Presentation to the Michigan Association of Municipal Clerks. Governmental Consultant Services, Inc.

Transcription

1 Presentation to the Michigan Association of Municipal Clerks Governmental Consultant Services, Inc.

2 The 97 th Legislature Winding Down STATE SENATE 26 to 12 Seat Republican Majority 7 of 38 Members Termed Out HOUSE OF REPRESENTATIVES 59 to 51 Seat Republican Majority 27 of 110 Members Termed Out ALL STATE OFFICES ON THE BALLOT

3 House Majority Leadership Speaker Jase Bolger (R-Marshall) Majority Floor Leader Jim Stamas (R-Midland)

4 Senate Majority Leadership Majority Leader Randy Richardville (R-Monroe) Majority Floor Leader Arlan Meekhof (R-Olive Twp.)

5 Senate Local Government & Elections Committee Dave Robertson (R-Grand Blanc), Chairman Arlan Meekhof (R-West Olive) Jack Brandenburg (R- Chesterfield Township) Coleman Young (D-Detroit)

6 House Elections & Ethics Committee Lisa Lyons (R-Alto), Chair Kevin Cotter (R-Mt. Pleasant) Ken Yonker (R-Caledonia) Kurt Heise (R-Plymouth) Mike Callton (R-Vermontville) Rick Outman (R-Six Lakes)* Harold Haugh (D-Roseville) Marilyn Lane (D-Fraser) Andy Schor (D-Lansing)

7 Public Acts of Interest

8 PAs 199 & 201 of 2013: Permits e-filing of court documents by granting SCAO the ability to require all writs, process, proceedings, and records in any court to be made out in the manner and on any medium authorized by Supreme Court rules. Allows that an electronic signature on any document filed with or created by a court is considered a true signature of the document. The bills also grant SCAO the ability to establish a record retention schedule for all court records, regardless of medium. PA 252 of 2013: Doubles maximum amounts individuals and PACs can contribute to all state offices, thereby doubling the current limits for all local offices. Previously, an individual could contribute no more than $500 to a state representative candidate and under the new Act, that increases to $1000. Existing law provides that Independent PACs can contribute up to ten (10) times the individual limit. Therefore, a PAC organized as an independent committee could contribute up to $10,000 to the same state representative candidate and up to $20,000 to a state senate candidate.

9 PA 252 cont.: Additionally, future lawmakers conceivably will never need to revisit this issue as the maximum contribution amounts will now be indexed for inflation every 4 years to the nearest $25 increment. Codifies the bright line test of what is considered express advocacy regulated under the Act versus issue advocacy, which is exempted. Communications, known as issue advocacy, will be required to include a disclosure statement of the group paying for the ad, but will not be required to file committee statements under the Act which would include identifying donors. The disclosure requirement applies to all forms of political advocacy appearing within 60 days of a general election (30 days before a primary) that includes a mention of a candidate by name or a ballot issue. Requires two additional report filings for candidates in the years that they are not on the ballot.

10 PAs of 2013: Amend the Michigan Election Law and various statutes to make filing deadlines for various local ballot questions consistent by establishing 4 p.m. on the 12th Tuesday before the election as the deadline. PA 258 of 2013: Permit a county clerk to require the electronic filing of campaign finance statements at local level if contributions or expenditures surpass a threshold of $1500 or $5000. Must be MDOS provided or approved software. PA 10 of 2014: Allows full-time college students to delay jury service if they can provide satisfactory proof to the chief judge that the jury service will likely interfere with the person s full-time studies.

11 Public Act 172 of 2013: as introduced, would have prohibited a county officer from suing the board of commissioners over a budgetary matter. As enacted, the bill maintains the ability to sue and codifies a presumption that the budget is at a serviceable level, but establishes some timelines and requires mediation before a suit proceeds to court. Public Act 84 of 2013: eliminated the requirement that an election be held to fill a county commission vacancy occurring in the odd year and allows for the county commission to appointment a replacement for the remainder of the unexpired term. Public Acts of 2013: eliminated all local boards of canvassers and transferred all of their functions to the county board of canvassers.

