2023 Senate Bill 591 / Public Act 256

Civil procedure: writs; quo warranto; revise applicability for election lawsuits.

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 4501 and 4545 (MCL 600.4501 and 600.4545).

AI Analysis – Experimental

This legislation amends the 1961 PA 236, focusing on the organization, jurisdiction, and procedures of Michigan courts. Key provisions include allowing the attorney general to initiate quo warranto actions if warranted by the facts, with provisions for private individuals to bring such actions under certain conditions, except in cases related to the offices of electors of President and Vice President of the United States. Additionally, it outlines the process for bringing actions in circuit court concerning material fraud or error in elections related to constitutional amendments, questions, or propositions, excluding elections for public office. Actions must be initiated within 30 days of the election by specified officials or citizens, with procedures mirroring those for quo warranto actions.

Introduced in the Senate

Oct. 17, 2023

Introduced by Sen. Mary Cavanagh (D-6)

Referred to the Committee on Elections and Ethics

Oct. 25, 2023

Reported with substitute S-2

Oct. 31, 2023

Referred to the Committee of the Whole

Nov. 1, 2023

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Nov. 2, 2023

Passed in the Senate 20 to 18 (details)

Received in the House

Nov. 2, 2023

Referred to the Committee on Elections

Nov. 8, 2023

Discharged from committee

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

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023