MICHIGAN ELECTION LAW (EXCERPT)
Act 116 of 1954
Chapter XXXV
OFFENSES AND PENALTIES


168.931 Prohibited conduct; violation as misdemeanor; "valuable consideration" defined.

Sec. 931.

    (1) An individual who violates 1 or more of the following subdivisions is guilty of a misdemeanor:
    (a) An individual shall not, either directly or indirectly, give, lend, or promise valuable consideration to or for any individual as an inducement to influence the manner of voting by an individual relative to a candidate or ballot question or as a reward for refraining from voting.
    (b) An individual shall not, either before, on, or after an election, for the individual's own benefit or on behalf of any other individual, receive, agree, or contract for valuable consideration for 1 or more of the following:
    (i) Voting or agreeing to vote, or inducing or attempting to induce another to vote, at an election.
    (ii) Refraining or agreeing to refrain, or inducing or attempting to induce another to refrain, from voting at an election.
    (iii) Doing anything prohibited by this act.
    (iv) Both distributing absent voter ballot applications to voters and receiving signed applications from voters for delivery to the appropriate clerk or assistant of the clerk. This subparagraph does not apply to an authorized election official.
    (c) An individual shall not solicit any valuable consideration from a candidate for nomination for, or election to, an office described in this act. This subdivision does not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which the candidate belongs. This subdivision does not apply to a regular business transaction between a candidate and any other person that is not intended for, or connected with, the securing of votes or the influencing of voters in connection with the nomination or election.
    (d) An individual shall not, either directly or indirectly, discharge or threaten to discharge an employee of the individual for the purpose of influencing the employee's vote at an election.
    (e) A priest, pastor, curate, or other officer of a religious society shall not for the purpose of influencing a voter at an election, impose or threaten to impose upon the voter a penalty of excommunication, dismissal, or expulsion or command or advise the voter under pain of religious disapproval.
    (f) In a city, township, village, or school district that has a board of election commissioners authorized to appoint inspectors of election, an inspector of election, a clerk, or other election official who accepts an appointment as an inspector of election shall not fail to report at the polling place designated on election morning at the time specified by the board of election commissioners, unless excused as provided in this subdivision. An individual who violates this subdivision is guilty of a misdemeanor punishable by a fine of not more than $10.00 or imprisonment for not more than 10 days, or both. An inspector of election, clerk, or other election official who accepts an appointment as an inspector of election is excused for failing to report at the polling place on election day and is not subject to a fine or imprisonment under this subdivision if 1 or more of the following requirements are met:
    (i) The inspector of election, clerk, or other election official notifies the board of election commissioners or other officers in charge of elections of the inability to serve at the time and place specified, 3 days or more before the election.
    (ii) The inspector of election, clerk, or other election official is excused from duty by the board of election commissioners or other officers in charge of elections for cause shown.
    (g) An individual shall not willfully fail to perform a duty imposed upon that individual by this act or disobey a lawful instruction or order of the secretary of state as chief state election officer or of a board of county election commissioners, board of city election commissioners, or board of inspectors of election.
    (h) A delegate or member of a convention shall not solicit a candidate for nomination before the convention for money, reward, position, place, preferment, or other valuable consideration in return for support by the delegate or member in the convention. A candidate or other individual shall not promise or give to a delegate money, reward, position, place, preferment, or other valuable consideration in return for support by or vote of the delegate in the convention.
    (i) An individual elected to the office of delegate to a convention shall not accept or receive any money or other valuable consideration for the individual's vote as a delegate.
    (j) An individual shall not, while the polls are open on an election day, solicit votes in a polling place or within 100 feet from an entrance to the building in which a polling place is located.
    (k) An individual shall not keep a room or building for the purpose, in whole or in part, of recording or registering bets or wagers, or of selling pools upon the result of a political nomination, appointment, or election. An individual shall not wager property, money, or thing of value, or be the custodian of money, property, or thing of value staked, wagered, or pledged upon the result of a political nomination, appointment, or election.
    (l) An individual shall not participate in a meeting or a portion of a meeting of more than 2 individuals, other than the individual's immediate family, at which an absent voter ballot is voted.
    (m) An individual, other than an authorized election official, shall not, either directly or indirectly, give, lend, or promise any valuable consideration to or for an individual to induce that individual to both distribute absent voter ballot applications to voters and receive signed absent voter ballot applications from voters for delivery to the appropriate clerk.
    (2) An individual who violates a provision of this act for which a penalty is not otherwise specifically provided in this act is guilty of a misdemeanor.
    (3) An individual or an individual's agent who knowingly makes, publishes, disseminates, circulates, or places before the public, or knowingly causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, either orally or in writing, an assertion, representation, or statement of fact concerning a candidate for public office at an election in this state, that is false, deceptive, scurrilous, or malicious, without the true name of the author being subscribed to the assertion, representation, or statement if written, or announced if unwritten, is guilty of a misdemeanor.
    (4) As used in this section, "valuable consideration" includes, but is not limited to, money, property, a gift, a prize or chance for a prize, a fee, a loan, an office, a position, an appointment, or employment.
    


