HB-6060, As Passed House, December 13, 2012HB-6060, As Passed Senate, December 13, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6060

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 23, 951, 952, 961, 963, 967, 968, 969, 972,

974, and 975 (MCL 168.23, 168.951, 168.952, 168.961, 168.963,

168.967, 168.968, 168.969, 168.972, 168.974, and 168.975), section

23 as amended by 1982 PA 456, section 951 as amended by 1993 PA 45,

section 952 as amended by 1993 PA 137, sections 961 and 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 951a,

970a, 970b, 970c, 970e, 970g, 971a, 971c, 973a, 975a, 975c, 975e,

975g, and 977; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 23. (1) The chief or only judge of probate of the county

or probate court district, the county clerk, and the county

treasurer shall constitute a board of county election commissioners

for each county, 2 of whom shall be a quorum for the transaction of

business. The chief or only judge of probate of the county or

probate court district and the county clerk shall act respectively

as chairperson and secretary of the board. In the absence or

disqualification of the county clerk from any meeting of the board

of county election commissioners, the board may select 1 of the

county clerk's deputies to act in the county clerk's place. In the

absence or disqualification of any member of the board of county

election commissioners other than the county clerk, the members of

the board who are present shall appoint some other county officer

in the absent or disqualified member's place, and the appointed

county officer, on being notified, shall attend without delay and

act as a member of the board.

(2) If a member of the board is involved in the recall of an

officer, either by assisting in the preparation of the petition for

recall or by being an officer whose recall is sought, then the

member of the board shall be disqualified with respect to any

determination ~~as to clarity~~ under section 952 and shall be replaced

as provided in this section.

Sec. 951. (1) ~~Every~~ Each elective officer, ~~in the state,~~

except a judicial officer, is subject to recall by the voters of

the electoral district in which the officer is elected as provided

in this chapter. A If an officer's term of office is 2 years or

less, a recall petition shall not be filed against an the officer

until the officer has actually performed the duties of the office

to which elected for a period of 6 months during the current term

of that office . A and a recall petition shall not be filed against

an officer during the last 6 months of the officer's term of

office. If an officer's term of office is more than 2 years, a

recall petition shall not be filed against the officer until the

officer has actually performed the duties of the office to which

elected for a period of 1 year during the current term of office

and a recall petition shall not be filed against an officer during

the last 1 year of the officer's term of office. An officer sought

to be recalled shall continue to perform the duties of ~~the~~ his or

her office until the result of the recall election is certified.

(2) Notwithstanding the provisions of subsection (1), if, on

the effective date of the amendatory act that added this

subsection, language to recall an officer has been submitted and

approved under section 952, then a recall petition may be filed if

the officer has actually performed the duties of his or her office

for a period of 6 months and it is not within the last 6 months of

the term of office, regardless of the officer's term of office.

Sec. 951a. (1) A petition for the recall of an officer listed

in section 959 shall meet all of the following requirements:

(a) Comply with section 544c(1) and (2).

(b) Be printed.

Each reason for the recall shall be based upon the officer's

conduct during his or her current term of office. The reason for

the recall may be typewritten. If any reason for the recall is

based on the officer's conduct in connection with specific

legislation, the reason for the recall shall not misrepresent the

content of the specific legislation.

(d) Contain a certificate of the circulator. The certificate

of the circulator may be printed on the reverse side of the

petition.

(e) Be in a form prescribed by the secretary of state.

(2) Before being circulated, a petition for the recall of an

officer under subsection (1) shall be submitted to the board of

state canvassers.

(3) The board of state canvassers, not less than 10 days or

more than 20 days after submission to it of a petition for the

recall of an officer under subsection (1), shall meet and shall

determine by an affirmative vote of 3 of the members serving on the

board of state canvassers whether each reason for the recall stated

in the petition is factual and of sufficient clarity to enable the

officer whose recall is sought and the electors to identify the

course of conduct that is the basis for the recall. If any reason

for the recall is not factual or of sufficient clarity, the entire

recall petition shall be rejected. Failure of the board of state

canvassers to meet as required by this subsection shall constitute

a determination that each reason for the recall stated in the

petition is factual and of sufficient clarity to enable the officer

whose recall is being sought and the electors to identify the

course of conduct that is the basis for the recall.

