HB 5795 (2025-2026) – Michigan: Counties — candidates for county office disclose felony convictions
Overview
HB 5795 adds a new Section 558a to the Michigan Election Law (1954 PA 116, MCL 168.1 – 168.992). The bill requires candidates for county offices to disclose felony conviction information on filing materials and imposes a timely update obligation if a felony conviction occurs after filing.
Purpose and intent
- Increase transparency regarding a candidate’s criminal history for county-level offices.
- Ensure the county clerk has current information on a candidate’s felony conviction status at the time of petition/filing and promptly after any conviction.
Key provisions
1) Affidavit requirement with petitions/filing fees
- When a candidate files a nominating petition, qualifying petition, or pays a filing fee for a county office, the candidate must file with the county clerk an affidavit (in a form prescribed by the Secretary of State) indicating whether the candidate has ever been convicted of a felony.
- This requirement applies in addition to the existing affidavit of identity under section 558.
- Exceptions: An affirmative disclosure is not required for felony convictions that have been expunged or set aside, or for which the candidate has been pardoned.
2) Post-conviction updating obligation
- If, after filing the affidavit under subsection (1), the candidate is convicted of a felony, the candidate must update the affidavit filed with the county clerk within 3 business days of the conviction date.
3) Definitions and scope
- “Convicted of a felony” means a court has entered a judgment of conviction for a felony offense, regardless of sentencing status or pending appeals.
- “County office” includes:
- Any office named in section 191.
- County commissioner.
- County executive.
Status and procedural notes
- Introduced and referred to the Committee on Election Integrity on April 15, 2026.
- Referred to the committee for consideration; no further action details are provided in the available text.
Potential impact
- Administrative: County clerks will collect and maintain explicit felony-conviction disclosures for candidates seeking county offices.
- Compliance: Candidates must monitor and promptly report changes in felony status to remain compliant, with a tight 3-business-day update window after conviction.
- Public transparency: Voters and stakeholders gain readily available information about a candidate’s felony history in connection with county office elections.
- Scope: The provisions cover county offices including county executives, county commissioners, and offices named in section 191.
Notes for readers
- The disclosure does not apply to felonies that are expunged, set aside, or pardoned.
- The definition of “convicted of a felony” captures judgments of conviction even if sentencing hasn’t occurred or appeals are pending.