Bill Text: MI HB4560 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Elections; recall; recall petitions and procedures; revise. Amends secs. 951, 952 & 957 of 1954 PA 116 (MCL 168.951 et seq.) & adds sec. 952b.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-12 - Printed Bill Filed 03/12/2009 [HB4560 Detail]

Download: Michigan-2009-HB4560-Introduced.html

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HOUSE BILL No. 4560

 

March 11, 2009, Introduced by Rep. Ball and referred to the Committee on Ethics and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 951, 952, and 957 (MCL 168.951, 168.952, and

 

168.957), section 951 as amended by 1993 PA 45 and section 952 as

 

amended by 1993 PA 137, and by adding section 952b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 951. Every elective officer in the this state, except a

 

judicial officer, is subject to recall by the voters of the

 

electoral district in which the officer is elected as provided in

 

this chapter. A recall petition shall not be filed nor shall recall

 

petition signatures be collected against an officer until the

 

officer has actually performed the duties of the office to which

 

elected for a period of 6 months during the current term of that

 

office. A recall petition shall not be filed against an officer

 

during the last 6 months of the officer's term of office. An

 

officer sought to be recalled shall continue to perform the duties

 

of the his or her office until the result of the recall election is

 

certified.

 

     Sec. 952. (1) A petition for the recall of an officer shall

 

meet all of the following requirements:

 

     (a) Comply with section 544c(1) and (2).

 

     (b) Be printed.

 

     (c) State clearly each reason for the recall. Each reason for

 

the recall shall be based upon the officer's conduct during his or

 

her current term of office. The reason for the recall may be

 

typewritten.

 

     (d) Contain a certificate of the circulator. The certificate

 

of the circulator may be printed on the reverse side of the

 

petition.

 

     (e) Be in a form prescribed by the secretary of state.

 

     (2) Before being circulated, a petition for the recall of an

 

officer shall be submitted to the board of county election

 

commissioners of the county in which the officer whose recall is

 

sought resides. A filing fee of $50.00 shall be submitted with the

 

recall petition. The recall petition filing fee filed with the

 

board of county election commissioners under this subsection shall

 

be paid by that board of county election commissioners in its

 

proportionate share to the treasurer of each governmental unit

 

responsible for conducting the recall election. If the recall

 

petition filing fee is to be paid by the board of county election

 

commissioners to a governmental unit other than the county, the

 

board of county election commissioners shall withhold 10% of the

 

recall petition filing fee as an administrative fee.

 

     (3) The board of county election commissioners, not less than

 

10 days or more than 20 days after submission to it of a petition

 

for the recall of an officer, shall meet and shall determine

 

whether each reason for the recall stated in the petition is of

 

sufficient clarity to enable the officer whose recall is sought and

 

the electors to identify the course of conduct that is the basis

 

for the recall. Failure of the board of county election

 

commissioners to comply with this subsection shall constitute a

 

determination that each reason for the recall stated in the

 

petition is of sufficient clarity to enable the officer whose

 

recall is being sought and the electors to identify the course of

 

conduct that is the basis for the recall.

 

     (4) The board of county election commissioners, not later than

 

24 hours after receipt of a petition for the recall of an officer,

 

shall notify the officer whose recall is sought of each reason

 

stated in the recall petition and of the date of the meeting of the

 

board of county election commissioners to consider the clarity of

 

each reason.

 

     (5) The officer whose recall is sought and the sponsors of the

 

recall petition may appear at the meeting and present arguments on

 

the clarity of each reason.

 

     (6) The determination by the board of county election

 

commissioners may be appealed by the officer whose recall is sought

 

or by the sponsors of the recall petition drive to the circuit

 

court in the county. The appeal shall be filed not more than 10

 

days after the determination of the board of county election

 

commissioners.

 

     (7) A recall petition that is determined to be of sufficient

 

clarity under subsection (1) (3) or, if the determination under

 

subsection (1) (3) is appealed pursuant to subsection (6), a recall

 

petition that is determined by the circuit court to be of

 

sufficient clarity is valid for 180 90 days following the last

 

determination of sufficient clarity under this section. A recall

 

petition that is filed under section 959 or 960 after the 180-day

 

90-day period described in this subsection is not valid and shall

 

not be accepted pursuant to section 961. This subsection does not

 

prohibit a person from resubmitting a recall petition for a

 

determination of sufficient clarity under this section.

 

     Sec. 952b. (1) The reasons for recall that are determined to

 

be of sufficient clarity under section 952 shall be permanently

 

printed on each recall petition that is circulated for signatures.

 

     (2) A person shall not circulate a recall petition that does

 

not comply with subsection (1). Any signature collected on a recall

 

petition that does not comply with subsection (1) or any other

 

provision of this act shall not be counted.

 

     Sec. 957. (1) A person circulating a recall petition shall be

 

a qualified and registered elector in the electoral district of the

 

official sought to be recalled. and

 

     (2) A person circulating a recall petition shall attach

 

thereto his to the recall petition a certificate of the circulator

 

stating that he or she is a qualified and registered elector in the

 

electoral district of the official sought to be recalled and shall

 

state the city or the township wherein he resides and his post-

 

office address; further, that stating his or her city or township

 

and post office address. In addition, the certificate of the

 

circulator shall indicate all of the following:

 

     (a) That signatures appearing upon the recall petition were

 

not obtained through fraud, deceit, or misrepresentation. and that

 

     (b) That he or she has neither caused nor permitted a person

 

to sign the recall petition more than once and has no knowledge of

 

a person signing the recall petition more than once. ; that

 

     (c) That all signatures to the recall petition were affixed in

 

his or her presence. ; and that

 

     (d) That to the best of his or her knowledge, information, and

 

belief, the signers of the recall petition are qualified and

 

registered electors and that the signatures appearing thereon on

 

the recall petition are the genuine signatures of the persons of

 

whom they purport to be signing the recall petition.

 

     (3) A person who knowingly makes a false statement in the

 

certificate hereby required of the circulator is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not more than $1,000.00, or both.