Weapons: other; firearms within 100 feet of an absentee ballot counting board while ballots are being counted; prohibit. Amends sec. 234d of 1931 PA 328 (MCL 750.234d).

2023-2024 Regular Session Introduced by Abraham Aiyash and 34 co-sponsors

Prohibits carrying firearms at polling sites, early voting sites, absentee drop boxes, and absent-voter counting places within the defined areas and times.

assigned PA 158'24

#crimes:weapons #elections:offenses #elections:pollingplaces #weapons:firearms #weapons:other

Main purpose

HB 4128 amends section 234d of the Michigan Penal Code (MCL 750.234d) to prohibit possession of firearms at specified election locations and within 100 feet of their entrances during defined election-related periods, and to ban firearms at absent-voter counting board locations while ballots are being processed. The stated aim is to reduce the risk of voter intimidation and threats against election workers.

Key provisions

Prohibits possession of a firearm:

In a polling place or within 100 feet of any entrance to a building used as a polling place while the polls are open on election day.
At an early voting site or within 100 feet of any entrance on any day early voting is conducted at that location.
Within 100 feet of an absentee ballot drop box for the 40 days before an election.
In a city or township clerk’s office (or staffed satellite office) or within 100 feet of its entrance for the 40 days before an election when absentee ballots may be dropped off in person.
In an absent voter counting place or a combined absent voter counting place, or within 100 feet of their entrances, while absent voter ballots are being processed.

Penalty: violation is a misdemeanor punishable by up to 90 days’ imprisonment, a fine of up to $100, or both.

Exceptions:

For the polling/early voting/drop box/clerk-office prohibitions: peace officers; persons possessing a firearm inside their own residence or on their private property (including persons permitted by the resident/property owner); persons licensed to carry a concealed pistol; and lawful transport/possession in a vehicle (for certain provisions).
For the absent voter counting-board prohibition: exemption limited to uniformed law enforcement officers acting in the course of their duties.

Who is affected

Voters, poll workers, election clerks, and staff at early-vote sites and absentee ballot drop boxes.

Gun owners who would otherwise carry inside or near the listed election facilities during the restricted periods.

Law enforcement agencies (explicit exemptions for officers); local courts and jails (potential new misdemeanor caseload).

Local governments may experience administrative and enforcement costs; fines collected (if any) go to designated local law libraries.

Background and rationale

The bill responds to concerns about election-related threats and intimidation against election officials and voters. A 2020 Secretary of State directive sought similar protections but was struck down by courts; the U.S. Supreme Court’s 2022 Bruen decision narrowed states’ ability to broadly ban public carry but identified polling places among example “sensitive places” historically subject to regulation.

Supporters included the Department of State, clerks’ associations, and several voting-rights and gun-violence-prevention organizations; opponents included open-carry and gun-rights groups.

Fiscal and procedural status

Fiscal impact: indeterminate. New misdemeanor prosecutions could increase costs for local law enforcement, jails, courts, and probation; potential small increase in penal-fine revenue for local law libraries.

Legislative/procedural status: Passed by the Legislature and enacted as Public Act No. 158 of 2024 (approved and filed with Secretary of State December 3, 2024). The act amends MCL 750.234d and implements the prohibitions and exceptions described above.

Bill