Bill
HB 6053
The law lengthens the pre-election window for a presumption of delay (laches) from 28 to 45 days and expands covered election topics to curb last-minute challenges.
Status and key dates
- Enacted as Public Act 222 of 2024; approved by the Governor January 17, 2025; filed with Secretary of State January 17, 2025.
- Effective date: April 2, 2025.
- Introduced in the House November 7, 2024 (sponsored by Rep. Penelope Tsernoglou). Passed the House December 11, 2024 (56–53). Passed the Senate December 20, 2024 (23–15).
Purpose / intent
- To reduce last‑minute court challenges that could disrupt election administration by lengthening the pre‑election period during which courts will presumptively deny certain election‑related suits as unreasonably delayed (a rebuttable presumption of laches), and to expand the categories of election procedures covered by that presumption.
What the law changes (substantive provisions)
- Amends section 1 of 1969 PA 161 (MCL 691.1031).
- Changes the time threshold for the rebuttable presumption of laches from 28 days before an election to 45 days before an election.
- Expands the list of election‑related subjects covered by the presumption to include:
- Elections; dates of elections; candidates; qualifications of candidates; ballots; questions on ballots (existing items), and now additionally:
- Polling places, drop box locations, and early voting locations — but only if those locations are established by the applicable deadline.
- Extends applicability to civil actions “brought in any court of this state” (the enacted language), rather than limiting it to circuit courts.
- Repeals section 2 of 1969 PA 161 (MCL 691.1032) — removing a prior provision (previously exempting certain legislative actions) from the statute.
- The presumption is rebuttable (can be overcome with evidence showing timely filing). The rule does not apply to actions filed after the affected election.
Who is affected / likely impact
- Affected parties: litigants seeking to challenge election procedures shortly before an election (candidates, political parties, voters, advocacy groups), election clerks and administrators, and courts hearing election disputes.
- Practical effect: increases the window before an election during which courts are likely to dismiss or place a heavy burden on plaintiffs who file to change election processes, aiming to reduce last‑minute disruptions and provide greater administrative certainty (supporters note alignment with the 45‑day UOCAVA absentee mailing deadline).
- Opponents argued the previous 28‑day threshold was adequate. The act is estimated to have no fiscal impact on state or local governments.
Other notes
- The presumption is procedural (laches), not an automatic bar — courts may still hear meritorious claims if plaintiffs rebut the presumption.
- Statutory citations: amendment to MCL 691.1031; repeal of MCL 691.1032.
Compiled from official sources — confirm details with the bill’s official record.
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