Michigan 2023-2024 Regular Session

Michigan House Bill HB5145

Introduced
10/12/23  
Refer
10/12/23  
Report Pass
10/17/23  
Engrossed
11/1/23  
Refer
11/2/23  
Report Pass
11/9/23  
Refer
11/9/23  
Report Pass
11/9/23  
Enrolled
11/9/23  
Chaptered
12/31/23  

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for certain election law offenses involving materially deceptive media and intimidating an election official; provide for. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d). TIE BAR WITH: HB 4129'23, HB 5144'23

Impact

If passed, HB 5145 will significantly impact the legal landscape surrounding elections in Michigan. It will clarify and reinforce the state's legal framework for prosecuting election-related offenses, ensuring that individuals engaging in unlawful conduct during elections face appropriate repercussions. This amendment also ties into a larger legislative package, implying a coordinated approach to election law reform, which may reshape the enforcement of electoral integrity in the state.

Summary

House Bill 5145 aims to amend the criminal procedure laws in Michigan, specifically focusing on sentencing guidelines for certain election law offenses. The bill introduces more stringent penalties for actions related to election integrity, such as distributing materially deceptive media and intimidating election officials. This legislative move is part of a broader effort to strengthen the integrity of elections and ensure the public's trust in the electoral process.

Sentiment

The sentiment surrounding HB 5145 is mixed. Proponents argue that the bill is a necessary step to combat growing concerns about election integrity and public trust. Supporters believe that imposing stricter penalties will deter illegal activities associated with elections. However, critics warn that the bill may inadvertently lead to voter intimidation or suppression, particularly in relation to the subjective nature of what constitutes 'deceptive media' or intimidation. This dichotomy showcases the tension between safeguarding election integrity and protecting voter rights.

Contention

Notable points of contention regarding HB 5145 include concerns over the broad definitions used within the bill, particularly around the concept of materially deceptive media. Opponents argue that the vague language could lead to misuse, where legitimate campaign activities could be penalized. Additionally, the escalation of penalties for intimidation of election officials raises alarms about potential chilling effects on voter engagement and election participation. The intense debate centers on finding a balance between ensuring fair elections and maintaining an inclusive electoral environment.

Companion Bills

MI HB4129

Same As 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.

MI HB5144

Same As Elections: offenses; penalties for distributing materially deceptive media; provide for, and provide procedure for enjoining materially deceptive media. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 932f.

Previously Filed As

MI SB0591

Civil procedure: writs; quo warranto; revise applicability for election lawsuits. Amends secs. 4501 & 4545 of 1961 PA 236 (MCL 600.4501 & 600.4545).

MI HB5143

Campaign finance: other; artificial intelligence; define. Amends sec. 2 of 1976 PA 388 (MCL 169.202). TIE BAR WITH: HB 5141'23

MI SB0570

Elections: election officials; county clerk to appoint a designee to conduct an election audit under certain circumstances; require. Amends sec. 31a of 1954 PA 116 (MCL 168.31a).

MI SB0590

Elections: other; contesting post-certification presidential election results; provide for. Amends sec. 13 of 1954 PA 116 (MCL 168.13) & adds sec. 845a.

MI SB0385

Elections: election officials; electronically submitting precinct election inspector applications; allow. Amends sec. 677 of 1954 PA 116 (MCL 168.677).

MI HB4129

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.

MI SB0505

Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations dealing with intimidating an election official; provide for. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d).

MI HB5144

Elections: offenses; penalties for distributing materially deceptive media; provide for, and provide procedure for enjoining materially deceptive media. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 932f.

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