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MI HB6525

Bill

Status

Introduced

11/29/2022

Primary Sponsor

Jeffrey Pepper

Click for details

Origin

House of Representatives

101st Legislature

AI Summary

  • Creates a civil cause of action for persons who falsely state that a Michigan election was tainted by fraud, rigged, stolen, or similar allegations, if made with knowledge of falsity or reckless disregard for truth.

  • Allows election officials, employees, workers, and volunteers to bring civil suits; establishes an irrebuttable presumption that each such person suffered damages of at least $10,000.

  • Requires courts to award prevailing plaintiffs injunctive relief, damages of not less than $10,000, and actual costs plus attorney fees; denies defendants recovery of costs or attorney fees.

  • Eliminates traditional defenses including ignorance of law, belief that the statute is unconstitutional, reliance on overruled court decisions, ordinary negligence, and claims of protected free speech.

  • Preserves First Amendment protections through subsection (8); prohibits state intervention in actions but allows amicus curiae briefs; establishes a 2-year statute of limitations and treats false statements as willful and malicious injury under federal bankruptcy law.

Legislative Description

Civil procedure: civil actions; false allegations of election fraud; provide for a civil action for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.

Torts: liability

Last Action

Bill Electronically Reproduced 11/30/2022

11/30/2022

Committee Referrals

Judiciary11/29/2022

Full Bill Text

No bill text available