What is a Preliminary Exam?

What is a Preliminary Exam?

Michigan Preliminary Examinations

 The Strategic Gatekeeper
in Felony Defense

The Preliminary Examination as the First Line of Defense

In Michigan felony cases, the preliminary examination (PE) is the first—and often most decisive—opportunity to challenge the government’s case. Before a felony can advance to Circuit Court, the prosecution must show that a crime occurred and that probable cause exists to believe the defendant committed it. This hearing is the jurisdictional checkpoint that prevents unsupported or overcharged cases from moving forward.

Because the PE is designed as a screening mechanism, it becomes a critical moment for defense counsel to expose weaknesses, test the prosecution’s theory, and force the state to justify its charges under oath.

The Low Probable Cause Standard and Its Tactical Impact

The probable cause standard is intentionally minimal. It requires only a reasonable belief—not certainty, not even likelihood—that the defendant may have committed the offense. While a trial demands proof beyond a reasonable doubt, the PE requires only a fraction of that showing.

Magistrates are instructed to bind a case over unless the evidence is so unreliable or contradictory that no reasonable person could believe guilt is possible. This means close calls favor the prosecution. For the defense, this reality makes preparation and strategy essential. The low standard does not diminish the importance of the hearing—it heightens it.

Why Defense Should Almost Always Hold the PE

The document outlines several strategic advantages to holding the examination:

Locking in Testimony

Witnesses are often unprepared, making the PE the best opportunity to secure sworn statements for later impeachment.

Real Discovery

Police reports are “curated fiction.” The PE forces the prosecution to reveal actual evidence and witness performance.

Preserving Favorable Testimony

If a witness is recanting or wavering, the PE transcript preserves their statements even if they later disappear or change their story.

Assessing Witness Demeanor

The PE provides the first real look at how witnesses handle pressure.

The document also warns of risks—such as locking in damaging testimony or enabling prosecutors to add charges under People v Hunt—but concludes that for a specialist, the benefits overwhelmingly favor holding the exam.

Using the PE Transcript as a Strategic Weapon

Once the case reaches Circuit Court, the PE transcript becomes the backbone of post‑bindover litigation.

Motion to Quash

A magistrate’s factual findings are reviewed for abuse of discretion (People v Talley), while legal conclusions are reviewed de novo (People v Stone). This gives defense counsel a second chance to challenge weak evidence.

Motion to Suppress

Cross‑examination at the PE can establish the factual foundation for Fourth or Fifth Amendment challenges. The document notes that counsel should use the officer’s own testimony to show the defendant was not free to leave or was questioned without Miranda warnings.

The transcript reveals:

  • Inconsistencies between witness accounts

  • Missing elements of the offense

  • Hearsay issues

  • Weaknesses in the prosecution’s theory

  • Opportunities for impeachment

This early record often shapes the entire defense strategy.

Procedural Rules That Can Make or Break the Case

The PE is governed by strict jurisdictional timelines. The Probable Cause Conference must occur within 7–14 days of arraignment, and the PE must follow within 5–7 days unless “good cause” is shown. “Simple docket congestion” is not good cause and can justify dismissal.

The document also highlights MCL 766.11b, which allows lab and autopsy reports without live testimony—a rule upheld in People v Parker. Defense must object to preserve later challenges.

Outcomes and Final Recommendations

A PE typically ends in one of three results:

  • Bindover to Circuit Court

  • Reduction to a misdemeanor

  • Discharge for lack of probable cause

The document stresses that counsel must file a Motion to Quash immediately after receiving the transcript, citing People v Fleming, which holds that failing to challenge sufficiency in the trial court waives appellate review.

FAQs

What is the purpose of a preliminary examination?

It screens felony charges to ensure the prosecution has evidence of a crime and probable cause linking the defendant.

Is the probable cause standard high?

No. As the document notes, it is roughly a “3%” certainty threshold—far below the trial standard.

Should the defense waive the PE?

Generally no. The PE provides critical discovery, impeachment material, and strategic leverage.

