Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0368

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

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for certain early voting violations under the Michigan election law; provide for. Amends sec. 11d, ch. XVII of 1927 PA 175 (MCL 777.11d). TIE BAR WITH: SB 0367'23

Impact

The enactment of SB 368 is expected to reinforce the legal framework surrounding elections in Michigan, particularly in terms of how certain offenses are prosecuted. By increasing penalties for election-related misconduct, the bill seeks to deter potential violations, thereby bolstering public confidence in the electoral process. Additionally, it emphasizes the seriousness of actions that undermine the integrity of elections, particularly regarding the integrity of petition processes and the accurate reporting of election results.

Summary

Senate Bill 368 amends the Michigan Code of Criminal Procedure, specifically section 11d of chapter XVII, to address various election-related offenses. The bill outlines the felonies associated with election misconduct, including signing petitions with multiple names, disclosing election results prematurely, and making false statements related to absentee voting. By updating these statutes, SB 368 aims to enhance the integrity of the electoral process and ensure compliance with Michigan's election laws. The proposed changes reflect a commitment to addressing and preventing fraudulent activities in the electoral system.

Sentiment

The sentiment around SB 368 appears to lean towards strengthening election integrity among supporters, who argue that robust measures against election fraud are necessary for maintaining citizen trust in governmental processes. Proponents herald it as a proactive step in safeguarding democracy, while detractors may express concerns about the implications for voter access and the perceived overreach of criminalizing certain election-related actions. This highlights a continuing debate over balancing election security and ensuring fair access to voting.

Contention

During discussions about SB 368, notable points of contention arose regarding the scope of the bill and its potential impact on voters' rights. Critics raised concerns that the bill could inadvertently penalize legitimate voters for minor infractions while paving the way for stricter enforcement measures that may disproportionately affect communities with diverse voting practices. As lawmakers deliberate on these matters, the balance between maintaining electoral integrity and protecting voter rights remains a critical focus.

Companion Bills

MI SB0367

Same As Elections: voting procedures; early voting procedures; provide for, allow processing and tabulation of absent voter ballots during the early voting period, and allow an absent voter to tabulate the absent voter's ballot in person at a polling place or early voting site. Amends secs. 570, 662, 668b, 674, 736b, 736c, 736d, 736e, 764a, 764b, 764d, 765, 765a, 765b, 768, 769, 795b, 797a, 798b & 805 of 1954 PA 116 (MCL 168.570 et seq.); adds secs. 8, 523b, 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, 720j, 765c & 768a & repeals secs. 14b, 24k & 767 of 1954 PA 116 (MCL 168.14b et seq.) TIE BAR WITH: SB 0370'23, HB 4697'23

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