(4) The board of state canvassers, not later than 24 hours

after receipt of a petition for the recall of an officer as

provided under subsection (2), shall notify the officer whose

recall is sought of each reason stated in the recall petition and

of the date of the meeting of the board of state canvassers to

consider whether each reason is factual and of sufficient clarity.

(5) The officer whose recall is sought and the sponsors of the

recall petition may appear at the meeting and present arguments on

whether each reason is factual and of sufficient clarity.

(6) The determination by the board of state canvassers may be

appealed by the officer whose recall is sought or by the sponsors

of the recall petition drive to the Michigan court of appeals. The

appeal shall be filed not more than 10 days after the determination

of the board of state canvassers. If a determination of the board

of state canvassers is appealed to the Michigan court of appeals,

the recall petition is not valid for circulation and shall not be

circulated until a determination of whether each reason is factual

and of sufficient clarity is made by the Michigan court of appeals

or until 40 days after the date of the appeal, whichever is sooner.

(7) A petition is not valid for circulation if at any time the

Michigan court of appeals determines that each reason on the recall

petition is not factual and of sufficient clarity.

(8) A recall petition is valid for 180 days after either of

the following, whichever occurs later:

(a) The date of determination of whether each reason is

factual and of sufficient clarity by the board of state canvassers.

(b) The sooner of the following:

(i) The date of determination of whether each reason is factual

and of sufficient clarity by the Michigan court of appeals.

(ii) Subject to subsection (7), 40 days after the date of the

appeal under subsection (6).

(9) A recall petition that is filed after the 180-day period

described in subsection (8) is not valid and shall not be accepted

by the filing official under section 961. This subsection does not

prohibit a person from resubmitting a recall petition for a

determination of sufficient clarity and factualness under this

section.

Sec. 952. (1) A petition for the recall of an officer listed

in section 960 shall meet all of the following requirements:

(a) Comply with section 544c(1) and (2).

(b) Be printed.

Each reason for the recall shall be based upon the officer's

conduct during his or her current term of office. The reason for

the recall may be typewritten.

(d) Contain a certificate of the circulator. The certificate

of the circulator may be printed on the reverse side of the

petition.

(e) Be in a form prescribed by the secretary of state.

(2) Before being circulated, a petition for the recall of an

officer under subsection (1) shall be submitted to the board of

county election commissioners of the county in which the officer

whose recall is sought resides.

(3) The board of county election commissioners, not less than

10 days or more than 20 days after submission to it of a petition

for the recall of an officer under subsection (1), shall meet and

shall determine whether each reason for the recall stated in the

petition is factual and of sufficient clarity to enable the officer

whose recall is sought and the electors to identify the course of

conduct that is the basis for the recall. If any reason for the

recall is not factual or of sufficient clarity, the entire recall

petition shall be rejected. Failure of the board of county election

commissioners to ~~comply with~~ meet as required by this subsection

shall constitute a determination that each reason for the recall

stated in the petition is factual and of sufficient clarity to

enable the officer whose recall is being sought and the electors to

identify the course of conduct that is the basis for the recall.

(4) The board of county election commissioners, not later than

24 hours after receipt of a petition for the recall of an officer

as provided under subsection (2), shall notify the officer whose

recall is sought of each reason stated in the recall petition and

of the date of the meeting of the board of county election

commissioners to consider ~~the clarity of~~ whether each reason is

factual and of sufficient clarity.

(5) The officer whose recall is sought and the sponsors of the

recall petition may appear at the meeting and present arguments on

~~the clarity of~~ whether each reason is factual and of sufficient

clarity.

