Whereas, Pursuant to MCL 4.541, a select committee of the House of Representatives is authorized to . . .
. . . subpoena and have produced before [it], or inspect the records and files of any state
department, board, institution or agency; and it shall be the duty of any state department, board,
institution or agency to produce before the committee as required by the subpoena, or permit the
members of any such committee to inspect its records and files. Such records and files shall be
subpoenaed, examined or used only in connection with the jurisdiction and purposes for which
the committee was created.
; and
Whereas, Committees may be granted further subpoena powers by resolution. MCL 4.101 provides:
Committees and commissions of or appointed by the legislature may by resolution of the
legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books
and records of any persons, partnerships or corporations involved in a matter properly before any
of such committees or commissions. Any witness who neglects or refuses to obey a subpoena of
any of such committees or commissions, or who refuses to be sworn or testify, or who fails on
demand to produce any papers, books or documents touching any matter under investigation, or
any witness or attorney who is guilty of any contempt while in attendance at any hearing before
any of such committees or commissions, may be punished as for contempt of the legislature.
; and
Whereas, Rule 36 of the Standing Rules of the House of Representatives provides, in relevant part:
[T]he right of a special or standing committee to subpoena shall be granted by resolution of the
House in accordance with Mason’s Manual of Legislative Procedure - 2020 edition. The vote on
adoption of a subpoena power resolution shall be by record roll call vote. The votes of a majority
of the Members elected and serving shall be required for adoption.
; now, therefore, be it
Resolved by the House of Representatives, That a select committee on the rules and procedures of the Board of State Canvassers and the Bureau of Elections is created. The select committee shall consist of seven members of the House of Representatives appointed by the Speaker of the House, with five members from the House Republican Caucus and two members from the House Democratic Caucus. The Speaker of the House shall designate the chair, vice chair, and minority vice chair of the select committee; and be it further
Resolved, That, pursuant to MCL 4.541, the select committee may subpoena and have produced before it “the records and files of any state department, board, institution or agency” in connection with its jurisdiction; and be it further
Resolved, That, pursuant to MCL 4.101 and House Rule 36, the select committee is hereby granted the power to administer oaths, subpoena witnesses, and examine the books and records of any persons, partnerships, or corporations involved in a matter properly before the select committee; and be it further
Resolved, That the select committee shall consider legislation implementing changes to the rules and procedures of the Board of State Canvassers and the Bureau of Elections. The select committee shall conduct oversight of the Board of State Canvassers and the Bureau of Elections and gather facts on their rules, procedures, practices, and reports. The select committee may report to the House of Representatives a summary of its findings and conclusions and may favorably report any bill back to the House.
Offered
by
Adopted in the House 57 to 41 (details)