HB-6058, As Passed House, December 5, 2012
SUBSTITUTE FOR
HOUSE BILL NO. 6058
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 952 and 961 (MCL 168.952 and 168.961), section
952 as amended by 1993 PA 137 and section 961 as amended by 2005 PA
71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 952. (1) A petition for the recall of an officer shall
meet all of the following requirements:
(a) Comply with section 544c(1) and (2).
(b) Be printed.
(c) State clearly each reason for the recall. 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 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, shall meet and shall determine
whether each reason for the recall stated in the petition is 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. Failure of the board of county election
commissioners to comply with this subsection shall constitute a
determination that each reason for the recall stated in the
petition is 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,
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
each reason.
House Bill No. 6058 (H-1) as amended December 5, 2012
(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 each reason.
(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 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 the recall petition is not 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 sufficient clarity by the
board of county election commissioners.
(b) The sooner of the following:
House Bill No. 6058 (H-1) as amended December 5, 2012
(i) The date of determination 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 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.
(c) The reasons for recall are different than those determined
by the board of county election commissioners or the circuit court
to be 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 by the board of county election commissioners or the
circuit court, whichever occurs later, or more than 90 days before
the filing of the 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.