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HB 4129

Elections: offenses; intimidating an election official or preventing an election official from performing the election official's duties; prohibit. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 931b.

2023-2024 Regular Session Introduced by Abraham Aiyash and 31 co-sponsors

Michigan HB 4129 makes it a crime to intimidate or prevent election officials from performing duties, protecting workers and ensuring safe, fair elections.

assigned PA 253'23
#elections:electionofficials #elections:offenses
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WeVote Research Nonpartisan
Bill Summary · HB 4129

Summary — HB 4129 (Michigan) — Prohibiting Intimidation of or Interference with Election Officials

Status: Enacted as Public Act 253 of 2023 (added MCL 168.931b). Approved by Governor 11/30/2023; effective February 13, 2024. Sponsor (original): Rep. Kara Hope.

Main purpose

HB 4129 adds section 931b to the Michigan Election Law to make it a crime to (1) intimidate an election official with the specific intent of interfering with that official’s election‑related duties, or (2) prevent an election official from performing those duties. The goal is to protect election workers and ensure elections can be conducted safely and without interference.

Key provisions

  • Creates criminal prohibitions (proposed MCL 168.931b) for:
    • Intimidating an election official because of their status as such, with specific intent to interfere with their election duties.
    • Preventing an election official from performing duties in conducting an election.
  • Defines covered persons (“election official”) to include public officers and employees with election duties, election inspectors, members of the Board of State Canvassers or county canvassers, absent voter counting board members, and county/city/township clerks with election responsibilities.
  • Defines “intimidate” as a willful course of harassing conduct intended to cause, and that would cause a reasonable person to fear, physical injury — and that actually causes such fear. The definition excludes constitutionally protected activity.
  • Lists examples of covered “duties,” including creating/distributing/collecting ballots or applications, voter registration, opening/closing/maintaining order at polling places and early voting sites, processing/tabulating/tallying ballots, assisting voters, and certifying results.
  • Penalties:
    • 1st offense — misdemeanor: up to 93 days imprisonment or fine up to $500, or both.
    • 2nd offense — misdemeanor: up to 1 year imprisonment or fine up to $1,000, or both.
    • 3rd or subsequent offense — felony (companion legislation (HB 4130) treats third/subsequent offenses as a Class E felony against the public trust with a statutory maximum up to 5 years).
  • Explicit exemption: does not apply to constitutionally protected activities such as news gathering, protesting, lobbying, advocacy, or other lawful efforts to inform/influence public officials.

Who is affected

  • Primary: election officials and workers (clerks, inspectors, canvassers, counting board members, etc.) — protection from harassment, threats, and interference.
  • Secondary: individuals engaged in protests, advocacy, media coverage (explicitly protected), law enforcement, prosecutors, courts, and corrections systems (may see changes in caseloads).
  • Local election administration: intended to support staffing and safety but does not alter election procedure itself.

Fiscal and procedural notes

  • Fiscal impact: indeterminate. Criminal penalties could increase demands on law enforcement, courts, probation, jails, and corrections. House/Senate analyses note example cost figures (FY2022 averages cited in analyses): ~ $47,900 per state prison inmate annually; ~ $4,800 per felony probationer annually; per diem prison costs $98–$192. Fine revenue is constitutionally dedicated to public/county law libraries.
  • Reporting and legislative history: Reported and debated through House and Senate elections committees; companion bill HB 4130 addresses sentencing guideline classification for repeat offenses. The statute is codified at MCL 168.931b.

Support and opposition (as recorded in committee)

  • Supporters: Department of State, Campaign Legal Center, Michigan Association of Municipal Clerks, Attorney General’s office, League of Women Voters, and various municipal and civic groups — emphasized worker safety and staffing retention.
  • Opponents/concerns: some groups argued existing laws suffice and raised concerns about subjectivity or possible misuse of the statute to chill lawful protest or expression. The law attempts to address this by excluding constitutionally protected activity.

This summary focuses on the enacted Michigan provision that criminalizes intimidation of and interference with election officials and the principal operational, definitional, penalty, and fiscal elements of the law.

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

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