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MI HB6525
Bill
Status
11/29/2022
Primary Sponsor
Jeffrey Pepper
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AI Summary
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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.
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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.
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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.
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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.
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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