2023 Senate Bill 529 / Public Act 269

Elections: presidential electors; certain provisions of the federal electoral count reform act; implement, clarify straight party ticket voting, modify the election tie-breaking procedure, revise the selection process for members of the board of state canvassers, and modify certain recount timelines.

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 22a, 22b, 46, 47, 581, 795c, 822, 842, 846, and 882 (MCL 168.22a, 168.22b, 168.46, 168.47, 168.581, 168.795c, 168.822, 168.842, 168.846, and 168.882), sections 22a and 22b as added and section 882 as amended by 1995 PA 261, section 46 as amended by 2002 PA 431, section 795c as amended by 2015 PA 268, section 822 as amended by 2018 PA 614, and section 842 as amended by 2018 PA 382, and by adding section 814.

House Fiscal Agency Analysis

Senate Bill 529 would amend the Michigan Election Law to align several of the act’s provisions with the federal Electoral Count Reform and Presidential Transition Improvement Act of 2022. Among other things, the federal law clarified the process for certifying each state’s slate of presidential electors and required a certificate of ascertainment of the electors to be issued by each state’s executive at least six days before the Electoral College meets (see Background, below). Senate Bill 529 would amend the state’s election law to reflect these changes and to make other modifications to the responsibilities of the governor, Board of State Canvassers (BSC), and boards of county canvassers during the canvass and certification process.

Introduced in the Senate

Sept. 26, 2023

Introduced by Sen. Jeremy Moss (D-7)

Referred to the Committee on Elections and Ethics

Oct. 4, 2023

Reported with substitute S-1

Oct. 10, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Elections

Oct. 31, 2023

Reported with substitute H-1

Nov. 8, 2023

Substitute H-1 concurred in by voice vote

Substitute H-2 offered by Rep. Penelope Tsernoglou (D-75)

The substitute passed by voice vote

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

Substitute H-2 concurred in 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023