History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1982, Act 201, Imd. Eff. July 1, 1982 ;-- Am. 1984, Act 113, Imd. Eff. May 29, 1984 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 1996, Act 583, Eff. Mar. 31, 1997 ;-- Am. 2023, Act 185, Eff. Feb. 13, 2024
Compiler's Notes: Act 269 of 2001, which was approved by the Governor and filed with the Secretary of State on January 11, 2002, provided for the amendment of MCL 168.31, 168.73, 168.283, 168.393, 168.509y, 168.509aa, 168.561a, 168.624, 168.624a, 168.686, 168.706, 168.727, 168.737, 168.745, 168.769, 168.782b, 168.795, 168.795c, 168.797a, 168.798c, 168.799a, 168.803, 168.804, 168.842, and 168.931 of, the addition of Sec. 701 to, and the repeal of Sec. 509 of, Act 116 of 1954, known as the Michigan Election Law. A petition seeking a referendum on Act 269 of 2001 was filed with the Secretary of State. The Board of State Canvassers officially declared the sufficiency of the referendum petition on May 14, 2002. Const 1963, art 2, sec 9, provides that no law as to which the power of referendum properly has been invoked shall be effective thereafter unless approved by a majority of the electors voting thereon at the next general election. A referendum on Act 269 of 2001 was presented to the electors at the November 5, 2002, general election as Proposal 02-1, which read as follows:“A REFERENDUM ON PUBLIC ACT 269 OF 2001—AN ACT TO AMEND CERTAIN SECTIONS OF MICHIGAN ELECTION LAWPublic Act 269 of 2001 would:—Eliminate “straight party” vote option on partisan general election ballots.—Require Secretary of State to obtain training reports from local election officials.—Require registered voters who do not appear on registration list to show picture identification before voting a challenged ballot.—Require expedited canvass if presidential vote differential is under 25,000.—Require ballot counting equipment to screen ballots for voting errors to ensure the accurate tabulation of absentee ballots. Permit voters in polls to correct errors.—Provide penalties for stealing campaign signs or accepting payment for campaign work while being paid as a public employee to perform election duties.Should this law be approved?Yes __________No __________”Act 269 of 2001 was not approved by a majority of the electors voting thereon at the November 5, 2002, general election.
Popular Name: Election Code





168.931a Appearance of name of elected or appointed official on ballot-related material; prohibition; violation as misdemeanor; penalty.

Sec. 931a.

    (1) Notwithstanding any provision of law to the contrary, and except as otherwise provided in subsection (2), the name of an elected or appointed official of this state or a political subdivision of this state shall not appear on any ballot-related material that is provided to an elector. As used in this section, "ballot-related material" includes any of the following:
    (a) Any material provided to an elector with an absent voter ballot.
    (b) Absent voter ballot instructions.
    (c) An envelope used to mail to an elector an absent voter ballot or any other ballot material.
    (d) An absent voter ballot return envelope.
    (2) Any ballot-related material printed or prepared before the effective date of the amendatory act that added this section that contains the name of an elected or appointed official of this state or a political subdivision of this state may be used if the elected or appointed official whose name appears on the ballot-related materials is not a candidate at the election in which those ballot-related materials are being used.
    (3) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $100.00 for a first offense and is guilty of a misdemeanor punishable by a fine of not more than $250.00 for a second or subsequent offense.


History: Add. 2012, Act 280, Eff. Mar. 28, 2013
Popular Name: Election Code





168.931b Prohibition on intimidation of or interference with election workers; violation; penalties; application to constitutionally protected activities; definitions.

Sec. 931b.