Can the PE lead to additional charges?

Yes. Under People v Hunt, prosecutors may add charges if testimony supports them.

What happens if the magistrate makes a legal error?

Defense may file a Motion to Quash, which receives de novo review on legal issues.

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550

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Improper Transport of a Firearm in Michigan

Improper Transport of a Firearm in Michigan

Improper Firearms Transport, Storage Laws and Penalties

Michigan law makes improper gun transport a misdemeanor crime under MCL 750.227d. Firearms can be confiscated and sometimes not returned, but attorneys can file motions under Michigan Court Rules (MCR) to seek their release. Below is a clear overview of the law, penalties, procedures, and real case examples.

Michigan Improper Gun Transport Laws

Statute: MCL 750.227d 

Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

(1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

(a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

(i) Taken down.
(ii) Enclosed in a case.
(iii) Carried in the trunk of the vehicle.
(iv) Inaccessible from the interior of the vehicle.

(b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

(i) Taken down.
(ii) Enclosed in a case.
(iii) Carried in the trunk of the vehicle.
(iv) Inaccessible from the interior of the vehicle.

(2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

Type of Crime: Violations are classified as misdemeanors, not felonies

Penalties: Conviction may result in up to 90 days in jail, fines, and confiscation of the firearm

Handguns and Pistols are Different

In Michigan, improper storage and transportation of a pistol can lead to serious legal consequences. Here are the key points to consider:
Secure Storage: Firearms must be stored in a secure container that is fully enclosed and locked by a padlock, key lock, combination lock, or similar device. This is crucial to prevent unauthorized access, especially by minors.

Transportation Regulations: Firearms must be transported in a manner that ensures they are unloaded and inaccessible from the vehicle. This includes storing them in a locked box or container, carrying them in the trunk, or ensuring they are enclosed in a case designed for the gun.

Penalties: Violating these regulations can result in misdemeanor charges, with penalties including imprisonment for up to 90 days or a fine of up to $100.00. In more severe cases, such as when a minor is injured or killed, the penalties can escalate to felony charges with imprisonment for up to 15 years or a fine of up to $10,000.

It is essential for firearm owners in Michigan to comply with these laws to ensure public safety and prevent preventable harm. Failure to do so can lead to legal penalties and serious consequences.

Michigan Firearm Storage Penalties

What are the firearm storage requirements under Michigan’s safe storage law?

Read about it here

Why Firearms Are Confiscated and Not Returned

Courts or police may keep firearms when:

  • The weapon was involved in a crime.
  • The owner is prohibited from possessing firearms due to felony conviction or protective orders.
  • Under Michigan’s Extreme Risk Protection Order (ERPO) law, guns can be seized if someone is deemed a danger.
  • Or because they want to

Michigan – Felons, Non Felons and Domestic Violence.

In Michigan, individuals who are not felons and have not been convicted of specified felonies may still face restrictions on their firearm rights. The state has a criminal statute that prohibits convicted felons and people convicted of crimes of domestic violence from possessing firearms. The statute is MCL 750.224f, which effectively removes firearm rights for those convicted of specific felonies.

For non-felons, the process to restore firearm rights involves waiting three years after completing all penalties for the conviction, which includes paying fines, serving incarceration, and completing probation or parole. If the individual meets these requirements, their firearm rights will be automatically restored after three years.

However, for specified felonies, the process is more complicated. Individuals must wait five years after paying all fines, serving all terms of imprisonment, and completing probation or parole before they can petition the circuit court for restoration of their firearm rights. The court will consider various factors, including rehabilitation and public safety concerns, before making a decision.
It is important for individuals to understand the specific laws and processes that apply to their situation to ensure they can successfully restore their firearm rights.

MSP Legal Update 2023 regarding MCL 750.224f

Procedures Attorneys Use to Seek Return

An attorney may:

  • File a motion for return of property under MCR 6.310 (post-conviction relief).
  • Petition the court under MCR 2.604 for property release if the case is dismissed.
  • Provide proof of lawful ownership and eligibility to possess firearms.
  • Challenge confiscation under constitutional grounds if rights were violated.