(6) The determination by the board of county election

commissioners may be appealed by the officer whose recall is sought

or by the sponsors of the recall petition drive to the circuit

court in the county. The appeal shall be filed not more than 10

days after the determination of the board of county election

commissioners. If a determination of the board of county election

commissioners is appealed to the circuit court in the county, the

recall petition is not valid for circulation and shall not be

circulated until a determination of whether each reason is factual

and of sufficient clarity is made by the circuit court or until 40

days after the date of the appeal, whichever is sooner.

(7) A petition is not valid for circulation if at any time a

circuit court determines that each reason on the recall petition is

not factual and of sufficient clarity.

(8) ~~(7) A petition that is determined to be of sufficient~~

~~clarity under subsection (1) or, if the determination under~~

~~subsection (1) is appealed pursuant to subsection (6), a petition~~

~~that is determined by the circuit court to be of sufficient clarity~~

A recall petition is valid for 180 days ~~following the last~~

~~determination of sufficient clarity under this section.~~ after

either of the following, whichever occurs later:

(a) The date of determination of whether each reason is

factual and of sufficient clarity by the board of county election

commissioners.

(b) The sooner of the following:

(i) The date of determination of whether each reason is factual

and of sufficient clarity by the circuit court.

(ii) Subject to subsection (7), 40 days after the date of the

appeal under subsection (6).

(9) A recall petition that is filed ~~under section 959 or 960~~

after the 180-day period described in ~~this~~ subsection (8) is not

valid and shall not be accepted ~~pursuant to~~ by the filing official

under section 961. This subsection does not prohibit a person from

resubmitting a recall petition for a determination of sufficient

clarity and factualness under this section.

Sec. 961. (1) A recall petition shall be filed with the filing

officer provided in section 959 or 960. The filing official shall

give a receipt showing the date of filing, the number of recall

petition sheets filed, and the number of signatures claimed by the

filer. This shall constitute the total filing, and additional

recall petition sheets for this filing shall not be accepted by the

filing official.

(2) Within 7 days after a recall petition is filed, the filing

official with whom the recall petition was filed shall examine the

recall petition. The filing official shall determine if the recall

petition is in proper form and shall determine the number of

signatures of the recall petition. In determining the number of

signatures, the filing official shall not count signatures on a

recall petition sheet if 1 or more of the following apply:

(a) The execution of the certificate of circulator is not in

compliance with this act.

(b) The heading of the recall petition sheet is improperly

completed.

under section 951a by the board of state canvassers or the Michigan

court of appeals or under section 952 by the board of county

election commissioners or the circuit court to be factual and of

sufficient clarity to enable the officer whose recall is sought and

the electors to identify the course of conduct which is the basis

for this recall.

(d) The signature was obtained before the date of

determination as provided under section 951a(8) by the board of

state canvassers or the Michigan court of appeals, whichever occurs

later, or as provided under section 952(8) by the board of county

election commissioners or the circuit court, whichever occurs

later, or more than 90 60 days before the filing of the recall

petition.

(3) If the filing official determines that the form of the

recall petition is improper or that the number of signatures is

less than the minimum number required in section 955, the filing

official shall proceed as provided in section 963(1).

(4) If the filing official determines that the number of

signatures is in excess of the minimum number required in section

955, the filing official shall determine the validity of the

signatures by verifying the registration of signers ~~pursuant to~~

under subsection (6) and may determine the genuineness of

signatures ~~pursuant to~~ under subsection (7) or shall forward each

recall petition sheet to the clerk of the city or township

appearing on the head of the recall petition sheet. However, the

recall petition shall not be forwarded to the secretary of a school

district.

(5) The city or township clerk shall determine the validity of

the signatures by verifying the registration of signers ~~pursuant to~~

under subsection (6) and may determine the genuineness of

signatures ~~pursuant to~~ under subsection (7). Within 15 days after

receipt of the recall petition, the city or township clerk shall

attach to the recall petition a certificate indicating the number

of signers on each recall petition sheet that are registered

electors in the city or township and in the governmental unit for

which the recall is sought. The certificate shall be on a form

approved by the secretary of state and may be a part of the recall

petition sheet. If the recall petition is for the recall of a

village official, the county clerk shall forward the recall

petition to the clerk of the village, and the duties and

responsibilities of the city or township clerk as set forth in this

section shall be performed by the village clerk.

