Weapons: other; possession of firearms at a polling place; 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 within and near polling places and certain election sites during open hours or pre-election periods to reduce voter intimidation.

assigned PA 157'24

#weapons:other

Purpose

HB 4127 amends section 234d of the Michigan Penal Code to prohibit possession of firearms at and near polling places and other election-related locations during specified times, with limited exceptions. The stated intent is to reduce the risk of voter intimidation and protect election workers and voters.

Key provisions

Adds prohibitions on firearm possession at the following places/times (amending MCL 750.234d):

Inside a polling place, or within 100 feet of any entrance to a building used as a polling place, while polls are open on election day.
At an early voting site, or within 100 feet of any entrance to the building hosting it, on any day early voting is conducted there (per the state constitution).
Within 100 feet of any absentee (absent voter) ballot drop box for the 40 days before an election.
In a city or township clerk’s office or official satellite clerk office (or within 100 feet of its entrance) for the 40 days prior to an election when a voter may deliver an absentee ballot in person to the clerk.

Offense and penalty: violation is a misdemeanor punishable by up to 90 days imprisonment, a fine up to $100, or both (consistent with existing penalties in section 234d).

Exceptions

The statutory prohibitions do not apply to:
- Peace officers acting in the course of their duties.
- Persons carrying a concealed pistol who are licensed by Michigan or another state.
- Individuals possessing a firearm in their own residence or on their private property, or persons authorized to possess a firearm on another’s residence/private property with permission.
- Persons lawfully transporting/possessing a firearm in a vehicle (specific applicability to drop-box zones is addressed in the statute).

(For absent-voter counting locations: companion HB 4128 and Senate action expanded prohibitions to counting places; those provisions and limited officer exceptions are reflected in the legislative analyses.)

Who is affected

Voters, poll workers, city/township clerks, election workers, and members of the public near election sites.

Firearm owners who would otherwise carry in or near the enumerated election locations during the specified times.

Local law enforcement, courts, and jails (potential changes in enforcement and prosecution workload).

Fiscal and procedural notes

Fiscal impact: indeterminate. New misdemeanor prosecutions could increase local law enforcement, court, probation, and jail costs; any fines collected are designated to local/public law libraries.

Background: the bill responds to prior Secretary of State guidance (2020) limiting open carry at polling places (which was struck down by courts), and to legal developments after the U.S. Supreme Court’s Bruen decision addressing limits on public carry and “sensitive places.”

Status/timeline: Enacted as Public Act 157 of 2024 (amending MCL 750.234d). The law’s enactment and companion bill activity were considered and reported in committee; fiscal and policy analyses were prepared by House and Senate fiscal/legislative staff.

Support and opposition (testimony/positions recorded)

Support: Michigan Department of State; Michigan Attorney General’s office; clerks’ associations; ACLU Michigan; League of Women Voters; Moms Demand Action; Giffords; others.

Opposition: Gun-rights organizations including Great Lakes Gun Rights, Michigan Coalition for Responsible Gun Owners, Michigan Open Carry Inc., and the NRA-ILA.

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