November 28, 2012, Introduced by Reps. Farrington, LaFontaine, Forlini, Goike, Lane, Liss and Haugh and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 963, 968, 969, 972, and 975 (MCL 168.963,
168.968, 168.969, 168.972, and 168.975), section 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 971a and 973a;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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.
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.
(3) If a recall petition is filed under section 959, the
filing official with whom the recall petition is filed shall call
the
special recall election. The recall election shall be
held on
the next regular election date that is not less than 95 days after
the recall petition is filed.
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 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
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. 971a. 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
971a, 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 number of
qualified and registered electors of the electoral district as
determined 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 a state office or in the office of
United States senator, the state central committee of the political
party shall nominate a candidate for that office.
(b) If the office is in a county office 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.
(c) 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.
(d) If the office is in a district office having an electoral
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.
(e) 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 971a, 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.
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.
Enacting section 1. Sections 966, 970, 971, 973, and 974 of
the Michigan election law, 1954 PA 116, MCL 168.966, 168.970,
168.971, 168.973, and 168.974, are repealed.