Bill Text: MI HB5507 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Elections; recounts; time frame to file recount petitions; modify to 8 days after final certification and determination by the board of canvassers. Amends secs. 866 & 879 of 1954 PA 116 (MCL 168.866 & 168.879).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-02-01 - Bill Electronically Reproduced 01/31/2018 [HB5507 Detail]

Download: Michigan-2017-HB5507-Introduced.html

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HOUSE BILL No. 5507

 

 

January 31, 2018, Introduced by Reps. Geiss, Ellison, Love, Cambensy, Dianda, Peterson, Cochran, Durhal, Chang, Santana and Gay-Dagnogo.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 866 and 879 (MCL 168.866 and 168.879), section

 

866 as amended by 2013 PA 51 and section 879 as amended by 1999 PA

 

216.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 866. (1) Except as otherwise provided in subsection (2),

 

recount petitions, either for an office or proposition, other than

 

those filed with the secretary of state, shall must be filed with

 

the clerk of the board of county canvassers that originally

 

conducted the canvass.

 

     (2) For a school district election, recount petitions, either

 

for an office or proposition, shall must be filed with the clerk of

the board of county canvassers that certified the result of the

 

school district election.

 

     (3) Recount petitions shall must be filed within 6 8 days

 

after the original canvass has been completed date of final

 

certification and determination by the board of county canvassers

 

of the canvass of votes cast at an election. A copy of the recount

 

petition shall must also be filed with the secretary of state

 

within 2 days after the time the original recount petition is filed

 

with the board of county canvassers as provided in this section.

 

     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 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 8 days after the date of final certification and

 

determination by the appropriate board of canvassers 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 8 days following the

 

date of 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 8 days after the date 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 For the office of state representative, a

 

copy of the petition is filed with the clerk of the house of

representatives. If the office is For 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.