December 1, 2011, Introduced by Senators MEEKHOF and RICHARDVILLE and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 8 of article II, to
provide the reasons for the recall of an elective officer.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide the reasons for the recall of an
elective officer, is proposed, agreed to, and submitted to the
people of the state:
ARTICLE II
Sec. 8. (1) Laws shall be enacted to provide for the recall of
all elective officers except judges of courts of record upon
petition of electors equal in number to 25 percent of the number of
persons voting in the last preceding election for the office of
governor in the electoral district of the officer sought to be
recalled.
The sufficiency of any statement of reasons or grounds
procedurally
required shall be a political rather than a judicial
question.
(2) The discretionary performance of a lawful act or of a
prescribed duty by an elective officer does not constitute a reason
to recall that elective officer. The reasons for the recall of an
elective officer are limited to 1 or more of the following:
(a) The elective officer's conviction of a felony.
(b) The elective officer's conviction of a misdemeanor
involving the breach of the public trust.
(c) The elective officer's misappropriating public resources.
(d) Any other official misconduct by the elective officer.
This subsection applies only to the recall of an elective
officer beginning on or after the effective date of this
subsection.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at a special election to be
held on February 28, 2012 in the manner provided by law.