HB 5571 — Summary (Petition processes; modify; statistical random sampling of petition signatures)
Status: Enacted by Legislature; presented to Governor 01/08/2025; vetoed by Governor 01/17/2025.
Purpose
- Revise Michigan’s petition filing and canvass procedures for constitutional amendment, initiated-law, referendum, and nominating petitions.
- Standardize petition forms and summaries of purpose, authorize statistically valid random sampling for signature review, and strengthen tools to address fraudulent signatures.
Key provisions
- Standard petition form: Secretary of State (SOS), with Board of State Canvassers (BSC) approval, must create a BSC‑approved petition form and a digitally editable model. Required elements include:
- A summary of purpose (true, impartial, ≤100 words) and specified textual elements (e.g., website, affected constitution/code citations).
- Full text of the proposal on the reverse side (or fold‑over if necessary).
- A signature table with name, address, city/township, zip, county, and date.
- A petition circulator certification statement (sample certification language specified).
- Identification statement per the Michigan Campaign Finance Act.
- Pre‑approval of form/summary: Petition sponsors may submit the summary and form to the BSC; the Director of Elections reviews it and BSC must approve/reject within 30 days. If approved before circulation, the BSC may not later challenge a petition on the basis of the approved form or summary.
- Statistical random sampling: BSC may adopt and use an approved statistical random sampling methodology to determine the validity/sufficiency of signatures and compliance with circulator requirements (applies to initiative/referendum and nominating petitions).
- Fraud handling and referrals:
- BSC may disqualify “obviously fraudulent” signatures without matching to local registration records or the Qualified Voter File (QVF).
- Any signature determined to be obviously fraudulent must be referred to the Attorney General for investigation.
- If a person refuses to comply with subpoenas in investigations, the BSC may disqualify the candidate or suspend action.
- Process, timelines, and transparency:
- Bureau of Elections must make filed petitions (copies and originals) available on request (reasonable fees permitted).
- BSC must publish canvass procedures and track canvass progress/results online (including % complete for random sample canvass).
- Deadlines: canvass and official sufficiency declarations must occur at least 60 days before the election (and related timing changes for nominating petitions and complaints — e.g., seven‑day action windows).
- Other changes: move from “strict” to “substantial” compliance on formatting; clarify when a constitutional provision is altered/abrogated by an amendment’s text; reorganize misdemeanor/felony penalties; one signature per person counted.
Who would be affected
- Petition sponsors and ballot‑question committees (must use approved forms and summaries).
- Petition circulators (certification, possible criminal exposure for false statements).
- Candidates and persons relying on nominating petitions (random sampling may determine sufficiency; BSC investigatory powers expanded).
- Board of State Canvassers, SOS/Bureau of Elections (new administrative duties, publishing, and form issuance).
- Attorney General (required referrals of fraudulent signatures) and local clerks (cooperation duties on verification).
- Voters (changes to petition format and pre‑approved summaries could affect signatory information provided).
Fiscal and legal impact
- Fiscal: Indeterminate. Potential MDOS staff savings from fewer full reviews; potential increased AG law‑enforcement and prosecution costs if referrals/convictions increase. Local clerks may incur small administrative costs.
- Legal: Expands BSC discretion (random sampling; ability to disqualify obviously fraudulent signatures without QVF comparison); creates tighter timelines for appeals and judicial review (e.g., 7‑day windows to seek relief). Several existing statutory sections on circulation would be repealed/modified.
Procedural timeline (selected)
- Introduced: March 2024 (House); passed House June 26, 2024; passed Senate Dec 19, 2024; enrolled and presented to Governor Jan 8, 2025; vetoed by Governor Jan 17, 2025.
- HB 5571 is one of a package (HBs 5571–5576) with interdependencies (tie‑bars) addressing related petition and filing rules.
Bottom line
HB 5571 sought to standardize petition content, increase canvass efficiency through statistically valid sampling, and strengthen mechanisms to detect and refer fraudulent signatures — while changing formatting and procedural requirements and expanding administrative and investigative duties for state officials. The Governor vetoed the measure on January 17, 2025.
