New laws in Michigan: recount of elections, ban on necrophilia

When Michigan state lawmakers left Lansing in June to take their summer break and campaign, they left behind a stack of bills for Governor Gretchen Whitmer to sign and sign into law.

Last month, she signed legislation to overhaul election recounts in Michigan, criminalize necrophilia, impose a minimum wage on wind and solar projects in the state, and ban gay and transgender defenses in criminal cases. The ban states that a person's sexual orientation or gender identity cannot be used as evidence in defense of a crime they are accused of.

In addition to the multitude of policy bills, Whitmer also signed budget bills for the upcoming fiscal year, which begins October 1. These provide funding to state departments and schools for new and old programs, while the other bills signed by Whitmer will initiate long-term changes.

A new law for recount

Two bills Whitmer signed on July 8 will make significant changes to the process for conducting election recounts in Michigan, but they won't take effect until after the Nov. 5 election.

The new recount law requires candidates and election boards requesting a recount to request a review of enough votes to change the election outcome. This came after recounts of the 2022 ballot proposals on abortion and voting rights failed to produce enough votes to potentially change the outcome, despite taxpayers having to foot a significant portion of the cost of the review. Members of the state's election board, which oversaw the recounts, criticized them at the time as frivolous.

Under the new law, poll workers can also recount votes in so-called unbalanced precincts if there is no explanation as to why the number of votes recorded in the electoral roll does not match the number of votes counted. Election experts attribute this decision to routine clerical errors in voting.

Michigan law currently broadly prohibits recounts of such precincts and is considered one of the strictest recount laws in the nation. It became a point of contention in 2020 when Republican members of the Wayne County Board of Canvassers initially refused to certify the election results, citing the number of unbalanced precincts in Detroit without providing an explanation.

Democrats, who control the state House and Senate, passed the recount bills despite unanimous Republican opposition. Republican lawmakers criticized them as an attempt to eliminate an avenue for investigating possible voter fraud, because the new law would require a candidate or election committee seeking a recount to claim an error in the results, not fraud.

Michigan criminalizes sex with a corpse

Whitmer also signed bills criminalizing necrophilia in Michigan.

The ban on necrophilia is called “Melody's Law,” named after Melody Rohrer, a retired nurse who was killed in 2021, according to a summary of the law. During the course of the investigation, prosecutors determined that sexually abusing a corpse is not a crime in Michigan, according to the summary. Under the new law, sex with a corpse will become a felony punishable by 15 years in prison and sexual contact will become a felony punishable by two years in prison. Offenders will be placed on Michigan's sex offender registry.

The legislative proposal was unanimously adopted in the state parliament and the new law will come into force on October 6.

The “Homeowners Energy Policy Act”

On a caucus vote, Democrats passed a bill that prohibits homeowners associations from banning their members from making extensive energy-saving improvements to their homes. The list of improvements that cannot be banned is long: clotheslines, air and ground source heat pumps, insulation and energy-efficient insulation materials, rain barrels, reflective roofs, energy-efficient appliances, solar water heaters, electric vehicle charging stations and energy-efficient windows.

The new law will also prohibit homeowners associations from banning the installation of solar energy systems. It will take effect 90 days after the state legislature adjourns.

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Unequal car payment rates

A bill signed by Whitmer would bring Michigan in line with most states that allow new-car purchase plans that include unequal payments, allowing consumers to pay higher amounts first and then reduce their payments, or vice versa.

According to testimony on the bill, Michigan was previously one of eight states that did not allow unequal car payments.

Contact Clara Hendrickson: [email protected] or 313-296-5743. Follow her on X, formerly Twitter, @clarajanehen.

Want to learn more about this year's election in Michigan? Read our voter guide, subscribe to our election newsletter, and feel free to share your thoughts in a letter to the editor.

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New laws in Michigan: recount of elections, ban on necrophilia

A new law for recount

Michigan criminalizes sex with a corpse

The “Homeowners Energy Policy Act”

Unequal car payment rates

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New laws in Michigan: recount of elections, ban on necrophilia

A new law for recount

Michigan criminalizes sex with a corpse

The “Homeowners Energy Policy Act”

Unequal car payment rates

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