Bill Text: MI HB4831 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Elections; canvassing; elimination of local boards of canvassers and amendment of process to balance precinct results; provide for. Amends secs. 24a, 30g, 307, 308, 323, 347, 355, 360, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867 & 868 of 1954 PA 116 (MCL 168.24a et seq.) & repeals secs. 30a - 30e of 1954 PA 116 (MCL 168.30a et seq.). TIE BAR WITH: HB 4829'11, HB 4830'11

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-06-29 - Printed Bill Filed 06/29/2011 [HB4831 Detail]

Download: Michigan-2011-HB4831-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4831

 

 

June 28, 2011, Introduced by Reps. Rogers, Brown, Johnson, Jacobsen, Liss and Santana and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 24a, 30g, 307, 308, 323, 347, 355, 360, 426c,

 

426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL

 

168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355,

 

168.360, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809,

 

168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section

 

24a as amended by 2010 PA 52, section 307 as amended by 2010 PA 55,

 

section 308 as added by 2003 PA 302, section 426f as amended by

 

1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section

 

826 as amended by 2003 PA 119, section 866 as amended by 2010 PA

 

53, and section 867 as amended by 1980 PA 200; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 24a. (1) A 4-member board of county canvassers is

 

established in every county in this state. All of the powers

 

granted to and duties required by law to be performed by all boards

 

of canvassers established by law, other than the board of state

 

canvassers , boards of city canvassers in cities having more than 5

 

precincts, and boards of canvassers in counties having a population

 

of 1,500,000 or more, and boards of township canvassers in

 

townships having more than 5 precincts, are granted to and required

 

to be performed by the board of county canvassers.

 

     (2) The board of county canvassers shall conduct all recounts

 

of elections in cities, townships, villages, school districts, or

 

any other districts and be vested with all of the powers and

 

required to perform all the duties in connection with any recount.

 

     (3) If a city, village, or any other district, other than a

 

school district, lies in more than 1 county, and a duty is to be

 

performed by the board of county canvassers, the board of county

 

canvassers in the county in which the greatest number of registered

 

voters of the city, village, or district resides at the close of

 

registration for the election involved shall perform the duty.

 

     (4) Except as otherwise provided in this subsection, if a

 

school district lies in more than 1 county, the board of county

 

canvassers for each county in which a portion of the school

 

district lies shall canvass that portion of a school district

 

election that is held in that county. If a school district election

 

precinct lies in more than 1 county, the board of county canvassers

 

of the county in which the largest number of registered electors of

 

that precinct reside shall canvass the results of that precinct.

 

Notwithstanding the provisions of the preceding 2 sentences, unless

 

the school district election is conducted on the same date as

 

another election in the county, a board of county canvassers that

 

is not responsible for certifying the results of the school

 

district election is not required to meet to canvass the school

 

district election and the board of county canvassers responsible

 

for certifying the results of the school district election shall

 

canvass that portion of the school district election held in that

 

county. Upon completion of the canvass, the clerk of the board of

 

county canvassers shall transmit the canvassed results to the

 

county clerk of the county in which the largest number of

 

registered electors of that school district reside. Upon receipt of

 

the canvassed results, the county clerk of the county in which the

 

largest number of registered electors of that school district

 

reside shall make a statement of returns and certify the results of

 

the school district election to the secretary of the school board.

 

Notwithstanding any of the foregoing provisions of this subsection,

 

if a city or village that lies in more than 1 county conducts an

 

election on the same date as a school district that lies within the

 

city or village that is conducting an election, that portion of the

 

school district election held within that city or village shall be

 

canvassed by the canvassing board responsible for canvassing the

 

city or village election.

 

     (5) The cost of canvass of school, city, township, and village

 

elections shall be borne by the school district, city, township, or

 

village holding the election, and upon presentation of a bill for

 

the costs incurred by the board of county canvassers, the school

 

district, city, township, or village shall reimburse the county

 

treasurer.

 

     (6) All boards of canvassers provided for in law including

 

boards of school canvassers, the duties of which are by this act

 

required to be performed by boards of county canvassers, are

 

abolished.

 

     (7) Members of the board of county canvassers shall be

 

appointed for terms of 4 years beginning on November 1 following

 

their appointment. Of the members first appointed, 1 member of each

 

of the political parties represented on the board of county

 

canvassers shall be appointed for a term of 4 years and 1 for a

 

term of 2 years. The county clerk shall notify members of the board

 

of county canvassers of their appointment within 5 days of being

 

appointed.

