2024 House Bill 5551 / Public Act 227

Elections: canvassing; eligibility requirements for members of the board of state canvassers and boards of county canvassers; modify.

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 22c and 24b (MCL 168.22c and 168.24b), section 22c as added by 1995 PA 261.

House Fiscal Agency Analysis

House Bill 5551 would amend the Michigan Election Law to prohibit an individual from serving on the Board of State Canvassers (BSC) or on a board of county canvassers if they have been convicted of certain election crimes. Currently, individuals are appointed to the BSC to serve a four-year term from a list of five nominees from each political party—three from the state party and two from the legislature. Individuals are appointed to county canvass boards for a four-year term from a list of three nominees submitted by each party. (During the appointment process, county boards of commissioners may request a nominee to provide information on whether they have been convicted of a felony or an election crime but are not required to do so.) Under House Bill 5551, an individual would be disqualified from serving either as a member of the Board of State Canvassers or as a member of a board of county canvassers if they have been convicted of an elections-related offense.

Introduced in the House

March 6, 2024

Introduced by Rep. Noah Arbit (D-20) and 34 co-sponsors

Co-sponsored by Reps. Penelope Tsernoglou (D-75), Alabas Farhat (D-3), Erin Byrnes (D-15), Jasper Martus (D-69), Kristian Grant (D-82), Helena Scott (D-7), Jimmie Wilson (D-32), Mike McFall (D-8), Denise Mentzer (D-61), Joey Andrews (D-38), Betsy Coffia (D-103), Sharon MacDonell (D-56), Felicia Brabec (D-33), Samantha Steckloff (D-19), Kelly Breen (D-21), Jenn Hill (D-109), Veronica Paiz (D-11), Jason Morgan (D-23), Emily Dievendorf (D-77), Kimberly Edwards (D-12), Rachel Hood (D-81), Carrie Rheingans (D-47), Jennifer Conlin (D-48), Jason Hoskins (D-18), Phil Skaggs (D-80), Carol Glanville (D-84), Tyrone Carter (D-1), Amos O’Neal (D-94), Cynthia Neeley (D-70), Natalie Price (D-5), Regina Weiss (D-6), Kara Hope (D-74), Dylan Wegela (D-26) and Laurie Pohutsky (D-17)

Referred to the Committee on Elections

March 19, 2024

Reported without amendment

June 20, 2024

Amendment offered by Rep. Steve Carra (R-36)

1. Amend page 3, following line 10, by inserting:

“Sec. 71. (1) A person Subject to subsection (2), an individual is not eligible to the offices office of secretary of state or attorney general if the person individual is not a registered and qualified elector of this state by the date the person individual is nominated for the office.

(2) An individual is not eligible to the office of secretary of state if that individual has been convicted of an election-related offense, as that term is defined in section 22c, or if that individual has lost a lawsuit involving an election.”.

The amendment failed by voice vote

Substitute H-3 offered by Rep. Noah Arbit (D-20)

The substitute passed by voice vote

Sept. 25, 2024

Passed in the House 56 to 50 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

Oct. 2, 2024

Referred to the Committee on Elections and Ethics

Dec. 20, 2024

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

Jan. 17, 2025