Michigan Senate Committee Passes Bill to Bolster Penalties for Election “Misinformation”

The Michigan Senate Elections and Ethics Committee signed off on a measure that could levy fines on anyone who makes a “false statement or misrepresentation” about an election, but questions remain about some of the measure’s finer points. Violators who make an alleged false statement, including the election date, intending to impede or prevent someone else from voting would face a fine of up to $1,000 per violation. Senate Bill 707, co-sponsored by 9 Democrats, also proposes that employers face a fine of up to $10,000 if they employ someone for election-related purposes and violate the measure.

According to a Senate Fiscal Agency review, false statements include an election’s “time, place, or manner.” It could also apply to the qualifications for or restrictions on voter eligibility, criminal penalties tied to voting in an election and a voter’s eligibility or registration status. A statement or misrepresentation would be considered intentional if someone knew the statement or misrepresentation was false and intended to hinder or stop another individual from exercising the individual’s right to vote in an election.

However, critics question aspects of the bill, such as how officials would determine whether someone intentionally or accidentally shared inaccurate information. “One of the mistakes I’ve seen frequently when it comes to elections is people say you vote on the first Tuesday of November, and technically speaking, that’s not correct,” the Michigan Advance quoted state Sen. Ed McBroom, R-Vulcan, as saying. “How are we going to determine whether or not that was just typical carelessness and not understanding the nuance that it’s the first Tuesday after the first Monday, versus somebody who intentionally is trying to do this? That’s what I’m trying to drill down to.”

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