    (1) An individual who intimidates an election official because of the election official's status as an election official, with the specific intent of interfering with the performance of that election official's election-related duties, is guilty of a crime as provided under subsection (3).
    (2) An individual who prevents an election official from performing the election official's duties in conducting an election is guilty of a crime as provided under subsection (3).
    (3) An individual who violates subsection (1) or (2) is guilty of a crime as follows:
    (a) For a first offense, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
    (b) For a second offense, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
    (c) For a third or subsequent offense, the individual is guilty of a felony.
    (4) This section does not apply to constitutionally protected activity, including, but not limited to, engaging in reporting, news gathering, protesting, lobbying, advocacy, or other activities intended to inform or influence the public or public officials, including election officials, on matters of public interest or public concern.
    (5) As used in this section:
    (a) "Duties" include, but are not limited to, any of the following:
    (i) Creating, disseminating, collecting, or delivering applications or ballots, including absent voter ballots or absent voter ballot applications.
    (ii) Registering voters.
    (iii) Opening, closing, and maintaining order at polling places, early voting sites, and absent voter counting board locations.
    (iv) Processing and assisting voters at polling places or early voting sites.
    (v) Processing and tabulating ballots at polling places, early voting sites, and absent voter counting board locations.
    (vi) Tallying ballots at polling places and absent voter counting board locations.
    (vii) Certifying election results by a board of county canvassers or the board of state canvassers.
    (b) "Election official" means a public officer, public employee, election inspector, member of the board of state canvassers, member of a board of county canvassers, member of an absent voter counting board, or a county, city, or township clerk who has a duty to perform in connection with an election conducted under this act.
    (c) "Intimidate" means a willful course of conduct involving harassment of another individual that is intended to cause the individual to fear physical injury, that would cause a reasonable individual to fear physical injury, and that actually causes the individual to fear physical injury. Intimidate does not include constitutionally protected activity or conduct that serves a legitimate purpose.
    


History: Add. 2023, Act 253, Eff. Feb. 13, 2024
Popular Name: Election Code





168.932 Prohibited conduct; violation as felony.

Sec. 932.

     A person who violates 1 or more of the following subdivisions is guilty of a felony:
    (a) A person shall not attempt, by means of bribery, menace, or other corrupt means or device, either directly or indirectly, to influence an elector in giving his or her vote, or to deter the elector from, or interrupt the elector in giving his or her vote at any election held in this state.
    (b) A person not duly authorized by law shall not, during the progress of any election or after the closing of the polls and before the final results of the election have been ascertained, break open or violate the seals or locks of any ballot box or voting machine used or in use at that election. A person shall not willfully damage or destroy any ballot box or voting machine. A person shall not obtain undue possession of that ballot box or voting machine. A person shall not conceal, withhold, or destroy a ballot box or voting machine, or fraudulently or forcibly add to or diminish the number of ballots legally deposited in the box or the totals on the voting machine. A person shall not aid or abet in any act prohibited by this subdivision.
    (c) An inspector of election, clerk, or other officer or person having custody of any record, election list of voters, affidavit, return, statement of votes, certificates, poll book, or of any paper, document, or vote of any description, which pursuant to this act is directed to be made, filed, or preserved, shall not willfully destroy, mutilate, deface, falsify, or fraudulently remove or secrete any or all of those items, in whole or in part, or fraudulently make any entry, erasure, or alteration on any or all of those items, or permit any other person to do so.
    (d) A person shall neither disclose to any other person the name of any candidate voted for by any elector, the contents of whose ballots were seen by the person, nor in any manner obstruct or attempt to obstruct any elector in the exercise of his or her duties as an elector under this act.
    (e) A person who is not involved in the counting of ballots as provided by law and who has possession of an absent voter ballot mailed or delivered to another person shall not do any of the following:
    (i) Open the envelope containing the ballot.
    (ii) Make any marking on the ballot.
    (iii) Alter the ballot in any way.
    (iv) Substitute another ballot for the absent voter ballot that the person possesses.
    (f) A person other than an absent voter; a person whose job it is to handle mail before, during, or after being transported by a public postal service, express mail service, parcel post service, or common carrier, but only during the normal course of his or her employment; a clerk or assistant of the clerk; a member of the immediate family of the absent voter including father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild; or a person residing in the absent voter's household shall not do any of the following:
    (i) Possess an absent voter ballot mailed or delivered to another person, regardless of whether the ballot has been voted.
    (ii) Return, solicit to return, or agree to return an absent voter ballot to the clerk of a city, township, village, or school district.
    (g) A person who assists an absent voter who is disabled or otherwise unable to mark the ballot shall only render his or her assistance by showing the absent voter how to vote the ballot as the absent voter desires or by marking the ballot as directed by the absent voter. A person who assists an absent voter who is disabled or otherwise unable to mark the ballot shall not suggest or in any manner attempt to influence the absent voter on how he or she should vote or allow any other person to do so.
    (h) A person present while an absent voter is voting an absent voter ballot shall not suggest or in any manner attempt to influence the absent voter on how he or she should vote.
    (i) A person shall not plan or organize a meeting at which absent voter ballots are to be voted.