What Needs to Be Filed

Motion for Return of Property (citing MCR rules).

  • Supporting documents: proof of ownership, CPL license if applicable, and evidence of compliance with firearm laws.
  • In ERPO cases, attorneys may file a motion to terminate the order.

Case Examples

People v. Schultz (2020) – Court addressed restoration of firearm rights after felony conviction. Benchbook

Battle Creek ERPO Case (2024) – Guns seized from a man threatening his wife; court upheld confiscation. (News Article)
Extreme Risk Protection Order (ERPO) Manual.

Oakland County Case (2025) – Defendant convicted of improper transport; firearm not returned due to violation of MCL 750.227d (court record reference).

Frequently Asked Questions (FAQs)

 

Q: Is improper gun transport in Michigan a felony?

A: No, it is a misdemeanor under MCL 750.227d.

Q: Can my gun be taken even if I wasn’t convicted?

A: Yes, under ERPO laws or if police believe the firearm is evidence.

Q: What Michigan Court Rule applies to getting property back?

A: Attorneys often use MCR 6.310 or MCR 2.604 to file motions for return.

Q: How long can the court keep my firearm?

A: Until the case is resolved or until a judge orders its release.

Q: Do I need a lawyer to get my gun back?

A: Yes, because the process involves legal filings and hearings that require professional representation.

Legal Defense: Komorn Law PLLC

If you or someone you know is facing firearms related charges,  Attorney Michael Komorn is an aggressive defense and offense advocate. If you are looking to fight a firearms charge from criminal allegations or out of the principle of second amendment rights, hire Komorn Law.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Miranda v Arizona

Miranda v Arizona

Case Summary

Miranda v. Arizona established that before police conduct custodial interrogation, they must advise suspects of their rights: the right to remain silent, that statements may be used against them, and the right to an attorney. These “Miranda warnings” became a constitutional safeguard against compelled self‑incrimination.

Background

Ernesto Miranda was arrested in Phoenix for kidnapping and rape. After two hours of interrogation in a closed room, he signed a confession. He had not been told he could remain silent or request counsel. His conviction relied heavily on that confession.

Lower and Higher Court Opinions

The Arizona Supreme Court upheld the conviction, reasoning that Miranda never explicitly requested a lawyer and that the confession appeared voluntary. The U.S. Supreme Court reversed, holding that custodial interrogation is inherently coercive and that procedural safeguards are required to protect the Fifth Amendment privilege.

What’s at Stake

Miranda reshaped American policing. It ensures that confessions are the product of free choice, not pressure. It also provides courts with a clear standard for evaluating admissibility.

In Closing

Miranda remains one of the most recognized criminal procedure cases in American history, balancing law enforcement needs with constitutional protections.

Miranda v. Arizona, 384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602, 1966 U.S. LEXIS 2817, SCDB 1965-122 (1966)

Jun 13, 1966 · Supreme Court of the United States · No. 759
384 U.S. 436, 16 L. Ed. 2d 694, 86 S. Ct. 1602, 1966 U.S. LEXIS 2817, SCDB 1965-122

Frequently Asked Questions (FAQs)

 

Q: What counts as “custody”?
A: When a reasonable person would not feel free to leave.

Q: Are Miranda warnings required during traffic stops?
A: Usually no, because they are temporary and non‑custodial.

Q: Can a suspect stop questioning after it begins?
A: Yes, by invoking silence or counsel.

Q: Can unwarned statements ever be used?
A: Sometimes for impeachment, but not in the prosecution’s case‑in‑chief.

Q: Do officers need to repeat warnings?
A: Only if circumstances change significantly.