12 Legislation of Interest

13 HB 4835: Requires that candidates for elective office disclose prior felony convictions within the last 10 years on the Affidavit of Identity. The bill passed the House Referred to the Senate Local Government & Elections Committee. HB 4833: increases the cost of a recount from $10 to $25 per precinct when the vote differential between the top two candidates is less than 50 votes or.5 percent of the votes cast and establishes $125 per precinct fee for recounts that are outside of this range. The bill passed the House Referred to the Senate Local Government & Elections Committee. HB 4693: permits the delivery of the election night return envelopes to the county clerk the day following the election under certain circumstances. In the House Election & Ethics Committee.

14 HB 4878: amends the Election Law to permit the clerks of two jurisdictions to enter into voluntary arrangements to perform any election-related tasks. Agreements must be approved by each governing body and can be terminated by the clerks with 60 days notice. Agreements must be filed with the BOE and the county clerks of each jurisdiction participating. Also permits the BOE to enter into agreements with local clerks to perform QVF list maintenance. SB 546: makes several changes to the election of local library boards. Clarifies that a member of a library board organized under this Act must be at least 18 years of age and must be a registered voter and resident of the library area. Establishes that if a city or village holds elections every four years, that the term of a library board member will be four years. Finally, the bill clarifies that if a city or village moves to an even-year election date, that the library board would follow and move its date automatically. The bill passed the Senate unopposed.

15 HB 4887: as introduced, the bill limits all millage elections to the November even date. A substitute version would limit all new millage elections to the August or November even- or odd-year election dates, but would not impact existing millage extensions or renewals. This bill is in the House Election & Ethics Committee. HB 4001: amends FOIA to require estimated costs be broken out into several categories, including labor for copying, labor for searching and labor for redacting. Limits copying to 10 cents per page and enhances provisions to permit individuals to inspect records on-site and make their own copies. Reported from House Committee, awaiting a vote of the full-house. HB 5193: Currently under Open Meetings Act (MCL ), the officials of a public body may meet in a closed session "to consult with their attorney regarding trial or settlement strategy in connection with specific pending litigation, but only if an open meeting would have a detrimental financial effect on the litigating or settlement position of the public body. The bill would retain this provision; however, the bill specifies that "this subdivision does not authorize a closed meeting in connection with anticipated litigation.

16 HB 5152: amends the Election Code to clarify that an elector s signature on a petition is not valid is the elector did not sign the petition, include his/her address or date the petition. Additionally, corrects a technical problem dealing with vacancies that was created when the filing deadline was moved from the twelfth Tuesday to the fifteenth Tuesday. SB 467: amends the Election Code to expand the definition of Official State Identification. Under the legislation, additional pieces of identification include: expired drivers licenses, military ID, a Michigan Bridge Card, a paycheck, utility bill, a bank statement, a debit or credit card, a retirement center ID, a neighborhood association ID, a student ID, an employee ID, a permit to carry a weapon, or a unemployment benefits debit card. The bill does not stipulate that the IDs would need to include a picture of the person. In the Senate Local Government Committee.

17 HB 4478: permits a physically disabled voter to use a signature stamp to execute a AV application, ballot, register to vote, etc. as opposed to making a mark. This bill passed the House HB 4883: reverses the order of races that appear on the ballot by placing non-partisan first and then ordering offices from smallest to largest to combat voter falloff at the bottom of the ticket. In the House Election & Ethics Committee. HB 4363: amends the OMA to require that individuals be physically present at the meeting in order to cast a vote. This passed the House

18 Special Elections & Statewide Initiatives Sales tax expansion to enhance road funding? Approval of a Statewide Metropolitan Authority. (August 2014) A ballot initiative on wolf hunting (Nov. 2014) A ballot initiative to ban fracking. Two more ballot initiatives on wolf hunting. A ballot initiative to allow voters to challenge certain laws with appropriations.

19 Review of Public Acts & Legislation Enter the bill number, or Click on the link to Public Act (Signed Bills)

20 Review of Public Acts & Legislation View the bill as introduced; As passed by each chamber; The final Public Act; Bill analyses;

21 Thank You! It is my sincere pleasure to represent such a fine organization! Contact me at: 517/ zaagman.w@gcsionline.com