History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1957, Act 220, Eff. Sept. 27, 1957 ;-- Am. 1982, Act 201, Imd. Eff. July 1, 1982 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996
Popular Name: Election Code





168.932a Violations as felony; penalty.

Sec. 932a.

     A person who does any of the following is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both:
    (a) A person shall not, at an election, falsely impersonate another person, or vote or attempt to vote under the name of another person, or induce or attempt to induce a person to impersonate another person or to vote or attempt to vote under the name of another person.
    (b) A person shall not assume a false or fictitious name to vote or to offer to vote by that name, enter or cause to be entered upon the registration book in a voting precinct a false or fictitious name, or induce or attempt to induce another person to assume a false or fictitious name in order to vote, by that name, vote, or offer to or enter or cause to be entered upon the registration book of a voting precinct, a false or fictitious name.
    (c) A person who is not a qualified and registered elector shall not willfully offer to vote or attempt to vote at an election held in this state. A person shall not aid or counsel a person who is not a qualified and registered elector to vote or offer to vote at the place where the vote is given during an election.
    (d) A qualified and registered elector shall not offer to vote or attempt to vote in a voting precinct in which the elector does not reside, except as otherwise provided in this act. A person shall not procure, aid, or counsel another person to go or come into a township, ward, or voting precinct for the purpose of voting at an election, knowing that the person is not qualified or registered to vote in that township, ward, or voting precinct.
    (e) A person shall not offer to vote or attempt to vote more than once at the same election either in the same or in another voting precinct. A person shall not give 2 or more votes folded together.


History: Add. 1996, Act 583, Eff. Mar. 31, 1997
Popular Name: Election Code





168.932c Registering individuals; compensation prohibited; violation as felony; penalty.

Sec. 932c.

    (1) A person shall not provide compensation to another person for registering individuals to vote that is based upon any of the following:
    (a) The total number of individuals a person registers to vote.
    (b) The total number of individuals a person registers to vote in a particular political party.
    (2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.


History: Add. 2012, Act 276, Eff. Aug. 16, 2012
Popular Name: Election Code





168.932e Misrepresentation as election official; violation as felony.

Sec. 932e.

    (1) A person shall not intentionally misrepresent by word or act in a polling place on election day that he or she is an election official if that person is not an election official.
    (2) A person who violates this section is guilty of a felony.


History: Add. 2012, Act 276, Eff. Aug. 16, 2012
Popular Name: Election Code





168.932f Distribution of materially deceptive media; prohibition; violation; misdemeanor; penalties; injunctive relief; definitions.

Sec. 932f.

