Bill Text: MI HB5012 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Elections; recounts; aggrieved candidate for purposes of recount; clarify. Amends secs. 862 & 879 of 1954 PA 116 (MCL 168.862 & 168.879).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-03 - Assigned Pa 128'18 With Immediate Effect [HB5012 Detail]
Download: Michigan-2017-HB5012-Engrossed.html
HB-5012, As Passed Senate, April 18, 2018
HOUSE BILL No. 5012
September 26, 2017, Introduced by Reps. Lilly, Victory, Sheppard, VanSingel, Webber, Calley, Miller and Kesto and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 862 and 879 (MCL 168.862 and 168.879), section
862 as amended by 2003 PA 302 and section 879 as amended by 1999 PA
216.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 862. A candidate for office who believes he or she is
aggrieved on account of fraud or mistake in the canvass or returns
of the votes by the election inspectors may petition for a recount
of the votes cast for that office in any precinct or precincts as
provided in this chapter. The candidate must be able to allege a
good-faith belief that but for fraud or mistake, the candidate
would have had a reasonable chance of winning the election.
Sec. 879. (1) A candidate voted for at a primary or election
for an office may petition for a recount of the votes if all of the
following requirements are met:
(a) The office is an office for which the votes are canvassed
by the board of state canvassers under section 841 or is the office
of
representative Representative
in Congress, state representative,
or state senator for a district located wholly within 1 county.
(b) The petition alleges that the candidate is aggrieved on
account of fraud or mistake in the canvass of the votes by the
inspectors of election or the returns made by the inspectors of
election, or by a board of county canvassers or the board of state
canvassers. The candidate must be able to allege a good-faith
belief that but for fraud or mistake, the candidate would have had
a
reasonable chance of winning the election. The petition shall
must contain specific allegations of wrongdoing only if evidence of
that wrongdoing is available to the petitioner. If evidence of
wrongdoing is not available, the petitioner is only required to
allege fraud or a mistake in the petition without further
specification.
(c) Except as otherwise provided in this subdivision, the
petition for a recount is filed not later than 48 hours following
the completion of the canvass of votes cast at an election. If the
recount petition relates to a state senatorial or representative
district located wholly within 1 county or to the district of a
representative
Representative in Congress located wholly within 1
county,
the petition for a recount shall must be filed not later
than 48 hours following the adjournment of the meeting of the board
of state canvassers at which the certificate of determination for
that
office was recorded pursuant to under
section 841. However,
for
a special election for representative Representative in
Congress, state senator, or state representative for a district
located
wholly within 1 county, the petition for recount shall must
be filed not later than 48 hours after the certificate of
determination is filed with the secretary of the board of state
canvassers.
(d) The petition is presented to and filed with the secretary
of state.
(e) The petition is written or printed and is signed and sworn
to by the candidate.
(f) The petition sets forth as nearly as possible the nature
and character of the fraud or mistakes alleged and the counties,
cities, or townships and the precincts in which they exist.
(g) The petition specifies the counties, cities, townships,
and precincts in which the recount is requested.
(h) If the office is the office of state representative, a
copy of the petition is filed with the clerk of the house of
representatives. If the office is the office of state senator, a
copy
of the petition shall be is
filed with the secretary of the
senate.
(2) If a state senatorial race is determined by a vote
differential of 500 votes or less or a state representative race is
determined by a vote differential of 200 votes or less, the
chairperson of a state political party may petition for a recount
of the votes on behalf of a candidate in that race in the manner
prescribed in subsection (1). Notwithstanding subsection (1)(b) and
(f), the petition filed under this subsection need not allege fraud
or
mistake. Notwithstanding subsection (1)(e), the petition shall
must be signed by the chairperson of the state political party
filing the petition under this subsection.
(3) The ballots in a precinct petitioned for recount in a
legislative
contest shall must be recounted for that office by the
board
of state canvassers and shall must
be preserved until the
contest is disposed of under the rules of the legislative body that
takes office beginning in January following the contested general
election. In legislative recounts of a special general election,
ballots
in a precinct petitioned for recount shall must be
preserved until the contest is disposed of under the rules of the
legislative body serving at the time the report in subsection (4)
is filed.
(4) Upon the completion of a recount for a legislative office,
the board of state canvassers, in addition to the certification
required by section 892, shall forward to the appropriate
legislative body a report of the results of the recount.
(5) This section does not limit the authority of the
legislature under section 16 of article IV of the state
constitution of 1963.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