Related Information, Laws, Articles

Komorn Law, founded in 1993, brings decades of seasoned experience to Michigan’s most complex criminal and regulatory matters, including the evolving cannabis framework from the MMMA to today’s MRTMA landscape. The firm represents clients facing controlled‑substance offenses, DUI and drug‑related driving charges, firearm violations, property crimes, resisting or obstructing, and the most serious allegations such as manslaughter and homicide. With a proven record in courts across Michigan and the federal system, Komorn Law delivers strategic, relentless advocacy when the stakes are highest. To work with a firm that truly refuses to back down, call  248-357-2550

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Your Voice, Your Rights: Understanding the First Amendment in Michigan

Freedom of Speech – The First Amendment

This right is not really absolute

In a world filled with diverse opinions and constant communication, knowing your fundamental rights is more important than ever.

In Michigan, residents are protected by robust free speech rights, ensuring they can express themselves, practice their beliefs, gather peacefully, and seek information without undue government interference.

This article will break down what these rights mean for you in Michigan and provide key information to help you understand your protections.

The First Amendment to the United States Constitution is a cornerstone of American liberty, ratified in 1791 as part of the Bill of Rights. It prohibits the government from making laws that establish a religion, interfere with the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, or obstruct the right to peaceably assemble and petition the government for a redress of grievances. While a federal protection, its principles are also deeply embedded in Michigan’s own Constitution, offering further safeguards for its citizens.

Here are some key facts about your First Amendment rights in Michigan:

 

Freedom of Speech:

  • What it means: You have the right to express your thoughts, opinions, and beliefs through spoken words, written words, and symbolic actions without government censorship or punishment. This applies to a wide range of topics, including political views, social commentary, and artistic expression.
  • Michigan Law: Article I, Section 5 of the Michigan Constitution states: “Every person may freely speak, write, express and publish his views on all subjects, being responsible for the abuse of such right; and no law shall be enacted to restrain or abridge the liberty of speech or of the press.”
  • Michigan Constitution: Michigan Legislature – Constitution of Michigan of 1963, Article I, Section 5
  • Limitations: This right is not absolute. It does not protect speech that incites violence, defamation (false statements that harm a person’s reputation), true threats, obscenity, or speech that directly incites imminent lawless action.

Freedom of the Press:

  • What it means: The media (newspapers, TV, online platforms, independent journalists) has the right to gather and report news and information without government interference. This is crucial for holding those in power accountable.

  • Michigan Law: This freedom is also protected under Article I, Section 5 of the Michigan Constitution, alongside freedom of speech.

  • Source: Michigan Legislature – Constitution of Michigan of 1963, Article I, Section 5

  • Related Law – Freedom of Information Act (FOIA): Michigan’s FOIA (MCL 15.231 et seq.) gives citizens the right to access public records from government bodies, promoting transparency and aiding the press in its watchdog role.

  • Source: Michigan Legislature – FOIA (Act 442 of 1976)

Freedom of Assembly:

  • What it means: You have the right to gather peacefully with others to express your views, protest, or discuss issues. This includes peaceful demonstrations, rallies, and public meetings.

  • Michigan Law: Article I, Section 3 of the Michigan Constitution states: “The people have the right peaceably to assemble, to consult for the common good, to instruct their representatives and to petition the government for redress of grievances.”

  • Source: Michigan Legislature – Constitution of Michigan of 1963, Article I, Section 3

Local Regulations

  • Detroit Example: While the right to assembly is protected, local governments (like the City of Detroit, which is in Wayne County) can impose reasonable “time, place, and manner” restrictions to ensure public safety and order. For example, permits might be required for large gatherings, or certain areas might be designated for protests to avoid obstructing traffic.

  • Source: Detroit Police Department – First Amendment Activities Policy (See Section 302.6)

Freedom to Petition the Government:

  • What it means: You have the right to ask the government to address your concerns or change laws. This can be done through letters, petitions, or by directly communicating with elected officials.

  • Michigan Law: This is also enshrined in Article I, Section 3 of the Michigan Constitution, alongside freedom of assembly.

  • Source: Michigan Legislature – Constitution of Michigan of 1963, Article I, Section 3

Facing State or Federal Charges?