    (1) Except as otherwise provided in subsection (2), a person shall not distribute, or enter into an agreement with another person to distribute, materially deceptive media if all of the following apply:
    (a) The person knows the media falsely represents a depicted individual.
    (b) The distribution occurs within 90 days before an election.
    (c) The person intends the distribution to harm the reputation or electoral prospects of a candidate in an election, and the distribution is reasonably likely to cause that result.
    (d) The person intends the distribution to change the voting behavior of electors in an election by deceiving the electors into incorrectly believing that the depicted individual in fact engaged in the speech or conduct depicted, and the distribution is reasonably likely to cause that result.
    (2) The prohibition in subsection (1) does not apply if all of the following conditions are met:
    (a) The media includes a disclaimer informing the viewer that the media has been manipulated by technical means and depicts speech or conduct that did not occur. The following disclaimer is sufficient, but not necessary, to satisfy the requirement under this subdivision:
    "This ___________ (image, audio, or video) has been manipulated by technical means and depicts speech or conduct that did not occur.".
    (b) If the media is a video, the disclaimer meets all of the following requirements:
    (i) Appears throughout the entirety of the video.
    (ii) Is clearly visible to and readable by an observer.
    (iii) Is in letters at least as large as the majority of any text communication, or if there is no other text communication, in a size that is easily readable by the average viewer.
    (iv) Is in the same language as the language used in the video media.
    (c) If the media consists only of audio and contains no image or video, the disclaimer is read at the beginning and end of the media in a clearly spoken manner, in a pitch that can be easily heard by the average listener, and in the same language as the audio media.
    (d) If the media is an image, the disclaimer meets all of the following requirements:
    (i) Is clearly visible to and readable by the average viewer.
    (ii) If the media contains other text, is in letters at least as large as the majority of the other text.
    (iii) Is in the same language as the language used in the image media.
    (e) If the media was generated by editing an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.
    (3) A person that violates this section is guilty of a crime as follows:
    (a) For a first violation, a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
    (b) If a violation occurs within 5 years of a previous conviction for a violation under this section, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.
    (4) Subject to subsection (9), the attorney general, a depicted individual, a candidate for office who has been injured or is likely to be injured by the distribution of materially deceptive media, or any organization that represents the interests of voters likely to be deceived by the distribution of materially deceptive media, may seek permanent injunctive relief against a person that violates this section in any of the following courts:
    (a) The circuit court for the county in which a party to the alleged violation resides.
    (b) The circuit court for the county in which the materially deceptive media at issue could deceive and influence electors in an upcoming election.
    (5) Upon the filing of a complaint for injunctive relief under subsection (4), the court must review the complaint to determine whether the complaint is frivolous. If the court determines that the complaint for injunctive relief is frivolous, the court shall issue an order suspending the defendant's obligation to respond to the complaint and shall order the plaintiff to show cause why the complaint for injunctive relief should not be dismissed. If the plaintiff fails to respond to the court or the plaintiff's response to the court confirms that the complaint for injunctive relief is frivolous, the court shall dismiss the complaint for injunctive relief. If the plaintiff's response to the court assures the court that the complaint for injunctive relief is not frivolous, the court shall direct the defendant to answer the complaint for injunctive relief.
    (6) If a court finds that a complaint for injunctive relief is frivolous under subsection (5), the court, in addition to dismissing the complaint, may award costs and attorney fees to the defendant and may issue any appropriate sanctions permitted under the Michigan court rules or the court's inherent authority against the plaintiff and the plaintiff's attorney.
    (7) A plaintiff seeking permanent injunctive relief under subsection (4) must prove by clear and convincing evidence that the defendant against whom the injunction is sought knew the media at issue falsely represents the depicted individual.
    (8) If a plaintiff, other than the attorney general, is awarded permanent injunctive relief under this section, the court may award costs and attorney fees to the plaintiff.
    (9) A plaintiff shall not seek preliminary injunctive relief in an action described in subsection (4).
    (10) As used in this section:
    (a) "Depicted individual" means an individual who is falsely represented in a materially deceptive media.
    (b) "Election" includes, but is not limited to, a federal, statewide, legislative, judicial, county, or local election or primary election.
    (c) "Materially deceptive media" means any image, audio, or video that meets all of the following requirements:
    (i) Falsely depicts an individual engaging in speech or conduct in which the depicted individual did not in fact engage.
    (ii) A reasonable viewer or listener would incorrectly believe that the depicted individual engaged in the speech or conduct depicted.
    (iii) Was produced by artificial intelligence as that term is defined in section 2 of the Michigan campaign finance act, 1976 PA 388, MCL 169.202.
    
    


History: Add. 2023, Act 265, Eff. Feb. 13, 2024
Popular Name: Election Code





168.933 Perjury; definition.

Sec. 933.

     A person who makes a false affidavit or swears falsely while under oath under section 848 or for the purpose of securing registration, for the purpose of voting at an election, or for the purpose of qualifying as a candidate for elective office under section 558 is guilty of perjury.


History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1997, Act 137, Imd. Eff. Nov. 17, 1997 ;-- Am. 1999, Act 217, Eff. Mar. 10, 2000 ;-- Am. 2003, Act 119, Imd. Eff. July 29, 2003
Popular Name: Election Code





168.933a Forgery; definition.

Sec. 933a.

    Except as otherwise provided in this act, a person who does either of the following for any purpose under this act is guilty of forgery:
    (a) Knowingly makes, files, or otherwise publishes a false document with the intent to defraud.
    (b) Knowingly makes, files, or otherwise publishes a document that contains false signatures with the intent to defraud.


