will have the candidate names on the ballot.
· For countywide and smaller offices, the political parties name the candidates and an recall election is held. Top vote getter fills the remainder of the term. The incumbent being recalled is presumed to be the nominee and has 10 days to withdraw. If the incumbent withdraws, the political party names the nominee. Non-partisan offices allow for candidates to file ($100 fee) and run.
HB 4121/4122: PASSED. These bills amend the Metropolitan District Act to establish a procedure to elect board members. The amendments pull make their elections part of the election code and make them consistent with the process. These bills were discharged very late and without warning.
All of the bills can be viewed at www.michiganlegislature.org.
William T. Zaagman
Governmental Consultant Services Inc.
One Michigan Avenue Building
110 N. Washington Square, Ste. 120
Lansing, Michigan 48933