Bill Text: MI HB5703 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Elections; recall; provision related to recalled candidate as the nominee of the party; remove, and eliminate recall primary election. Amends secs. 963, 967, 969, 970a, 970c, 970e, 970g, 971a, 972, 973a & 977 of 1954 PA 116 (MCL 168.963 et seq.) & repeals secs. 970b & 971c of 1954 PA 116 (MCL 168.970b & 168.971c).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-05-31 - Bill Electronically Reproduced 05/26/2016 [HB5703 Detail]
Download: Michigan-2015-HB5703-Introduced.html
HOUSE BILL No. 5703
May 26, 2016, Introduced by Reps. Howrylak, Pagan, Robinson, Howell, LaVoy and Aaron Miller and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 963, 967, 969, 970a, 970c, 970e, 970g, 971a,
972, 973a, and 977 (MCL 168.963, 168.967, 168.969, 168.970a,
168.970c, 168.970e, 168.970g, 168.971a, 168.972, 168.973a, and
168.977), section 963 as amended by 2015 PA 99, sections 967, 969,
and 972 as amended and sections 970a, 970c, 970g, 971a, 973a, and
977 as added by 2012 PA 417, and section 970e as amended by 2015 PA
102; 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) If a recall petition is filed under section 960,
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 recall election and proceed under sections
971c
972 to 975. The recall election shall be held not less
than 95
days after the date the recall petition is filed and shall be held
on the next May regular election date or the next November regular
election date, whichever occurs first.
(3) Except as otherwise provided in subsection (4), if a
recall petition is filed under section 959, the filing official
with whom the recall petition is filed shall call the recall
primary
election and proceed under sections
970b 970c to 970g. The
recall
primary 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.
(4) If a recall petition is filed under section 959 demanding
the recall of the governor, the filing official with whom the
recall petition is filed shall call a special recall election and
proceed under sections 975c to 975g. The special recall election
shall be held not less than 95 days after the date the recall
petition is filed and shall be held on the next May regular
election date or the next August regular election date, whichever
occurs first.
Sec.
967. The expenses of a special recall election , a recall
primary
election, a recall general election, or
a recall election
shall be payable in the same manner as are the costs of a regular
election to fill the office in question.
Sec. 969. After filing a recall petition and after a recall
election ,
a recall general election, or
special recall election
under this chapter, no further recall petition shall be filed
against the same incumbent of that office during the term for which
he or she is elected.
Sec.
970a. Sections 970b 970c to 970g apply to the recall
primary
election and recall general election
for an office listed
in section 959.
Sec.
970c. (1) Except as otherwise provided in subsection (2),
for
the recall primary election, a A
political party candidate may
qualify
for the recall primary election by filing a nominating
petition or paying a $100.00 nonrefundable fee with the secretary
of state not later than 4 p.m. on the tenth day after the filing
official with whom the recall petition is filed calls the recall
primary
election. The nominating petition
shall be filed with the
secretary of state and signed by 10% of the number of signatures
required under section 544f.
(2)
As provided in section 970b, if the incumbent is the
nominee
of his or her political party at the recall general
election,
an individual in the incumbent's political party is not
eligible
as a candidate for the recall primary election and that
political
party shall not conduct a recall primary election.
Sec.
970e. Subject to section 970b, the candidate of each
political
party receiving the greatest number of votes cast for
candidates
at the recall primary election as set forth in the
report
of the board of state canvassers, based on the returns from
the
various election precincts, shall be declared the nominee of
that
political party at the recall general election to be held on
the
next May regular election date or the next August regular
election
date, whichever occurs first. In addition, except as
otherwise
provided in this section, a A
candidate without a
political
party affiliation may qualify for the recall general
election by filing a qualifying petition with the officer with whom
the recall petitions were filed that contains 10% of the number of
signatures required under section 544f within 10 days after the
recall
general election is scheduled. An individual who was an
unsuccessful
candidate in the recall primary election may not
subsequently
file a qualifying petition as a candidate without a
political
party affiliation for the recall general election.
Sec. 970g. The candidate receiving the highest number of votes
in
the recall general election is elected for the remainder of the
term.
Sec.
971a. Sections 971c 972 to 975 apply to the recall
election for an office listed in section 960.
Sec.
972. (1) Except as provided in subsection (2), and
section
971c, if the recall election
involves a nonpartisan office,
a candidate for that nonpartisan office shall be nominated and
voted for in the recall election by filing a nominating petition or
paying a $100.00 nonrefundable fee not later than 4 p.m. on the
tenth day after the 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 10%
of the number of qualified and registered electors of the electoral
district as required 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 a recall election 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 be filed with the school
district election coordinator, as designated by section 301, not
later than 4 p.m. on the tenth day after the 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 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 the office of county commissioner 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.
(b) 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.
(c) 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.
(d) 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 971c, the political
party
of that incumbent candidate shall nominate a candidate using
the
nominating procedure as provided in subsection (1).
(2) (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.
(3) (4)
A candidate without a political
party affiliation may
qualify for a partisan office by filing a qualifying petition with
the officer with whom the recall petitions were filed that contains
10% of the number of signatures required under section 544f within
10 days after the calling of the recall election.
Sec. 977. (1) An officer who is recalled under this chapter
shall not be appointed to fill a vacancy in an elective office in
the electoral district or governmental unit from which the recall
was made during the term of office from which the officer was
recalled.
(2) An officer who resigns subsequent to the filing of a
recall petition shall not be appointed to fill a vacancy in
elective office in that electoral district or governmental unit
during the term of the office from which the officer resigned.
(3) If an officer resigns subsequent to the filing of
petitions to recall that officer from office, it is not necessary
for the office with which the recall petitions have been filed to
proceed under sections 961 and 963.
(4) If an officer whose recall is sought resigns after the
calling
of a recall primary election, recall general election,
recall
election , or
special recall election, the election shall
not be held.
Enacting section 1. Sections 970b and 971c of the Michigan
election law, 1954 PA 116, MCL 168.970b and 168.971c, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
