Legislative Analysis
Phone: (517) 373-8080
TIME FRAME FOR ELECTION-RELATED LAWSUITS
http://www.house.mi.gov/hfa
House Bill 6053 (H-1) as reported from committee Analysis available at
Sponsor: Rep. Penelope Tsernoglou http://www.legislature.mi.gov
Committee: Elections
Complete to 12-7-24
SUMMARY:
House Bill 6053 would amend 1969 PA 161, which applies to certain election-related civil
actions filed before an election takes place. The act provides a rebuttable presumption that a
claim brought within 28 days before the election it relates to was unreasonably delayed and
should be denied by the court. (A rebuttable presumption can be overcome with evidence to
the contrary.) The bill would extend this time period to 45 days before the election date, expand
the election-related matters to which these provisions apply, and repeal a provision that
currently exempts claims related to state and local legislative actions.
Currently under the act, in a civil action brought in a Michigan circuit court that affects any of
the following, there is a rebuttable presumption of laches (a legal term meaning that a claim
was unreasonably delayed, to the detriment of the other party, and can be denied on that basis)
if the action is commenced less than 28 days before the date of the affected election:
• Elections.
• Dates of elections.
• Candidates.
• Qualifications of candidates.
• Ballots.
• Questions on ballots.
The bill would instead provide that, in a civil action brought in a Michigan court that affects
any of the following, there is a rebuttable presumption of laches if the action is commenced
less than 45 days before the date of the affected election:
• Elections.
• Dates of elections.
• Candidates.
• Qualifications of candidates.
• Ballots.
• Questions on ballots.
• Polling places, if established by the applicable deadline.
• Drop box locations, if established by the applicable deadline.
• Early voting locations, if established by the applicable deadline.
The act also now provides that it does not apply if a civil action is based on something the state
legislature or a county, city, village, or township legislative body did within 28 days before the
date of an election. The bill would repeal this provision.
MCL 691.1032
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
The bill would have no fiscal impact on the state or local units of government.
BRIEF DISCUSSION:
Supporters of House Bill 6053 argue that changing the deadline for a rebuttable presumption
of timeliness in election-related claims to 45 days before the election is necessary to align with
deadlines in state and federal law, particularly because the federal Uniformed and Overseas
Citizens Absentee Voting Act (UOCAVA) requires absentee ballots to be sent to military and
overseas voters at least 45 days before a federal election. Supporters suggest that the bill would
give clerks and voters more clarity about and confidence in election processes, as at 45 days
before an election, there should be a very compelling reason to file an action to change an
established procedure.
Opponents of the bill argue that the current deadline of 28 days is sufficient.
POSITIONS:
A representative of the Department of State testified in support of the bill. (11-12-24)
The following entities indicated support for the bill (11-12-24):
• American Civil Liberties Union of Michigan
• Voters Not Politicians
A representative of Pure Integrity for Michigan Elections testified in opposition to the bill.
(11-12-24)
Legislative Analyst: Holly Kuhn
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 6053 (H-1) as reported Page 2 of 2


Statutes affected:
Substitute (H-1): 691.1031
House Introduced Bill: 691.1031
As Passed by the House: 691.1031
As Passed by the Senate: 691.1031
House Concurred Bill: 691.1031