HB-4801, As Passed House, June 22, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4801

     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 1980 PA 200 and section 881 as amended by 1995 PA

261.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

petition pursuant to section 862 or 863 shall file the petition

with the clerk of the  correct  appropriate board of canvassers.

shall  Except as otherwise provided in this section, at the  same

time of filing the petition, the petitioner shall deposit with the

clerk the sum of  $10.00  $25.00 for each precinct referred to in

his or her petition.

     (2) If the initial canvass of votes results in a vote

differential of more than 0.5% or 50 votes, whichever is greater, a

candidate or elector filing a recount petition pursuant to section

862 or 863 with the clerk of the appropriate board of canvassers

shall at the same time pay to the clerk the sum of $125.00 for each

precinct in which a recount of votes is demanded as a deposit for

conducting the recount.

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

sufficient fraud or mistake as set forth in his or her 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

canvassers shall refund the money deposited  by  to the petitioner.

shall be refunded. If

     (4) For a recount conducted under subsection (1), if the

petitioner does not establish a fraud or mistake as set forth in

his or her petition, the sum deposited shall be paid by the clerk

of the appropriate board of canvassers to the treasurer of the

county, city, township, or village.

     (5) For a recount conducted under subsection (2), if the

petitioner does not establish a fraud or mistake as set forth in

his or her petition, the  sum deposited shall be paid by the clerk

of the board of county, city, township, or village canvassers

petitioner shall pay the actual costs of conducting the recount

minus the deposit paid in subsection (2) to the clerk of the

appropriate board of canvassers not later than 90 days after the

completion of the recount. The clerk of the appropriate board of

canvassers shall forward to the treasurer of the county, city,

township, or village the actual costs and deposit amount collected

from the petitioner under this subsection.

     (6) If for any reason a recount does not take place in a

precinct referred to in the petition, the money deposited for the

recount of that precinct shall be refunded to the petitioner.

     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 the initial canvass of votes results in a vote

differential of more than 0.5% or 50 votes, whichever is greater, a

person filing a recount petition pursuant to section 879 or 880

with the state bureau of elections shall at the same time pay to

the state bureau of elections the sum of $125.00 for each precinct

in which a recount of votes is demanded in cash or by check or

other negotiable instrument made payable to the state of Michigan

as a deposit for conducting the recount.

(3)  (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

     (4) For a recount conducted under subsection (1), if the

petitioner does not establish a fraud or mistake as set forth in

his or her petition, 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.

     (5) For a recount conducted under subsection (2), if the

petitioner does not establish a fraud or mistake as set forth in

his or her petition, the petitioner shall pay the actual costs of

conducting the recount minus the deposit paid in subsection (2) to

the state bureau of elections not later than 90 days after the

completion of the recount. 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  actual costs for conducting the recount from the

amount collected from the petitioner under this subsection.

     (6) If for any reason a recount does not take place in a

precinct referred to in the petition, the money deposited for the

recount of that precinct shall be refunded to the petitioner.