RECOUNT DEPOSIT

House Bill 4801

Sponsor:  Rep. David Law

Committee:  House Oversight, Elections, and Ethics

Complete to 6-7-05

A SUMMARY OF HOUSE BILL 4801 AS INTRODUCED 5-17-05

House Bill 4801 would amend the Michigan Election Law to increase a recount deposit from $10 per precinct to an amount equal to 100 percent of the estimated cost of the recount.

Currently under the law, a candidate or elector who files a recount petition, either with the clerk of the appropriate board of canvassers (for local elections), or with the state Bureau of Elections (for state elections), must deposit a sum of $10 for each precinct referred to in the recount petition.  If the petitioner establishes fraud or mistakes and receives a certificate of election, then the money is refunded.  House Bill 4801 would retain the provision assuring a refund; however, the petitioner would be required to deposit a sum equal to 100 percent of the estimated cost of the recount.

Under the bill, the Secretary of State would determine the estimated cost of a recount. 

MCL 168.867 and 168.881

                                                                                           Legislative Analyst:   J. Hunault                 

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.