Michigan 2023-2024 Regular Session

Michigan House Bill HB4701

Introduced
6/6/23  
Refer
6/6/23  
Report Pass
6/13/23  
Engrossed
6/14/23  

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for certain Michigan election law violations; update references. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d). TIE BAR WITH: HB 4700'23

Impact

The impact of HB 4701 is significant as it seeks to reinforce the integrity of the electoral process by ensuring that penalties are appropriately aligned with the severity of election law violations. By clarifying and updating the sentencing guidelines, the bill is intended to deter individuals from engaging in fraudulent activities during elections, thereby enhancing public confidence in electoral outcomes. This change is crucial for maintaining the legitimacy of Michigan's democratic processes, especially in light of recent debates surrounding election security and integrity.

Summary

House Bill 4701 aims to update sentencing guidelines related to certain election law violations in Michigan. It amends Section 11d of Chapter XVII of the Michigan Compiled Laws, specifically addressing various offenses that undermine public trust in the electoral process. The bill enumerates multiple election-related felonies, such as signing petitions with multiple names and providing false statements during election processes, establishing a framework for how these crimes will be categorized and penalized in terms of severity and legal consequence.

Sentiment

The sentiment surrounding HB 4701 has been generally supportive among lawmakers who prioritize electoral integrity and transparency. Proponents argue that it is essential to hold individuals accountable for election offenses to protect the voting process from fraud and abuse. However, some concerns have been raised by critics regarding the potential for overly harsh penalties that might unjustly affect individuals, particularly in cases where the intent to commit fraud could be hard to prove. This division highlights a broader tension between ensuring rigorous electoral safeguards and maintaining fair practices for all voters.

Contention

A notable point of contention regarding HB 4701 revolves around the definitions of certain offenses and the implications of the updated penalties. Some legislators expressed concern that the bill could lead to disproportionate sentencing for individuals accused of minor infractions related to election procedures. Moreover, the necessity of a tie bar with another bill (HB 4700) signifies that the full implementation of HB 4701 is contingent upon further legislative action, indicating ongoing negotiations and considerations that may affect the final shape of the law.

Companion Bills

MI HB4700

Same As Elections: absent voters; signature matching and curing for absent voter ballot applications and absent voter ballot return envelopes; provide for, and provide for modifications to the absent voter ballot application and process. Amends secs. 759, 761 & 766 of 1954 PA 116 (MCL 168.759 et seq.); adds secs. 766a & 766b & repeals sec. 759c of 1954 PA 116 (MCL 168.759c). TIE BAR WITH: HB 4594'23, HB 4756'23

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