Bill Text: MI SB0591 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Civil procedure: writs; quo warranto; revise applicability for election lawsuits. Amends secs. 4501 & 4545 of 1961 PA 236 (MCL 600.4501 & 600.4545). TIE BAR WITH: SB 0590'23
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-12-29 - Assigned Pa 0256'23 [SB0591 Detail]
Download: Michigan-2023-SB0591-Introduced.html
SENATE BILL NO. 591
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 4501, 4545, and 6419 (MCL 600.4501, 600.4545, and 600.6419), section 6419 as amended by 2013 PA 164.
the people of the state of michigan enact:
Sec. 4501. (1) The attorney general shall bring an action for quo warranto when if the facts clearly warrant the bringing of that the action. If the attorney general receives information from a private party person and refuses to act, that the private party person may bring the action upon on leave of court.
(2) A person shall not bring an action for quo warranto that relates to the outcome of an election for electors of President and Vice-President of the United States.
Sec. 4545. (1) An action may be brought in the circuit court of any a county of this state whenever if it appears that material fraud or error has been committed at any in an election in such county at which there has been submitted any to decide a constitutional amendment, question, or proposition to the electors of the this state or any a county, township, or municipality thereof.of this state. This section does not apply to, and does not authorize, an action relating to an election for public office.
(2) Such An action shall under subsection (1) must be brought within not later than 30 days after such the election by the attorney general or the prosecuting attorney of the proper county on his the attorney general's or prosecuting attorney's own relation, or on the relation of any citizen of said the county without leave of the court, or by any citizen of the county by special leave of the court or a judge thereofof the court. Such The action shall must be brought against the municipality wherein such in which the fraud or error is alleged to have been committed.
(3) After such an action under subsection (1) is brought, the procedure shall must conform as near as may be to that provided by law for actions for quo warranto.
Sec. 6419. (1) Except as provided in sections 6421 and 6440, the jurisdiction of the court of claims, as conferred upon on it by this chapter, is exclusive. All actions initiated in the court of claims shall must be filed in the court of appeals. The state administrative board is vested with discretionary authority upon on the advice of the attorney general to hear, consider, determine, and allow any claim against the this state in an amount less than $1,000.00. Any claim so allowed by the state administrative board shall must be paid in the same manner as judgments are paid under section 6458 upon on certification of the allowed claim by the secretary of the state administrative board to the clerk of the court of claims. Except as otherwise provided in this section, the court has the following power and jurisdiction:
(a) To hear and determine any claim or demand, statutory or constitutional, liquidated or unliquidated, ex contractu or ex delicto, or any demand for monetary, equitable, or declaratory relief, or any demand for an extraordinary writ against the this state or any of its departments or officers notwithstanding another law that confers jurisdiction of the case in the circuit court.
(b) To hear and determine any claim or demand, statutory or constitutional, liquidated or unliquidated, ex contractu or ex delicto, or any demand for monetary, equitable, or declaratory relief, or any demand for an extraordinary writ that may be pleaded by way of counterclaim on the part of the this state or any of its departments or officers against any claimant who may bring an action in the court of claims. Any claim of the this state or any of its departments or officers may be pleaded by way of counterclaim in any action brought against the this state or any of its departments or officers.
(c) To appoint and utilize a special master as the court considers necessary.
(d) To hear and determine any action challenging the validity of a notice of transfer described in section 6404(2) or (3).
(e) To hear and determine an action under section 850c(1) of the Michigan election law, 1954 PA 116, MCL 168.850c.
(2) The A judgment entered by the court of claims upon any on a claim described in subsection (1), either against or in favor of the this state or any of its departments or officers, upon on becoming final, is res judicata of that claim. Upon On the trial of any cause an action in which any a demand is made by the this state or any of its departments or officers against the claimant either by way of setoff, recoupment, or cross declaration, the court shall hear and determine each claim or demand, and if the court finds a balance due from the claimant to the this state, the court shall render judgment in favor of the this state for the balance. Writs of execution or garnishment may issue upon on the judgment the same as from the circuit court of this state. The judgment entered by the court of claims upon on any claim, either for or against the claimant, is final unless appealed from as provided in this chapter.
(3) The court of claims does not have jurisdiction of any claim for compensation under either of the following:
(a) The worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
(b) 1937 PA 329, MCL 419.101 to 419.104.
(4) This chapter does not deprive the circuit court of this state of jurisdiction over actions brought by the taxpayer under the general sales tax act, 1933 PA 167, MCL 205.51 to 205.78, upon the circuit court, or proceedings to review findings as provided in the Michigan employment security act, 1936 (Ex Sess) PA 1, MCL 421.1 to 421.75, or any other similar tax or employment security proceedings expressly authorized by the statutes of this state.
(5) This chapter does not deprive the circuit court of exclusive jurisdiction over appeals from the district court and administrative agencies as authorized by law.
(6) This chapter does not deprive the circuit court of exclusive jurisdiction to issue, hear, and determine prerogative and remedial writs consistent with section 13 of article VI of the state constitution of 1963.
(7) As used in this section, "the "this state or any of its departments or officers" means this state or any state governing, legislative, or judicial body, department, commission, board, institution, arm, or agency of the this state, or an officer, employee, or volunteer of this state or any governing, legislative, or judicial body, department, commission, board, institution, arm, or agency of this state, acting, or who reasonably believes that he or she is acting, within the scope of his or her authority while engaged in or discharging a government function in the course of his or her duties.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 590 of the 102nd Legislature is enacted into law.
