2023 House Bill 5144 / Public Act 265

Elections: offenses; penalties for distributing materially deceptive media; provide for, and provide procedure for enjoining materially deceptive media.

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,” (MCL 168.1 to 168.992) by adding section 932f.

AI Analysis – Experimental

Specifies penalties for felonies such as petition fraud, early voting result disclosure, filing false election statements, and various forms of election misconduct, including voter intimidation, ballot tampering, and absentee ballot fraud, with penalties ranging from 2 to 5 years.

Introduced in the House

Oct. 12, 2023

Introduced by Rep. Penelope Tsernoglou (D-75) and 34 co-sponsors

Co-sponsored by Reps. Carrie Rheingans (D-47), Natalie Price (D-5), Julie Rogers (D-41), Jennifer Conlin (D-48), Jasper Martus (D-69), Julie Brixie (D-73), Ranjeev Puri (D-24), Veronica Paiz (D-11), Kara Hope (D-74), Matt Bierlein (R-97), Bill Schuette (R-95), Helena Scott (D-7), Joey Andrews (D-38), Mike McFall (D-8), Felicia Brabec (D-33), Christine Morse (D-40), Matt Koleszar (D-22), Jim Haadsma (D-44), Jimmie Wilson (D-32), Emily Dievendorf (D-77), Jason Morgan (D-23), Joseph Aragona (R-60), Rachel Hood (D-81), Phil Skaggs (D-80), Erin Byrnes (D-15), Samantha Steckloff (D-19), Tyrone Carter (D-1), Sharon MacDonell (D-56), Jason Hoskins (D-18), Brenda Carter (D-53), Amos O’Neal (D-94), Cynthia Neeley (D-70), Nate Shannon (D-58) and Alabas Farhat (D-3)

Referred to the Committee on Elections

Oct. 17, 2023

Reported without amendment

Oct. 31, 2023

Substitute H-1 offered by Rep. Penelope Tsernoglou (D-75)

The substitute passed by voice vote

Nov. 1, 2023

Amendment offered by Rep. Jay DeBoyer (R-63)

1. Amend page 3, line 25, by striking out all of subdivision (a) and relettering the remaining subdivisions.

The amendment passed by voice vote

Passed in the House 60 to 50 (details)

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

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Referred to the Committee on Elections and Ethics

Nov. 8, 2023

Reported without amendment

Nov. 9, 2023

Referred to the Committee of the Whole

Reported with amendment

1. Amend page 3, following line 8, by inserting:

“(e) If the media was generated by editing an existing image, audio, or video, the media includes a citation directing the viewer or listener to the original source from which the unedited version of the existing image, audio, or video was obtained.”.

2. Amend page 5, line 14, by striking out the balance of the bill and inserting:

“(iii) Was produced by artificial intelligence as that term is defined in section 2 of the Michigan campaign finance act, 1976 PA 388, MCL 169.202.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 5143 of the 102nd Legislature is enacted into law.”.

Amendment concurred in by voice vote

Passed in the Senate 20 to 16 (details)

Received in the House

Nov. 9, 2023

Amendment concurred in 61 to 45 (details)

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023