 

     (8) This section applies to all elections, any charter

 

provision to the contrary notwithstanding.

 

     Sec. 30g. Whenever If a board of canvassers created under this

 

act is required to perform its statutory duties and because of

 

illness or absence of members of the board of canvassers a quorum

 

is not present, the clerk of the political subdivision may appoint

 

a sufficient number of temporary members to constitute a quorum. If

 

the vacancy is on the board of county canvassers, the appointment

 

shall be made by the county clerk from party recommendations on

 

file, if available. If the vacancy is on the board of city or

 

township canvassers, the appointment shall be made from

 

applications on file, if available. The appointments shall be of

 

the same political party as the ill or absent members of the board

 

of canvassers. Any A temporary appointee to the board of canvassers

 

must possess all of the qualifications required for regular

 

membership on that board of canvassers. Temporary appointees shall

 

serve only until the business on hand has been transacted.

 

     Sec. 307. (1) The appropriate board of county canvassers as

 

prescribed in section 24a or 30a shall canvass the votes for

 

candidates for school board member and votes for and against a

 

ballot question at a regular or special election in each school

 

district. That number of candidates equal to the number of

 

individuals to be elected who receive the greatest number of votes

 

cast at the election, as set forth in the report of the board of

 

county canvassers canvassing the votes, based upon the returns from

 

the election precincts or as determined by the board of county

 

canvassers as a result of a recount, are elected to the office of

 

school board member. Except as otherwise provided in section

 

24a(4), upon completion of the canvass, the board of county

 

canvassers shall make a statement of returns and certify the

 

election of school board members to the secretary of the school

 

board, the county clerk, and, if other than the county clerk, the

 

school district election coordinator.

 

     (2) The votes cast for a candidate for school board member or

 

on a ballot question submitted to the electors at a school election

 

are subject to recount as provided in chapter XXXIII. An individual

 

elected to the office of school board member is subject to recall

 

as provided in chapter XXXVI and in section 8 of article II of the

 

state constitution of 1963.

 

     Sec. 308. A local official who receives the certification of

 

the board of county canvassers under section 307 shall preserve and

 

file in his or her office the certified statement of returns and

 

certification of the board of county canvassers of the result of

 

the election. The city, township, or county clerk who is the

 

secretary to the board of county canvassers canvassing the school

 

board election shall immediately execute and provide to the

 

individuals declared elected to the office of school board member a

 

certificate of election.

 

     Sec. 323. It shall be is the duty of the board of city

 

election commissioners to prepare the primary ballots to be used by

 

the electors. The returns shall be canvassed by the board of city

 

county canvassers and the results certified to the board of city

 

election commissioners, who shall thereupon prepare and furnish

 

ballots for the ensuing election. The printing and distribution of

 

ballots, equipment, and supplies, the conduct of the primary and

 

election, the canvass and certification of the returns, and all

 

other particulars shall be in accordance, as nearly as may be, with

 

the provisions of this act governing general primaries and

 

elections.

 

     Sec. 347. Except as herein otherwise provided in this act, the

 

laws governing nominating petitions, the conduct of general primary

 

elections, the furnishing of ballots, and the depositing, counting,

 

and canvassing of the same, ballots shall, as near as may be, apply

 

to primaries held under the provisions of this chapter. In case of

 

recounts, said recounts Recounts shall be conducted by the township

 

board of county canvassers ; and all duties which that, under the

 

parts of this act relating to general elections or primary

 

elections, devolve fall upon the county clerk , shall be performed

 

by the township clerk.

 

     Sec. 355. (1) The candidate or candidates of each political

 

party to a township office receiving the greatest number of votes

 

cast for candidates of said that office, as set forth in the report

 

of the township board of county canvassers, based on the returns

 

from the various election precincts, or as determined by the board

 

of county canvassers as the result of a recount, shall be declared

 

the nominee or nominees of that political party for said that

 

office at the next ensuing November election. The township board of

 

county canvassers shall certify such the nomination or nominations

 

to the township clerk within 48 hours after the closing of the

 

polls close.

 

     (2) Within 4 days following the primary, the township clerk

 

shall deliver to the county clerk a list setting forth the names,

 

addresses, political affiliation, and office sought of all

 

candidates nominated at the primary.

 

     Sec. 360. The township clerk shall file in his or her office

 

and preserve the original statement and determination of the

 

township board of county canvassers of the results of the election.

 

and The township clerk shall forthwith immediately execute and

 

cause to be delivered deliver to the persons thereby declared to be

 

elected to township offices a properly certified certificate of

 

election. , certified by him.

 

     Sec. 426c. (1) A general nonpartisan primary election shall be

 

held in every municipality described in section 426a , on the

 

Tuesday succeeding after the first Monday in August preceding any

 

before a general November election. , at which

 

     (2) At the general nonpartisan primary election, judges of the

 

municipal courts of record therein are to be elected ; at which

 

time and the qualified and registered voters may vote for

 

nonpartisan candidates for the office of judge of such the

 

municipal court of record.

 

     (3) If , upon the expiration of the time for filing petitions

 

, for the primary election of the municipal judge or judges in any

 

municipality , there are not to exceed twice the number of

 

candidates than persons to be elected, then the city clerk shall

 

certify through the city board of county canvassers the names of

 

the candidates for judge of the municipal court of record whose

 

petitions have been properly filed. , who These candidates shall be

 

the certified nominees for judges of the municipal court of record.

 

and shall be so certified, In addition, there shall not be no a

 

primary election , for this office, and it shall be omitted from

 

the official primary ballot.

 

     Sec. 426f. (1) The candidates for the office of judge of the

 

municipal court of record receiving the largest number of votes at

 

any primary election, to a number equal to twice the number of

 

persons to be elected, as set forth in the report of the city board

 

of county canvassers, based on returns from the various local

 

boards of canvassers and election precincts, shall be declared the

 

nominees for the office of judge of the municipal court of record

 

at the next general election.

 

     (2) If, after the deadline for filing nominating petitions

 

under section 426d, there are fewer candidates for nomination or

 

nominees for the office of judge of a municipal court of record

 

than there are persons to be elected at the general November

 

election because of the death or disqualification of a candidate

 

more than 65 days before the general November election, then a

 

person, whether or not an incumbent, may qualify as a nominee for

 

that office at the general November election by filing nominating

 

petitions as required by section 426d. However, the filing shall be

 

made before 4 p.m. on the twenty-first day following the death or

 

disqualification of the candidate or 4 p.m. on the sixtieth day

 

preceding before the general November election, whichever is

 

earlier, and the minimum number of signatures required is 1,000 or

 

1/2 the minimum number required under section 426d, whichever is

 

less.

 

     (3) The city clerk shall certify the nomination of each person

 

who qualifies as a nominee under subsection (2) to the board of

 

election commissioners of the city for the general November

 

election.

 

     Sec. 426l. The city board of county canvassers shall determine

 

which candidates for judge of the municipal court of record

 

received the highest number of votes and on that basis shall

 

declare the candidates duly elected, specifying the terms to which

 

each was elected. The board of county canvassers shall forthwith

 

immediately make and subscribe on its statements statement of

 

returns a certificate of such the determination and deliver it to

 

the city clerk.

 

     Sec. 792. (1) Whenever If it shall appear appears that there

 

is a discrepancy in the returns of any election district, the board

 

of county canvassers, of the county, if it be a general election at

 

which county or state officers are elected, or the board of

 

canvassers of the city, village or township, if it be a city,

 

village or township election at which city, village or township

 

officers only are elected, or the authorized representatives of

 

such the board of county canvassers, shall make a record of the

 

number of the seal, if any, the number on the protective counter,

 

if one is provided, and shall open the counter compartment of said

 

the machine, and without unlocking the machine against voting,

 

shall re-canvass the vote cast thereon on the machine. Before

 

making such the re-canvass, the said board of county canvassers

 

shall give sufficient notice in writing to the clerk of the time

 

and place where said the re-canvass is to be made.

 

     (2) If upon such re-canvass it shall be is found that the

 

original canvass of the returns has been correctly made from the

 

machine, and that the discrepancy still remains unaccounted for,

 

the clerk or authorized assistant of the clerk, in the presence of

 

the election inspectors of election and the said board of county

 

canvassers, shall unlock the voting and counting mechanism of said

 

the machine and shall proceed to thoroughly examine and test the

 

machine to determine and reveal the true cause or causes, if any,

 

of the discrepancy in the return from said the machine.

 

     (3) Before testing the machine, the counters in the party row

 

or column in which the discrepancy is alleged to have occurred

 

shall be set at zero after which each of such the counters shall be

 

operated at least 100 times.

 

     (4) After the completion of said the examination, the clerk or

 

authorized assistant of the clerk shall then and there prepare a

 

statement in writing giving the result thereof of the test, and

 

said the statement shall be witnessed by the persons present and

 

shall be filed with the board of county canvassers. Any

 

     (5) A candidate voted for at any election who conceives

 

himself or herself aggrieved on account of any fraud, error, or

 

mistake in the canvass of the vote by the election inspectors or in

 

the returns made by the election inspectors of election, may file a

 

written petition for a recount with the board of county canvassers.

 

, as provided in cases where voting machines are not used.

 

     Sec. 806. (1) The election inspectors shall then prepare

 

duplicate statements of the returns showing the whole number of

 

votes cast for all offices voted for which that are to be canvassed

 

by the board of county canvassers, the names of the persons for

 

whom such the votes were given, and the number each person

 

received. , and The election inspectors shall also prepare

 

duplicate statements of the results on any proposed constitutional

 

amendment or other propositions submitted to the voters at the

 

election which that are to be canvassed by the board of county

 

canvassers, showing the whole number of votes cast, the number of

 

votes cast for, and the number of votes cast against the proposed

 

constitutional amendment or other proposition.

 

     (2) Each member of the board of election inspectors shall sign

 

the certificate on the statement of returns as to the correctness

 

of the returns and that the ballots have been packaged, sealed, and

 

indorsed in the manner therein specified. Separate duplicate

 

returns shall be completed for all offices, propositions or

 

questions which are to be canvassed by a city or township board of

 

canvassers.

 

     Sec. 809. (1) The board of election inspectors shall seal 1 of

 

the statement of returns and 1 of the tally sheets or the combined

 

tally return sheet with a red state election seal in an envelope

 

and shall address the envelope to the board of county canvassers,

 

in care of the judge of probate. The board of election inspectors

 

shall deliver the sealed envelope to the clerk of the township or

 

city. Upon receipt of the sealed envelope, the township or city

 

clerk shall immediately deliver the envelope to the person to whom

 

addressed. The judge of probate shall deliver the sealed envelope

 

received by him or her to the board of county canvassers when it

 

meets to canvass the returns.

 

     (2) The board of election inspectors shall seal the other

 

statement of returns or combined tally and statement, together with

 

the poll list, in an envelope addressed to the county clerk. The

 

board of election inspectors shall deliver the sealed envelope to

 

the clerk immediately upon completion of the count. The county

 

clerk shall open the envelope at that time, compile unofficial

 

returns, and make the returns in the envelope available to the

 

public. The office of the county clerk shall be open on election

 

day for election purposes and shall remain open until the last

 

returns have been received and the clerk completes an unofficial

 

tabulation.

 

     (3) If a city or township election to be canvassed by a board

 

of city or township canvassers is held at a time at which no

 

election returns must be forwarded to the board of county

 

canvassers, the board of election inspectors shall return all poll

 

books, tally sheets, and returns to the city or township clerk. The

 

city or township clerk shall perform the duties required in this

 

section of the county clerks. If a local election to be canvassed

 

by the board of county canvassers is not held in conjunction with a

 

county or state election, the board of election inspectors shall

 

deliver both sealed envelopes to the local clerk. The local clerk

 

shall deliver both sealed envelopes to the county clerk before 11

 

a.m. on the day following the election. In a city or township

 

election, in which the city or township consists of more than 5

 

precincts, held in conjunction with an election to be canvassed by

 

the board of county canvassers, the board of election inspectors

 

shall deliver the duplicate returns required by section 806 to the

 

city or township clerk.

 

     Sec. 822. (1) The board of county canvassers shall then

 

proceed without delay to canvass the returns of votes cast for all

 

candidates for offices voted for and all questions voted on at said

 

the election, according to the precinct returns filed with the

 

probate judge or presiding probate judge by the several city and

 

township clerks, or in case of local elections according to the

 

precinct returns filed with the county clerk, and shall conclude

 

such the canvass at the earliest possible time and in every case

 

within 14 days.

 

     (2) Should If the board fail of county canvassers fails to

 

certify the results of any election for any officer or proposition

 

within the 14 days as provided, or fail to certify results

 

forwarded to them from any city or township election, as provided

 

in section 30e, within 7 days of the receipt of that record, they

 

the board of county canvassers shall immediately deliver to the

 

secretary of the state board of state canvassers all records and

 

other information pertaining thereto to the election. The board of

 

state canvassers shall meet forthwith immediately and make the

 

necessary determinations and certify the results within the 10 days

 

immediately following the receipt of the records from the county

 

board of county canvassers. The cost of such the canvass shall be

 

borne by the county involved.

 

     Sec. 823. (1) If it is found, upon the convening of the board

 

of county canvassers, that the returns from any of the boards of

 

election inspectors of the several election precincts are missing,

 

incomplete, or incorrect, or for any other reason it is found

 

necessary, then the board of county canvassers shall have power to

 

adjourn from day to day until the returns shall have been procured

 

or corrected.

 

     (2) The board of county canvassers are is empowered to summon

 

the persons having the boxes containing the ballots cast at the

 

election and the keys and seals of the boxes, or having the returns

 

or the poll lists or tally sheets used and made at the elections,

 

to bring the boxes, keys, seals, returns, poll lists, and tally

 

sheets before the board of county canvassers, and the board of

 

county canvassers are is authorized to open the boxes and take

 

therefrom any books or papers bearing upon the count and return of

 

the election inspectors of the election precincts, but they the

 

board of county canvassers shall not remove or mark the ballots.

 

therein.

 

     (3) The board of county canvassers shall correct obvious

 

mathematical errors in the tallies and returns. and, when deemed

 

The board of county canvassers may, if necessary for a proper

 

determination, may summon the election inspectors before them, and

 

require them designate staff members from the county clerk's office

 

to count any ballots which they that the election inspectors failed

 

to count, to make correct returns in case, in the judgment of the

 

board of county canvassers after examining the returns, poll lists,

 

or tally sheets, the returns already made are incorrect or

 

incomplete, and the board of county canvassers shall canvass the

 

votes from the corrected returns. When the examination of the

 

papers is completed, or the ballots have been counted, they shall

 

be returned to the ballot boxes or delivered to the persons

 

entitled by law to their custody, and the boxes shall be locked and

 

sealed and delivered to the legal custodians. thereof.

 

     Sec. 826. (1) Except as otherwise provided in this subsection,

 

the The board of county canvassers shall determine and declare the

 

result of the election for county and local officers, and for all

 

county and local ballot questions. If a city or township has more

 

than 5 precincts, the board of city or township canvassers shall

 

canvass votes for city or township officers and ballot questions.

 

If a state senatorial or representative district is located solely

 

within 1 county, the board of county canvassers shall determine and

 

declare the result of the election for that office. Upon making the

 

determination under this subsection, the board of county canvassers

 

shall prepare a certificate of determination and deliver the

 

properly certified certificate of determination to the county

 

clerk. If the determination relates to a state senatorial or

 

representative district located solely within 1 county, the board

 

of county canvassers shall also deliver the properly certified

 

certificate of determination to the board of state canvassers.

 

     (2) Upon receipt of a properly certified certificate of

 

determination from a board of county canvassers under subsection

 

(1), the county clerk shall file the certificate in his or her

 

office. The county clerk may have a statement of the total county

 

or district votes cast for the various candidates and the total

 

vote cast for and against the various ballot questions at the

 

election to be published in at least 1 newspaper printed or

 

circulated in that county. The county clerk shall immediately

 

execute and deliver to the persons declared elected, a properly

 

certified certificate of election.

 

     Sec. 866. (1) Except as otherwise provided in subsection (2),

 

recount petitions, either for an office or proposition, other than

 

those filed with the board of state canvassers secretary of state,

 

shall be filed with the clerk of the board of county canvassers ,

 

which board that originally conducted the canvass.

 

     (2) For a school district election, recount petitions, either

 

for an office or proposition, shall be filed with the clerk of the

 

board of county canvassers , which board that certified the result

 

of the school district election.

 

     (3) Recount petitions shall be filed within 6 days after the

 

original canvass has been completed by the county, city, township,

 

village, or district board of county canvassers. A copy of the

 

recount petition shall also be filed with the secretary of state

 

within 2 days after the time the original recount petition is filed

 

with the board of county canvassers as provided in this section. If

 

the office or proposition in question is a city, ward, township,

 

village, or district office or proposition, a copy of the recount

 

petition shall not be filed with the secretary of state, but a copy

 

shall be transmitted within 24 hours to the clerk of the board of

 

county canvassers by the appropriate local clerk if the recount fee

 

has been paid.

