STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Rep. Ward

ENROLLED HOUSE BILL No. 5650

AN ACT to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," 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 state director of elections 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 state director of elections shall declare the petition sufficient unless he or she 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 petition, the state director of elections shall not consider the substance of the proposal affixed to the petition. If the state director of elections declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal 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 this state.

(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 state director of elections makes his or her official declaration of the sufficiency of the referendum petition. The state director of elections 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.

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.

(b) Senate Bill No. 974.

(c) Senate Bill No. 975.

(d) Senate Bill No. 976.

(e) House Bill No. 5648.

(f) House Bill No. 5649.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor