Bill Text: MI HB6059 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Elections; recall; recall petitions and procedures; revise. Amends secs. 963, 968, 969, 972 & 975 of 1954 PA 116 (MCL 168.963 et seq.); adds secs. 971a & 973a & repeals secs. 966, 970, 971, 973 & 974 of 1954 PA 116 (MCL 168.966 et seq.).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-12-04 - Placed On Third Reading [HB6059 Detail]

Download: Michigan-2011-HB6059-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 6059

 

November 28, 2012, Introduced by Reps. Farrington, LaFontaine, Forlini, Goike, Lane, Liss and Haugh and referred to the Committee on Redistricting and Elections.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 963, 968, 969, 972, and 975 (MCL 168.963,

 

168.968, 168.969, 168.972, and 168.975), section 963 as amended by

 

2005 PA 71, section 968 as amended by 1989 PA 26, and section 972

 

as amended by 2004 PA 298, and by adding sections 971a and 973a;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 963. (1) Within 35 days after the filing of the recall

 

petition, the filing official with whom the recall petition is

 

filed shall make an official declaration of the sufficiency or

 

insufficiency of the recall petition. If the recall petition is

 

determined to be insufficient, the filing official shall notify the

 

person or organization sponsoring the recall of the insufficiency

 

of the recall petition. It is not necessary to give notification

 

unless the person or organization sponsoring the recall files with

 

the filing official a written notice of sponsorship and a mailing

 

address.

 

     (2) Immediately upon determining that the recall petition is

 

sufficient, but not later than 35 days after the date of filing of

 

the recall petition, the county clerk with whom the recall petition

 

is filed shall call the special recall election. to determine

 

whether the electors will recall the officer whose recall is

 

sought. The recall election shall be held on the next regular

 

election date that is not less than 95 days after the date the

 

recall petition is filed.

 

     (3) If a recall petition is filed under section 959, the

 

filing official with whom the recall petition is filed shall call

 

the special recall election. The recall election shall be held on

 

the next regular election date that is not less than 95 days after

 

the recall petition is filed.

 

     Sec. 968. If a recall petition is filed under section 960, the

 

board of county canvassers in the county where the recall petition

 

is filed shall conduct the canvass of the recall election. The

 

canvass of other recall elections shall be by the board of state

 

canvassers. If a board of canvassers determines that a majority of

 

the votes are in favor of recall, the board of canvassers

 

immediately upon the determination shall certify the result to the

 

officer with whom the recall petition was filed. Upon

 

certification, the office is vacant. The officer with whom the

 

recall petition was filed shall immediately upon receipt of the

 

certification notify the clerk or secretary of the electoral

 

district or, if the electoral district is a district library

 

district, the district library board from which the official was

 

recalled and the recalled official of the results of the recall

 

election and the date and time of the certification.

 

     Sec. 969. After filing such a recall petition and after such

 

special a recall election under this chapter, no further recall

 

petition shall be filed against the same incumbent of such that

 

office during the term for which he or she is elected. unless such

 

further petitioners shall first pay into the public treasury, which

 

has paid such election expenses, the whole amount of election

 

expenses for the preceding special election held for the recall of

 

said incumbent.

 

     Sec. 971a. Unless the incumbent declines within 10 days after

 

the filing of a recall petition, the incumbent shall, without

 

filing, be deemed to have filed for the recall election and his or

 

her name shall appear on the recall election ballot.

 

     Sec. 972. (1) Except as provided in subsection (2) and section

 

971a, if the recall election involves a nonpartisan office, a

 

candidate for a that nonpartisan office shall be nominated and

 

voted for in an the recall election scheduled under section 971 by

 

filing a nominating petition or paying a $100.00 nonrefundable fee

 

not later than 4 p.m. on the fifteenth tenth day after the clerk of

 

the county where the petition was filed announces the official

 

result of the recall election. The clerk shall publicly announce

 

the result of the recall election at the conclusion of the meeting

 

held by the board of county canvassers to certify the recall

 

election. filing official with whom the recall petition is filed

 

calls the recall election. The nominating petition shall be filed

 

with the clerk of the electoral district and signed by a number of

 

qualified and registered electors of the electoral district as

 

determined under section 544f. Instead of filing a nominating

 

petition, an individual may become a candidate by paying a $100.00

 

nonrefundable fee with the clerk of the electoral district.

 

     (2) This subsection applies to an a recall election to fill a

 

vacancy for an unexpired term created by a recall of a involving a

 

school board member, if the recall election is scheduled to be held

 

on the same date as a general election. A nominating petition filed

 

by a candidate shall be signed by a number of qualified and

 

registered electors of the school district as determined under

 

section 303. The nominating petition shall clearly state that it

 

relates to the filling of a vacancy for an unexpired term and shall

 

be filed with the school district election coordinator, as

 

designated by section 301, not later than 4 p.m. on the fifteenth

 

tenth day after the clerk of the county where the petition was

 

filed announces the official result of the recall election. The

 

clerk shall publicly announce the result of the recall election at

 

the conclusion of the meeting held by the board of county

 

canvassers to certify the recall election. filing official with

 

whom the recall petition is filed calls the recall election.

 

Instead of filing a nominating petition, an individual may become a

 

candidate by paying a $100.00 nonrefundable fee to the school

 

district election coordinator.

 

     Sec. 973a. (1) Subject to subsection (2), if the recall

 

election involves a partisan office, a political party candidate

 

shall be nominated for that partisan office as follows:

 

     (a) If the office is in a state office or in the office of

 

United States senator, the state central committee of the political

 

party shall nominate a candidate for that office.

 

     (b) If the office is in a county office or in a district

 

office within an electoral district of 1 county, the county

 

executive committee of the political party shall nominate a

 

candidate for that office.

 

     (c) If the office is in a district office within an electoral

 

district in less than 1 county and 3 or more members of the county

 

executive committee of a political party reside in the electoral

 

district, the members of the county executive committee of the

 

political party residing in the electoral district shall nominate a

 

candidate for that office. If the office is in a district office

 

within an electoral district in less than 1 county and less than 3

 

members of the county executive committee of a political party

 

reside in the electoral district, the county executive committee of

 

the political party shall nominate a candidate for that office.

 

     (d) If the office is in a district office having an electoral

 

district in more than 1 county, the members of the several county

 

executive committees of the political party residing in those parts

 

of the counties that are in the district shall nominate a candidate

 

for that office.

 

     (e) If the office is in a ward or township office and 3 or

 

more members of the county executive committee of a political party

 

reside in the ward or township, the members of the county executive

 

committee of the political party residing in that ward or township

 

shall nominate a candidate for that office. If the office is in a

 

ward or township office and less than 3 members of the county

 

executive committee of a political party reside in the ward or

 

township, the county executive committee of the political party

 

shall nominate a candidate for that office.

 

     (2) If the incumbent candidate declines to be a candidate at

 

the recall election as provided in section 971a, the political

 

party of that incumbent candidate shall nominate a candidate using

 

the nominating procedure as provided in subsection (1).

 

     (3) Each nomination by a committee under subsection (1) shall

 

be certified to the officer with whom the recall petitions were

 

filed within 10 days after the calling of the recall election.

 

     Sec. 975. The candidate receiving the highest number of votes

 

for the vacancy created on such recall should be considered duly in

 

the recall election is elected for the remainder of the term.

 

     Enacting section 1. Sections 966, 970, 971, 973, and 974 of

 

the Michigan election law, 1954 PA 116, MCL 168.966, 168.970,

 

168.971, 168.973, and 168.974, are repealed.