MICHIGAN ELECTION LAW
Act 116 of 1954
168.476 Petitions; canvass by board of state canvassers; use of qualified voter file; hearing upon complaint; investigations; completion date; disposition of challenges; report.
Sec. 476.
(1) Upon receiving notification of the filing of the petitions, the board of state canvassers shall canvass the petitions to ascertain if the petitions have been signed by the requisite number of qualified and registered electors. The qualified voter file shall be used to determine the validity of petition signatures by verifying the registration of signers and the genuineness of signatures on petitions when the qualified voter file contains digitized signatures. If the qualified voter file indicates that, on the date the elector signed the petition, the elector was not registered to vote, there is a rebuttable presumption that the signature is invalid. If the qualified voter file indicates that, on the date the elector signed the petition, the elector was not registered to vote in the city or township designated on the petition, there is a rebuttable presumption that the signature is invalid. If the board is unable to verify the genuineness of a signature on a petition using the digitized signature contained in the qualified voter file, the board may cause any doubtful signatures to be checked against the registration records by the clerk of any political subdivision in which the petitions were circulated, to determine the authenticity of the signatures or to verify the registrations. Upon request, the clerk of any political subdivision shall cooperate fully with the board in determining the validity of doubtful signatures by rechecking the signature against registration records in an expeditious and proper manner.
(2) The board of state canvassers may hold hearings upon any complaints filed or for any purpose considered necessary by the board to conduct investigations of the petitions. To conduct a hearing, the board may issue subpoenas and administer oaths. The board may also adjourn from time to time awaiting receipt of returns from investigations that are being made or for other necessary purposes, but shall complete the canvass at least 2 months before the election at which the proposal is to be submitted.
(3) At least 2 business days before the board of state canvassers meets to make a final determination on challenges to and sufficiency of a petition, the bureau of elections shall make public its staff report concerning disposition of challenges filed against the petition. Beginning with the receipt of any document from local election officials pursuant to subsection (1), the board of state canvassers shall make that document available to petitioners and challengers on a daily basis.
History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1999, Act 219, Eff. Mar. 10, 2000 ;-- Am. 2005, Act 71, Eff. Jan. 1, 2007
Compiler's Notes:
Enacting section 4 of Act 71 of 2005 provides:
"Enacting section 4. If any portion of this amendatory act or the application of this amendatory act to any person or circumstances is found invalid by a court, the invalidity shall not affect the remaining portions or applications of this amendatory act that can be given effect without the invalid portion or application, if the remaining portions are not determined by the court to be inoperable, and to this end this amendatory act is declared to be severable."
PopularName Notes:
Election Code
Notes of Decisions
Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008).
· cites it 4× “67a-68a, reproducing the transcript of the August 23, 2004, hearing. [24] Id. at 69a. [25] Charisese Jones, Gay marriage on ballot in 11 states, USA Today, October 15, 2004, p.”
Michigan Civil Rights Initiative v. Bd. of State Canvassers, 708 N.W.2d 139 (Mich. Ct. App. 2006).
· cites it 11× “In its answer to the complaint, the board acknowledges that it has a duty to issue an official declaration regarding the sufficiency of MCRI’s petition pursuant to MCL 168.476 and 168.477, and contends that it attempted to fulfill its legal duty by listening to testimony,…”
Stand Up for Democracy v. Sec'y of State, 822 N.W.2d 159 (Mich. 2012).
· cites it 2× “Finally, a majority of this Court holds that plaintiff is entitled to a new writ of mandamus requiring the Board of State Canvassers to certify its petition as sufficient.”
Protecting Michigan Taxpayers v. Bd. of State Canvassers, 919 N.W.2d 677 (Mich. Ct. App. 2018).
· cites it 3× “Those who commit knowing and intentional violations of its commandments are subject to having their gathered signatures or their candidacy disqualified: If after a canvass and a hearing on a petition under [ MCL 168.476 or MCL 168.552 ] the board of state canvassers determines…”
Citizens for Prot. of Marriage v. Bd. of State Canvassers, 688 N.W.2d 538 (Mich. Ct. App. 2004).