(6) The qualified voter file shall be used to determine the

validity of recall petition signatures by verifying the

registration of signers. If the qualified voter file indicates

that, on the date the elector signed the recall petition, the

elector was not registered to vote, there is a rebuttable

presumption that the signature is invalid. If the qualified voter

file indicates that, on the date the elector signed the recall

petition, the elector was not registered to vote in the city or

township designated on the recall petition, there is a rebuttable

presumption that the signature is invalid.

(7) The qualified voter file shall be used to determine the

genuineness of a challenged petition signature appearing on a

recall petition. Signature comparisons shall be made with the

digitized signature in the qualified voter file. If the qualified

voter file does not contain a digitized signature of an elector,

the official with whom the recall petition was filed shall compare

the challenged signature to the signature on the master card.

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~~ If a recall petition is filed under section

960, 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.~~ and proceed under sections 971c to 975. 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 and shall

be held on the next May regular election date or the next November

regular election date, whichever occurs first.

(3) If Except as otherwise provided in subsection (4), if a

recall petition is filed under section 959, the filing official

with whom the recall petition is filed shall call the ~~special~~

recall primary election and proceed under sections 970b to 970g.

The recall primary 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.

(4) If a recall petition is filed under section 959 demanding

the recall of the governor, the filing official with whom the

recall petition is filed shall call a special recall election and

proceed under sections 975c to 975g. The special recall election

shall be held not less than 95 days after the date the recall

petition is filed and shall be held on the next February regular

election date or the next August regular election date, whichever

occurs first.

Sec. 967. The expenses of ~~the~~ a special recall election, a

recall primary election, a recall general election, or a recall

election shall be payable in the same manner as are the costs of a

regular election to fill the office in question.

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, including a special recall

election as provided under section 963(4), 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, a recall general election, or special

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. 970a. Sections 970b to 970g apply to the recall primary

election and recall general election for an office listed in

section 959.

Sec. 970b. Unless the incumbent declines within 10 days after

the filing of a recall petition, the incumbent shall be the nominee

of that political party at the recall general election to be held

as described in section 970e and that political party shall not

conduct a recall primary election as described in sections 970c and

970e.

Sec. 970c. (1) Except as otherwise provided in subsection (2),

for the recall primary election, a political party candidate may

qualify for the recall primary election by filing a nominating

petition or paying a $100.00 nonrefundable fee with the secretary

of state not later than 4 p.m. on the tenth day after the filing

official with whom the recall petition is filed calls the recall

primary election. The nominating petition shall be filed with the

secretary of state and signed by 10% of the number of signatures

required under section 544f.

(2) As provided in section 970b, if the incumbent is the

nominee of his or her political party at the recall general

election, an individual in the incumbent's political party is not

eligible as a candidate for the recall primary election and that

political party shall not conduct a recall primary election.

Sec. 970e. Subject to section 970b, the candidate of each

political party receiving the greatest number of votes cast for

candidates at the recall primary election as set forth in the

report of the board of state canvassers, based on the returns from

the various election precincts, shall be declared the nominee of

that political party at the recall general election to be held on

the next February regular election date or the next August regular

election date, whichever occurs first. In addition, except as

otherwise provided in this section, a candidate without a political

party affiliation may qualify for the recall general election by

filing a qualifying petition with the officer with whom the recall

petitions were filed that contains 10% of the number of signatures

required under section 544f within 10 days after the recall general

election is scheduled. An individual who was an unsuccessful

candidate in the recall primary election may not subsequently file

a qualifying petition as a candidate without a political party

affiliation for the recall general election.

Sec. 970g. The candidate receiving the highest number of votes

in the recall general election is elected for the remainder of the

term.

Sec. 971a. Sections 971c to 975 apply to the recall election

for an office listed in section 960.

Sec. 971c. 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

971c, 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 10% of the

number of qualified and registered electors of the electoral

district as ~~determined~~ required 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 the office of county commissioner 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.

(b) 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.

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.

(d) 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 971c, 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.

(4) A candidate without a political party affiliation may

qualify for a partisan office by filing a qualifying petition with

the officer with whom the recall petitions were filed that contains

10% of the number of signatures required under section 544f 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.

Sec. 975a. Sections 975c to 975g apply to the special recall

election for the office of the governor.

Sec. 975c. The procedure governing the special recall election

on the question of the recall of the governor shall be the same,

unless otherwise provided in this act, as that by which the

governor is elected to office. If the official with whom the recall

petition is filed is not required to give public notice of an

election concerning the office of the governor, the official shall

give notice to the official or officials required to give public

notice of the election, cause the ballots to be printed, provide

election supplies, and do all other things necessary to conduct the

election in the manner provided in this act.

Sec. 975e. (1) Each reason for demanding the recall of the

governor as set forth in the recall petition shall be printed on

the special recall election ballot used at the special recall

election in not more than 200 words. If the statement of reason set

forth in the petition contains more than 200 words, then the

statement shall be condensed by the sponsor of the recall petition

for use on the special recall election ballot. If the sponsor fails

to furnish the condensed statement within 48 hours following

written demand, then the statement shall be condensed by the

official preparing the special recall election ballots.

(2) The official preparing the special recall election ballot

shall provide in writing to the governor the statement of reason

which shall appear on the special recall election ballot. The

governor, in not more than 200 words, may submit a justification of

his or her conduct in office. The justification shall be submitted

to the official preparing the special recall election ballot within

72 hours after receipt of the notification. If submitted in the

prescribed time, the justification shall be printed on the special

recall election ballot.

(3) The statement "Vote no on the recall" or "Vote yes on the

recall" or words of similar import shall not be permitted on the

special recall election ballot. A part of the reason for demanding

the recall of the governor or the governor's justification of

conduct in office shall not be emphasized by italics, underscoring,

or in any other manner.

(4) There shall be printed on the special recall election

ballot the following question:

Shall (Name the person against whom the recall petition is

filed) be recalled from the office of governor? Printed below the

question in separate lines in clearly legible type shall be the

words "Yes[ ]" and "No[ ]" or in a form as prescribed by the

secretary of state.

Sec. 975g. If the board of state canvassers determines that a

majority of the votes are in favor of recall, the board of state

canvassers immediately upon the determination shall certify the

result to the officer with whom the recall petition was filed. Upon

certification, the governor shall be replaced as provided under

section 26 of article V of the state constitution of 1963.

Sec. 977. (1) An officer who is recalled under this chapter

shall not be appointed to fill a vacancy in an elective office in

the electoral district or governmental unit from which the recall

was made during the term of office from which the officer was

recalled.

(2) An officer who resigns subsequent to the filing of a

recall petition shall not be appointed to fill a vacancy in

elective office in that electoral district or governmental unit

during the term of the office from which the officer resigned.

(3) If an officer resigns subsequent to the filing of

petitions to recall that officer from office, it is not necessary

for the office with which the recall petitions have been filed to

proceed under sections 961 and 963.

(4) If an officer whose recall is sought resigns after the

calling of a recall primary election, recall general election,

recall election, or special recall election, the election shall not

be held.

Enacting section 1. Sections 964, 966, 970, 971, 973, and 974

of the Michigan election law, 1954 PA 116, MCL 168.964, 168.966,

168.970, 168.971, 168.973, and 168.974, are repealed.

Enacting section 2. As provided in section 5 of 1846 RS 1, MCL

8.5, this act is severable.

Enacting section 3. The legislature recognizes the importance

of the electoral process, and it is the intent of the legislature