2023 House Bill 4568 / Public Act 185

Elections: offenses; prohibition on the hiring of transportation assistance to the polls; eliminate.

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 section 931 (MCL 168.931), as amended by 1996 PA 583.

House Fiscal Agency Analysis

House Bill 4568 would eliminate the Michigan Election Law’s prohibition on hiring transportation to bring voters to a polling place.

Introduced in the House

May 16, 2023

Introduced by Rep. Karen Whitsett (D-4) and 38 co-sponsors

Co-sponsored by Reps. Julie Rogers (D-41), Penelope Tsernoglou (D-75), Natalie Price (D-5), Erin Byrnes (D-15), Carrie Rheingans (D-47), Joey Andrews (D-38), Jimmie Wilson (D-32), Rachel Hood (D-81), Laurie Pohutsky (D-17), Jennifer Conlin (D-48), Jason Hoskins (D-18), Julie Brixie (D-73), Mike McFall (D-8), Denise Mentzer (D-61), Kara Hope (D-74), Kelly Breen (D-21), Noah Arbit (D-20), Sharon MacDonell (D-56), Dylan Wegela (D-26), Phil Skaggs (D-80), Reggie Miller (D-31), Emily Dievendorf (D-77), Helena Scott (D-7), Jason Morgan (D-23), Stephanie Young (D-16), Matt Koleszar (D-22), Regina Weiss (D-6), Alabas Farhat (D-3), Veronica Paiz (D-11), Felicia Brabec (D-33), Donavan McKinney (D-14), Samantha Steckloff (D-19), Betsy Coffia (D-103), Kimberly Edwards (D-12), Amos O’Neal (D-94), Cynthia Neeley (D-70), Kristian Grant (D-82) and Jasper Martus (D-69)

Referred to the Committee on Elections

June 6, 2023

Reported without amendment

Sept. 14, 2023

Amendment offered by Rep. Rachelle Smit (R-43)

1. Amend page 6, line 4, after “employment,” by inserting “(5) A person who hires a motor vehicle or other conveyance or cause the same to be done, for conveying no less than eight voters at any given time to an election shall not post, display, or distribute, any material that directly or indirectly makes reference to an election, a candidate, or a ballot question.”

The amendment failed by voice vote

Sept. 27, 2023

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Oct. 3, 2023

Referred to the Committee on Elections and Ethics

Oct. 11, 2023

Reported without amendment

Oct. 12, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported without amendment

Oct. 24, 2023

Amendment offered by Sen. Kevin Daley (R-26)

1. Amend page 5, following line 29, by inserting:

“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site must not have any political party or candidate branding or electioneering materials displayed in or on the vehicle. An individual who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.” and renumbering the remaining subsection.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Lana Theis (R-22)

1. Amend page 5, following line 29, by inserting:

“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site, or any individual who occupies that vehicle for hire, must not intimidate any elector by asking or requiring the elector to disclose the elector’s party affiliation, candidate preference, past election history, or voter registration status. An individual who violates this subsection is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.” and renumbering the remaining subsection.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Ed McBroom (R-38)

1. Amend page 5, following line 29, by inserting:

“(4) An individual who uses a vehicle for hire to transport electors to or from a polling place or early voting site, or any individual who occupies that vehicle for hire, must not do any of the following:

(a) Intimidate the driver or an occupant in that vehicle.

(b) Electioneer for a current candidate or issue.

(c) Wear clothing or materials to promote or disparage any current candidate or issue.

(d) Distribute or sell electioneering, promotional, or disparaging materials.

(5) An individual who violates subsection (4) is guilty of a misdemeanor punishable by a fine of not more than $2,000.00.” and renumbering the remaining subsection.

The amendment failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

Nov. 7, 2023