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SB 505

Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations dealing with intimidating an election official; provide for. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d).

2023-2024 Regular Session Introduced by Rosemary Bayer and 4 co-sponsors

Michigan law now establishes sentencing guidelines for intimidating election officials, setting consistent penalties to deter harassment of election workers.

ASSIGNED PA 0252'23
#criminalprocedure:sentencingguidelines #elections:electionofficials
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Bill Summary · SB 505

Legislative bill overview

SB 505 establishes specific sentencing guidelines for individuals convicted of intimidating election officials under Michigan election law. The bill amends the state's sentencing guidelines framework to ensure consistent and appropriate penalties for this crime, which became a more prominent concern following the 2020 election cycle.

Why is this important

Election official intimidation directly threatens the functioning of democratic elections and the willingness of people to serve in election administration. Clear sentencing guidelines ensure judges apply consistent penalties statewide and may deter potential offenders from targeting election workers.

Potential points of contention

  • First Amendment concerns: Critics may argue that defining and penalizing "intimidation" of officials could chill legitimate political speech or protest, depending on how narrowly the underlying election law defines the offense
  • Sentencing severity: Debate exists over whether the guideline ranges are proportionate—some may view them as too harsh for speech-related offenses, while others may find them insufficient as deterrents
  • Scope of "election official": Questions may arise about which positions qualify (poll workers, clerks, election commissioners, etc.) and whether the guidelines apply equally to all categories

Compiled from official sources — confirm details with the bill’s official record.

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