Bill Text: MI HB4217 | 2011-2012 | 96th Legislature | Enrolled
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-Enrolled.html
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2011
Introduced by Reps. Pscholka and McMillin
ENROLLED HOUSE BILL No. 4217
AN ACT to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” 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 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 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 House Bill No. 4214 of the 96th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