 

     Sec. 867. (1) The A candidate or elector filing a recount

 

petition pursuant to section 862 or 863 shall file the recount

 

petition with the clerk of the correct appropriate board of county

 

canvassers. shall at At the same time of filing the recount

 

petition, the petitioner shall deposit with the clerk the sum of

 

$10.00 for each precinct referred to in his or her recount

 

petition.

 

     (2) If, by reason of the recount, the petitioner establishes

 

sufficient fraud or mistake as set forth in his or her recount

 

petition to change the result of the election and receives a

 

certificate of election or establishes sufficient fraud or mistake

 

to change the result , upon an amendment or proposition, the votes

 

for and against , which were recounted, the clerk of the board of

 

county canvassers shall refund the money deposited by to the

 

petitioner. shall be refunded.

 

     (3) If the petitioner does not establish a fraud or mistake as

 

set forth in his or her recount petition, the sum deposited shall

 

be paid by the clerk of the board of county , city, township, or

 

village canvassers to the treasurer of the county. , city,

 

township, or village.

 

     Sec. 868. (1) If a candidate has filed a recount petition and

 

made the deposit under sections 862 and 866 867, the clerk of the

 

board of county canvassers shall give notice of the recount

 

petition to the opposing candidates described in this subsection

 

within 24 hours after filing of the recount petition by delivering

 

to each candidate a copy of the recount petition, or, if the

 

candidate cannot be found, by leaving a copy at the candidate's

 

last known place of residence with a member of the candidate's

 

immediate family of suitable age. If a member of the candidate's

 

family cannot be found, the clerk of the board of county canvassers

 

may give notice by posting the recount petition in a conspicuous

 

place at the candidate's last known place of residence. The clerk

 

of the board of county canvassers is not required to give notice to

 

candidates other than the 2 candidates who, according to the return

 

of the board of county canvassers, received the lowest number of

 

votes among those candidates who were nominated or elected, and the

 

2 candidates who, according to the return of the board of county

 

canvassers, received the highest number of votes among those

 

candidates who were not nominated or elected.

 

     (2) A candidate may file a counter petition in the same manner

 

as the original petition under section 866 within 48 hours after

 

the original recount petition was filed with the board of county

 

canvassers. At the time of filing the counter petition, the counter

 

petitioner shall deposit the sum of money as required in section

 

866 867 for the original petitioner. The clerk of the board of

 

county canvassers shall refund to the counter petitioner the money

 

deposited by the counter petitioner if the original petitioner does

 

not establish fraud or receive a certificate of election. Except as

 

otherwise provided in this subsection, the The counter petitioner

 

shall file a copy of the counter petition with the secretary of

 

state within 4 days after the time the original petition is filed

 

with the proper appropriate board of county canvassers as provided

 

in this section. If the office or ballot question in question is a

 

city, township, ward, village, or district office or ballot

 

question, the counter petitioner is not required to file a copy of

 

the counter petition with the secretary of state.

 

     (3) On or before 4 p.m. of the seventh day after a recount

 

petition has been filed under section 866, an opposing candidate

 

may file objections to the recount petition with the appropriate

 

board of county canvassers. The opposing candidate shall set forth

 

his or her objections to the recount petition in writing. Upon

 

receipt of an objection under this subsection, the board of county

 

canvassers shall notify the petitioner and the objecting candidate

 

of the date of the hearing of the board of county canvassers to

 

consider the objections. The board of county canvassers shall allow

 

the recount petitioner and the objecting candidate to present oral

 

or written, or both, arguments on the objections raised to the

 

recount petition at the hearing. Not later than 5 business days

 

following the hearing, the board of county canvassers shall rule on

 

the objections raised to the recount petition. The board of county

 

canvassers shall not begin a recount unless 2 or more business days

 

have elapsed since the board of county canvassers ruled on the

 

objections under this subsection, if applicable.

 

     (4) If the time designated for filing a recount petition under

 

this section falls on a Saturday, Sunday, or legal holiday, the

 

recount petition may be filed on the next succeeding business day.

 

Failure of the clerk of the board of county canvassers or the

 

secretary of state to give notice to the opposing candidate as

 

required in this section shall not affect the results of the

 

recount.

 

     Enacting section 1. Sections 30a to 30e of the Michigan

 

election law, 1954 PA 116, MCL 168.30a to 168.30e, are repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 96th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No.4829(request no.

 

00577'11 a).

 

     (b) Senate Bill No.____ or House Bill No.4830(request no.

 

00577'11 b).