HB-5650, As Passed House, March 8, 2006
(As amended March 7, 2006)
February 8, 2006, Introduced by Rep. Ward and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 477 (MCL 168.477), as amended by 1999 PA 219.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
477. (1) The board of state canvassers [fourth district of
the state court of appeals] shall make an official declaration of the
sufficiency
or insufficiency of a petition under this chapter at least 2 months
before the election at which the proposal is to be submitted. The
[fourth district of the state court of appeals] shall declare the
petition sufficient
unless [it] determines that the petition is not in proper form
or that the number of valid signatures is less than the minimum
number required. In determining the sufficiency of the form of the
House Bill No. 5650 as amended March 7, 2006 (1 of 2)
petition, the [fourth district of the state court of appeals] shall not
consider the
substance
of the proposal affixed to the petition.
If the board of
state
canvassers [fourth
district of the state court of appeals]
declares that the
petition is sufficient, the secretary of state shall send copies of
the
statement of purpose of the proposal
as approved by the board
of
state canvassers under section 474 to the several daily and
weekly newspapers published in this state, with the request that
the newspapers give as wide publicity as possible to the proposed
amendment or other question. Publication of any matter by any
newspaper
under this section shall be without expense or cost to
the
this state.
of Michigan.
(2) For the purposes of the second paragraph of section 9 of
article II of the state constitution of 1963, a law that is the
subject of the referendum continues to be effective until the
referendum
is properly invoked, which occurs when the board of
state
canvassers [fourth
district of the state court of appeals]
makes
[its
] official declaration of the sufficiency of the referendum
petition.
The board of state canvassers [fourth district of the state
court of appeals] shall complete the canvass of a referendum petition
within 60 days after the petition is filed with the secretary of
state, except that 1 15-day extension may be granted by the
secretary of state if necessary to complete the canvass.
[(3) The fourth district of the state court of appeals shall notify the secretary of state before September 1, 2006 if the fourth district of the state court of appeals declines to make the official declaration of the sufficiency or insufficiency of petitions under this section.
(4) If the secretary of state receives notice from the fourth district of the state court of appeals under subsection (3), the state director of elections shall make the official declaration of the sufficiency or insufficiency of the petitions.
(5) At least 30 days before the election at which a ballot proposal is to be submitted, a fiscal impact analysis of the ballot proposal shall be prepared by the state budget director or the state treasurer, the director of the senate fiscal agency, and the director of the house fiscal agency, or their respective designees. A summary of the fiscal impact analysis, including the cost of the ballot proposal to this state, shall appear on the ballot with the ballot proposal language.]
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 973 or House Bill No.____ (request no.
04197'05 *).
(b) Senate Bill No. 974 or House Bill No.____ (request no.
05710'06).
(c) Senate Bill No. 975 or House Bill No.____ (request no.
05711'06).
(d) Senate Bill No. 976 or House Bill No.____ (request no.
05712'06).
(e) Senate Bill No.____ or House Bill No. 5648(request no.
05714'06).
(f) Senate Bill No.____ or House Bill No. 5649(request no.
05715'06).