May 17, 2005, Introduced by Reps. David Law, Jones, Nofs, Tobocman, Kahn, Gaffney, Ward, Hildenbrand, Taub, Brandenburg, Newell, Cushingberry, Drolet, Elsenheimer, Marleau and Lemmons, III and referred to the Committee on House Oversight, Elections, and Ethics.
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
at At the same time of
filing the petition, the petitioner
shall
deposit with the clerk the
a sum of $10.00 equal to 100%
of the estimated cost of the recount for each precinct referred to
in his or her petition. The secretary of state shall determine the
estimated cost of a recount for purposes of this subsection.
(2) 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 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 to the treasurer of the county, city,
township, or village.
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 the time of filing the petition, the petitioner shall
deposit the
a sum of $10.00 equal to 100% of the estimated cost
of the recount 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. The secretary of state shall
determine the estimated cost of a recount for purposes of this
subsection.
(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.