When your constitutional rights are on the line, especially your First Amendment freedoms, you need a legal team that understands the nuances of the law and is ready to fight for you. Komorn Law, established in 1993, has the experience and expertise to navigate complex First Amendment cases in courts ranging from district to federal systems. Their dedication to protecting individual liberties is unwavering. So, when you’re ready to hire a lawyer who hates to lose, call our office at (248) 357-2550.

FAQs

Freedom of Speech in Michigan

Q: Can my First Amendment rights be restricted in Michigan?

A: Yes, your First Amendment rights are not absolute. They can be restricted in certain circumstances, such as if your speech incites violence, constitutes a true threat, defames someone, or if public safety is at risk during an assembly. Restrictions must generally be “content-neutral” and apply equally to everyone.

Q: Does my First Amendment right to free speech apply to private companies or social media platforms?

A: Generally, no. The First Amendment protects you from government censorship. Private companies, including social media platforms, are not bound by the First Amendment and can set their own rules for content on their platforms.

Q: What should I do if I believe my First Amendment rights have been violated in Michigan?

A: If you believe your First Amendment rights have been violated by a government entity or official, it is crucial to seek legal advice. An attorney specializing in civil rights can assess your situation and help you understand your options, which may include filing a lawsuit.

Komorn Law, established in 1993, has the experience and expertise to fight your case in a court of law. So when you’re ready to hire a lawyer who steps in the ring to fight, call our office at (248) 357-2550.

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Resisted Arrest? – Better Call Komorn

What Are Your Rights Before And After Arrest?

What Are Your Rights Before And After Arrest?

What are your rights before and after arrest?

Generally, police require a search warrant to lawfully enter any private premises or to search electronic devices such as your phone or computer.

If the police do not possess a search warrant, you are under no obligation to permit them entry into your home, garage, vehicle, or any other private space that is not accessible to the public.

Conversely, if they present a warrant, you should comply by allowing them to search the specific items or areas detailed within the warrant, as the scope of their search is typically confined to those terms.

Anything you say will be twisted into their narrative and used against you

While the police are conducting their search, you can ask if you can watch them as they complete it. That is… if you’re not facedown on the floor and handcuffed.

You can also ask if you can call a lawyer even if you’re facedown in the dirt and handcuffed.

They probably will not allow it so remain silent and assert your 5th amendment. Anything you say will be twisted into their narrative and used against you.

Before they begin. Police should give you a list of everything that they take as evidence when they complete their search.

They should also leave a copy of the warrant or other document that allowed the search.

Of Course There’s Exceptions

Anything you say will be twisted into their narrative and used against you

The Fifth Amendment

The Fifth Amendment ratified in 1791 is supposed to protect citizens from government overreach.

Protections

  • Due process: Requires notice and a hearing before taking away life, liberty, or property
  • Self-incrimination: Prevents being forced to testify against oneself in a criminal case
  • Double jeopardy: Prevents being tried twice for the same crime
    Grand jury: Requires an indictment by a grand jury before being tried for a serious crime
  • Takings: Requires just compensation when the government takes private property for public use

Other protections

  • Equal protection before the law
  • Financial compensation when the government takes private property

The Fifth Amendment draws its roots from English common law, with the grand jury clause tracing back to the Magna Carta, a historic document that safeguarded individuals against unjust prosecution by the English monarchy.

Miranda Rights

When you are arrested by the police, it is their legal obligation to inform you of your Miranda rights.

The most common version of Miranda rights is:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.

You may encounter an alternative perspective, yet it must uphold the same rights.

You are not obligated to answer questions following your arrest, as both police and prosecutors cannot compel you to do so, and this right to remain silent is protected under the Fifth Amendment of the U.S. Constitution.

You are entitled to have legal representation with you when communicating with law enforcement or the prosecutor. When you are sitting in the “interview room”

This includes any oral or written statements you make.

Your right to a lawyer is guaranteed by the Sixth Amendment to the U.S. Constitution.

Michigan law guarantees that anyone suspected of committing a crime who wants a lawyer can get one, regardless of their ability to pay.

You must clearly and specifically ask for a lawyer to have one present during police questioning.

