2023 House Bill 4128

Weapons: other; firearms within 100 feet of an absentee ballot counting board while ballots are being counted; prohibit.

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234d (MCL 750.234d), as amended by 1994 PA 158.

Official record

House Fiscal Agency Analysis

House Bills 4127 and 4128 would amend the Michigan Penal Code to make it illegal to possess a firearm at a polling place or at a counting board location, respectively. Violations would be punishable by up to 90 days’ imprisonment or a fine of up to $100, or both.

Introduced in the House

Feb. 22, 2023

Introduced by Rep. Stephanie Young (D-16) and 34 co-sponsors

Co-sponsored by Reps. Penelope Tsernoglou (D-75), Kara Hope (D-74), Samantha Steckloff (D-19), Carrie Rheingans (D-47), Mike McFall (D-8), Joey Andrews (D-38), Natalie Price (D-5), Jason Hoskins (D-18), Betsy Coffia (D-103), Will Snyder (D-87), Felicia Brabec (D-33), Jennifer Conlin (D-48), Jim Haadsma (D-44), Denise Mentzer (D-61), Noah Arbit (D-20), Dylan Wegela (D-26), Jimmie Wilson (D-32), Kelly Breen (D-21), Tullio Liberati (D-2), Erin Byrnes (D-15), Reggie Miller (D-31), Jason Morgan (D-23), Julie Brixie (D-73), Carol Glanville (D-84), Jasper Martus (D-69), Rachel Hood (D-81), Sharon MacDonell (D-56), Phil Skaggs (D-80), Christine Morse (D-40), Jaime Churches (D-27), Regina Weiss (D-6), Donavan McKinney (D-14), Amos O’Neal (D-94) and Abraham Aiyash (D-9)

Referred to the Committee on Elections

March 7, 2023

Reported without amendment

Nov. 9, 2023

Passed in the House 56 to 53 (details)

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

The motion prevailed by voice vote

Received in the Senate

Nov. 9, 2023

Referred to the Committee on Elections and Ethics

Feb. 21, 2024

Reported with substitute S-1

Feb. 22, 2024

Referred to the Committee of the Whole

Feb. 28, 2024

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

Feb. 29, 2024

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 3, line 9, after “officer” by striking out “acting in the course of the officer’s duties”.

2. Amend page 3, line 23, after “a” by striking out “uniformed”.

3. Amend page 3, line 24, after “officer” by striking out “acting in the course of the officer’s duties”.

The amendment failed by voice vote

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 3, following line 15, by inserting:

“(d) An individual conducting lawful, non-election-related business.”.

2. Amend page 3, line 23, by striking out all of subsection (7) and inserting:

“(7) Subsection (6) does not apply to any of the following:

(a) A law enforcement officer.

(b) An individual conducting lawful, non-election-related business.”.

The amendment failed by voice vote

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 3, line 16, after “Subsection” by striking out “(3)(c)” and inserting “(3)”.

The amendment passed by voice vote

Amendment offered by Sen. Jim Runestad (R-23)

1. Amend page 3, line 12, after “property” by inserting “or any other person who has permission to possess a firearm in that person’s residence or on that person’s private property”.

The amendment passed by voice vote

Amendment offered by Sen. Kevin Hertel (D-12)

1. Amend page 3, line 9, after “officer” by striking out “acting in the course of the officer’s duties”.

The amendment passed by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

March 5, 2024

Nov. 13, 2024

Substitute S-1 concurred in 56 to 53 (details)