HB-6063, As Passed House, December 5, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 6063

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 952 (MCL 168.952), as amended by 1993 PA 137.

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 to determine if the petition is of sufficient

clarity. A petition for the recall of an officer shall not be

submitted to the board of county election commissioners to

determine if the petition is of sufficient clarity 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. In addition, a petition for the recall of an officer shall

not be submitted to the board of county election commissioners to

determine if the petition is of sufficient clarity during the last

6 months of the officer's term of office.

     (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.

     (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.

     (7) A recall petition that is determined to be 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 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.