Bill Text: MI HB4217 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections; recall; reference to local government and school district fiscal accountability act; provide for in the Michigan election law. Amends sec. 971 of 1954 PA 116 (MCL 168.971). TIE BAR WITH: HB 4214'11

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-03-17 - Assigned Pa 6'11 With Immediate Effect [HB4217 Detail]

Download: Michigan-2011-HB4217-Engrossed.html

HB-4217, As Passed Senate, March 9, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4217

 

February 9, 2011, Introduced by Reps. Pscholka and McMillin and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 971 (MCL 168.971), as amended by 2003 PA 302.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 971. (1) If the recall is successful, a special election

 

to fill the vacancy shall be held on the next regular election

 

date. The provisions in section 964 for calling and conducting of

 

the recall election govern the calling and conducting of the

 

election to fill the vacancy created, except as otherwise provided

 

in this section.

 

     (2) If the governor appoints a review team under the local

 

government fiscal responsibility act, 1990 PA 72, MCL 141.1201 to

 

141.1291, local government and school district fiscal


 

accountability act to perform the functions prescribed in that act

 

relative to a city, township, or village and an elected official of

 

the city, township, or village was the subject of a successful

 

recall, the officer with whom the recall petition was filed does

 

not have the authority to propose a date for a special election. If

 

the review team described in this subsection is appointed after the

 

officer submits a proposed special election date or the county

 

election scheduling committee schedules the special election as

 

required by subsection (1), but before the election is held, the

 

officer's or county election scheduling committee's action becomes

 

void when the review team is appointed. Within 5 days after the

 

review team described in this subsection reports its findings to

 

the governor as required by section 14 of the local government

 

fiscal responsibility act, 1990 PA 72, MCL 141.1214, section 13 of

 

the local government and school district fiscal accountability act,

 

the review team shall submit to the county election scheduling

 

committee a proposed date for the special election. A special

 

election scheduled under this subsection is subject to all of the

 

other provisions of subsection (1). This subsection applies to any

 

special election scheduled but not yet held before April 9, 2002.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4214(request no.

 

00011'11) of the 96th Legislature is enacted into law.

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