HB-6060, As Passed House, December 5, 2012
November 28, 2012, Introduced by Reps. Forlini, Lane, Goike, Farrington, Liss, Haugh and LaFontaine and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 23, 952, and 961 (MCL 168.23, 168.952, and
168.961), section 23 as amended by 1982 PA 456, 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. 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. 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 factually and 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
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. 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 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,
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.
(7) A recall petition that is determined to be factual and of
sufficient
clarity under subsection (1) (3)
or, if the
determination
under subsection (1) (3) is appealed pursuant to
under subsection (6), a recall petition that is determined by the
circuit court to be factual and of sufficient clarity is valid for
180
days following the last determination of sufficient clarity
under this section. A recall petition that is filed under section
959 or 960 after the 180-day period described in this subsection is
not
valid and shall not be accepted pursuant to 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
House Bill No. 6060 as amended December 5, 2012
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
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 by the board of county election commissioners or the
circuit
court, 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.