Bill Text: MI HB4833 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Elections; recounts; recount deposit; increase. Amends secs. 867 & 881 of 1954 PA 116 (MCL 168.867 & 168.881).
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2014-12-31 - Assigned Pa 406'14 With Immediate Effect 2014 Addenda [HB4833 Detail]
Download: Michigan-2013-HB4833-Engrossed.html
HB-4833, As Passed House, September 19, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4833
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 867 and 881 (MCL 168.867 and 168.881), section
867 as amended by 2013 PA 51 and section 881 as amended by 1995 PA
261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 867. (1) A candidate or elector filing a recount petition
pursuant to section 862 or 863 shall file the recount petition with
the
clerk of the appropriate board of county canvassers. At Except
as otherwise provided in this section, at the time of filing the
recount petition, the petitioner shall deposit with the clerk the
sum
of $10.00 $25.00 for each precinct referred to in his or her
recount petition.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the clerk the sum of
$125.00 for each precinct referred to in his or her petition. For
purposes of this subsection, the winning candidate in a primary for
a nonpartisan office where only 1 candidate will be elected means
the candidate nominated with the lesser number of votes.
(3) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes
separating the winning candidate who received the least number of
votes and the petitioner is more than 50 votes or 0.5% of the sum
of the number of votes received by the 2 candidates, whichever is
greater, the petitioner shall deposit with the clerk the sum of
$125.00 for each precinct referred to in his or her petition.
(4) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner
shall deposit with the clerk the sum of $125.00 for each precinct
referred to in his or her petition.
(5) (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 to the
petitioner.
(6) (3)
If the petitioner does not establish a fraud or
mistake
as set forth in his or her recount petition, If a refund is
not made as required under subsection (5), the sum deposited shall
be paid by the clerk of the board of county canvassers to the
treasurer of the county.
(7) If a precinct referred to in the petition is determined
"not recountable" as provided in section 871(3) or, subject to
subsection (8), if a precinct referred to in the petition is not
recounted due to the withdrawal of the petition, the money
deposited for the recount of that precinct shall be refunded to the
petitioner.
(8) If the votes cast on the ballots voted in a precinct have
been examined and recounted, the withdrawal of the petition shall
not result in a refund of the money deposited for the recount of
that precinct.
Sec. 881. (1) A person filing a recount petition pursuant to
section 879 or 880 shall file the petition with the state bureau of
elections.
At Except as otherwise
provided in this section, at the
time of filing the petition, the petitioner shall deposit the sum
of
$10.00 $25.00 for each precinct in which a recount of the votes
is demanded in cash or by check or other negotiable instrument made
payable to the state of Michigan.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the state bureau of
elections the sum of $125.00 for each precinct referred to in his
or her petition. For purposes of this subsection, the winning
candidate in a primary for a nonpartisan office where only 1
candidate will be elected means the candidate nominated with the
lesser number of votes.
(3) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes
separating the winning candidate who received the least number of
votes and the petitioner is more than 50 votes or 0.5% of the sum
of the number of votes received by the 2 candidates, whichever is
greater, the petitioner shall deposit with the state bureau of
elections the sum of $125.00 for each precinct referred to in his
or her petition.
(4) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner
shall deposit with the state bureau of elections the sum of $125.00
for each precinct referred to in his or her petition.
(5) (2)
If, by reason of the recount, the petitioner
establishes fraud or mistake as set forth in his or her petition
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
state bureau of elections shall refund the money deposited to the
petitioner. The secretary of state shall refund the money deposited
to a petitioner who is a chairperson of a state political party if
the results of the race for which a recount was petitioned for
under section 879 are changed. If a refund is not made as required
by this section, then the secretary of state shall pay to the
treasurer of each county its proportionate share of the deposit
based upon the number of precincts in the county in which the votes
were recounted.
(6) If a precinct referred to in the petition is determined
"not recountable" as provided in section 871(3) or, subject to
subsection (7), if a precinct referred to in the petition is not
recounted due to the withdrawal of the petition, the money
deposited for the recount of that precinct shall be refunded to the
petitioner.
(7) If the votes cast on the ballots voted in a precinct have
been examined and recounted, the withdrawal of the petition shall
not result in a refund of the money deposited for the recount of
that precinct.