“MCL 168.476; Ferency v Secretary of State, 409 Mich 569 ; 297 *493 NW2d 544 (1980); Council About Parochiaid v Secretary of State, 403 Mich 396 ; 279 NW2d 1 (1978); Leininger v Secretary of State,”
Wolverine Golf Club v. Sec'y of State, 180 N.W.2d 820 (Mich. Ct. App. 1970).
“…was to be decided at least two months before the election. PA 1941, No 246, §§ 6, 7 (PA 1954, §§ 476, 477 [MOLA §§ 168.476, 168.477; Stat Ann 1956 Eev § § 6-.1476, 6.1477]), repeats this language. The 1963 Constitution, art 12, § 2, changes this time to 60 days as to…”
MCRI v. Bd. of State Canvassers, 716 N.W.2d 590 (Mich. 2006).
“" MCL 168.476(1). Therefore, once the BSC determined that there was a sufficient number of valid signatures, the BSC was obligated to certify the petition.”
Unlock Michigan v. Bd. of State Canvassers (Mich. 2021).
· cites it 5× “” MCL 168.476(1). In doing so, the Board may use “[t]he qualified voter file” and “the registration records by the clerk of any political subdivision” in order “to determine the validity of petition signatures by verifying the registration of signers and the genuineness of…”
Beechnau v. Sec'y of State, 201 N.W.2d 699 (Mich. Ct. App. 1972).
“MCLA 168.476; MSA 6.1476 sets forth the duties of the State Board of Canvassers.”
— Mich. Comp. Laws § 168.476(1) — 11 cases
Nat'l Pride at Work, Inc v. Governor, 748 N.W.2d 524 (Mich. 2008).
“67a-68a, reproducing the transcript of the August 23, 2004, hearing. [24] Id. at 69a. [25] Charisese Jones, Gay marriage on ballot in 11 states, USA Today, October 15, 2004, p.”
Michigan Civil Rights Initiative v. Bd. of State Canvassers, 708 N.W.2d 139 (Mich. Ct. App. 2006).
“In its answer to the complaint, the board acknowledges that it has a duty to issue an official declaration regarding the sufficiency of MCRI’s petition pursuant to MCL 168.476 and 168.477, and contends that it attempted to fulfill its legal duty by listening to testimony,…”
Protecting Michigan Taxpayers v. Bd. of State Canvassers, 919 N.W.2d 677 (Mich. Ct. App. 2018).
“Those who commit knowing and intentional violations of its commandments are subject to having their gathered signatures or their candidacy disqualified: If after a canvass and a hearing on a petition under [ MCL 168.476 or MCL 168.552 ] the board of state canvassers determines…”
MCRI v. Bd. of State Canvassers, 716 N.W.2d 590 (Mich. 2006).
“" MCL 168.476(1). Therefore, once the BSC determined that there was a sufficient number of valid signatures, the BSC was obligated to certify the petition.”
Unlock Michigan v. Bd. of State Canvassers (Mich. 2021).
“” MCL 168.476(1). In doing so, the Board may use “[t]he qualified voter file” and “the registration records by the clerk of any political subdivision” in order “to determine the validity of petition signatures by verifying the registration of signers and the genuineness of…”
— Mich. Comp. Laws § 168.476(2) — 5 cases
Michigan Civil Rights Initiative v. Bd. of State Canvassers, 708 N.W.2d 139 (Mich. Ct. App. 2006).
“In its answer to the complaint, the board acknowledges that it has a duty to issue an official declaration regarding the sufficiency of MCRI’s petition pursuant to MCL 168.476 and 168.477, and contends that it attempted to fulfill its legal duty by listening to testimony,…”
Unlock Michigan v. Bd. of State Canvassers (Mich. 2021).
“” MCL 168.476(1). In doing so, the Board may use “[t]he qualified voter file” and “the registration records by the clerk of any political subdivision” in order “to determine the validity of petition signatures by verifying the registration of signers and the genuineness of…”
— Mich. Comp. Laws § 168.476(3) — 2 cases
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