If you are charged with a crime

If you are charged with a crime, your right to a lawyer continues throughout the process. You find out what crime(s) you are charged with at an arraignment. At this point you become the defendant in the case. You’re part of the State of Michigan  family now.

So call us because you don’t want to be a part of that family.

Komorn Law (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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In Case You Missed It

November 30, 2023

“Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last year when they overwhelmingly passed Proposal 2, and now we are building on that effort. By banning deepfakes and AI in campaign advertisements, criminalizing violence towards election workers, and allowing souls to get to the polls, we are making our sure every Michigander’s vote is cast and counted.”

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Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

“This is a great day for democracy and for the people of Michigan,” said Secretary of State Jocelyn Benson. “I’m grateful to the Governor and to our legislative partners doing the thoughtful, collaborative work to make our elections safer and more accessible for all citizens. With these new tools we are well-prepared to administer secure and fair elections in 2024 and to preserve the strength of Michigan’s democratic process for future generations.”

Protecting Election Workers and Officials

House Bill 4129, sponsored by state Representative Kara Hope, guarantees protection under the law for Michiganders from the actions of intimidating an election official and preventing an election official from performing the official’s duties during an election and enforces a corresponding criminal penalty.

Senate Bill 505, sponsored state Senator Dayna Polehanki, would prescribe a maximum felony penalty of five years for individuals engaging in activity that would prevent or prohibit election workers from doing their jobs.

Improving Election Efficiency

Senate Bill 385, sponsored by state Senator Erika Geiss, amends Michigan Election Law making it easier for Michiganders to participate in the Democratic process as an election inspector by allowing them to file an application online, which will also save counties, cities, and townships money on paperwork.

“At the heart of our democracy is the essential right to vote. Today, with House Bills 4983 and 4695, we’re making it easier to exercise that right,” said state Representative Penelope Tsernoglou (D-East Lansing).  “These bills speak to our collective responsibility to uphold the democratic values that define us.

House Bill 4569, sponsored by state Representative Betsy Coffia, allows for preregistration of an applicant that is at least 16 years old but not older than 17 and a half, so that the Secretary of State can process their voter registration in that eligible election year. 

“Allowing young people to pre-register to vote — particularly while they’re learning about civics and the democratic process in school — will undoubtedly increase participation in our elections by ensuring when they are legally eligible to vote at 18, they will be all set to become a lifelong voter,” said State Representative Betsy Coffia (D-Traverse City)

Voter Registration

Senate Bill 594, sponsored by state Senator Jeremy Moss will expand voter registration options for citizens by allowing folks to register to vote using the last four digits of their social security number which is commonly used as a secure method in other areas of government.

House Bills 4983, 4984, 4985, and 4986 further expands Michigan’s automatic voter registration process.

House Bill 4983 requires the Secretary of State to register any person who applies for a license or ID card who is eligible to register to vote and to send that applicant a notice of registration with an instruction on how to decline that registration.

Don’t do what you do

House Bills 5143, sponsored by state Representative Matthew Bierlein, defines “artificial intelligence” under the Michigan Campaign Finance Act. 

“Artificial Intelligence is a rapidly evolving technology. As we go forward, it’s going to have an even greater impact on our elections process and how people consume political information leading up to elections,” said state Representative Matthew Bierlein (R-Vassar). “Transparency is crucial as this technology moves forward and I’m looking forward to working with my colleagues across the aisle on a bipartisan package to address these evolving concerns.”

House Bill 5144, sponsored by state  Representative Penelope Tsernoglou, makes it a crime for a person to knowingly distribute materially deceptive media generated by artificial intelligence if they do so with the intent of harming the reputation or electoral prospects of a candidate in an election occurring within 90 days and deceiving voters into falsely believing that the depicted individual engaged in the fake speech or conduct, and the distribution is reasonably likely to have that result.

House Bill 5145, sponsored by Representative Noah Arbit (D-West Bloomfield), adds a felony sentencing guideline for a person who violates House Bill 5144 more than once within five years.

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