History: Add. 2018, Act 620, Imd. Eff. Dec. 28, 2018
Popular Name: Election Code





168.934 Misdemeanor; penalty.

Sec. 934.

     Any person who shall be found guilty of a misdemeanor under the provisions of this act shall, unless herein otherwise provided, be punished by a fine of not exceeding $500.00, or by imprisonment in the county jail for a term not exceeding 90 days, or both such fine and imprisonment in the discretion of the court.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.935 Felony; penalty.

Sec. 935.

     Any person found guilty of a felony under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.936 Perjury; penalty.

Sec. 936.

     Any person found guilty of perjury under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.937 Forgery; penalty.

Sec. 937.

     Any person found guilty of forgery under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.938 Candidate convicted of felony; election void quo warranto.

Sec. 938.

     If any candidate for any public office at any election in this state shall be convicted of a felony, as defined in this act, the election of such candidate, if he has been elected, shall be void; and if he shall enter into the office for which he was elected, an information in the nature of a quo warranto to oust him from such office may be filed in the supreme court or the proper circuit court.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.939 Election inspector; duty to furnish information to prosecuting attorney.

Sec. 939.

     It shall be the duty of every inspector of election, knowing, or having reason to believe, that an offense punishable under the provisions of this act has been committed, to give information thereof to the prosecuting attorney without delay, and such prosecuting attorney shall adopt effective measures for the prosecution of all persons believed to be guilty of such offense.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.940 Prosecuting attorney; duty to prosecute.

Sec. 940.

     It is hereby made the duty of every prosecuting attorney, whenever he shall receive credible information that any such offense has been committed, to cause the same to be prosecuted.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.941 Peace officers; duty to institute proceedings.

Sec. 941.

     It is hereby made the duty of any police, sheriff or other peace officer, present and having knowledge of any violation of any of the provisions of this act, to forthwith institute criminal proceedings for the punishment of such offender.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.942 Prosecution; time limitations; immunity of witnesses.

Sec. 942.

    An offense under this act shall not be prosecuted unless the prosecution is commenced within 3 years after the time the offense is discovered. The complaining witness or any other person who is called to testify in behalf of the people in a proceeding under this section shall not be liable to criminal prosecution under this act for an offense in respect to which he or she is examined or to which his or her testimony relates, except to prosecution for perjury committed in the testimony.


History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 271, Eff. Aug. 15, 2012
Popular Name: Election Code





168.943 Recorder's court; jurisdiction; circuit courts, jurisdiction.

Sec. 943.

     The recorder's court in the city of Detroit shall have cognizance and jurisdiction of all offenses under this act committed within the limits of said city, and the offender may in all cases be there proceeded against by information, as provided by the charter of said city or any other statute applicable thereto. In all other cases, the circuit court for the proper county shall have cognizance of such offenses committed within the county, and in cases where the punishment is by such fine or such imprisonment, 1 or both, as the justice's court may impose. The proper justice's court shall have cognizance and jurisdiction thereof.


History: 1954, Act 116, Eff. June 1, 1955
Popular Name: Election Code





168.944 False designation of incumbency; misdemeanor.

Sec. 944.

     Any person who advertises or uses in any campaign material, including radio, television, newspapers, circulars, cards, or stationery, the words incumbent, re-elect, re-election, or otherwise indicates, represents, or gives the impression that a candidate for public office is the incumbent, when in fact the candidate is not the incumbent, is guilty of a misdemeanor punishable as provided in section 934.


History: Add. 1959, Act 109, Eff. Mar. 19, 1960 ;-- Am. 1963, Act 155, Eff. Sept. 6, 1963 ;-- Am. 1996, Act 583, Eff. Mar. 31, 1997
Popular Name: Election Code





168.945 Inducing improper applications to vote as absentee voter; misdemeanor.

Sec. 945.

     Any person who induces or attempts to induce another to make an application to vote as an absent voter, knowing that the person is not qualified to so vote is guilty of a misdemeanor punishable as provided in section 934.


History: Add. 1967, Act 113, Eff. Nov. 2, 1967
Popular Name: Election Code





168.947 Repealed. 2018, Act 120, Eff. Dec. 31, 2018.


Compiler's Notes: The repealed section pertained to possession of master keys for voting machines.
Popular Name: Election Code




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Michigan Compiled Laws Complete Through PA 5 of 2025
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