Bill Text: MI SB0009 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Elections; recall; criteria for recall petition; amend. Amends secs. 951 & 952 of 1954 PA 116 (MCL 168.951 & 168.952).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-14 - Referred To Committee On Campaign And Election Oversight [SB0009 Detail]
Download: Michigan-2009-SB0009-Introduced.html
SENATE BILL No. 9
January 14, 2009, Introduced by Senator GLEASON and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 951 and 952 (MCL 168.951 and 168.952), section
951 as amended by 1993 PA 45 and section 952 as amended by 1993 PA
137.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
951. (1) Every Each elective officer, in
the state,
except a judicial officer, is subject to recall by the voters of
the electoral district in which the officer is elected as provided
in
this chapter. A If an
officer's term of office is 2 years or
less,
a recall petition shall not be filed
against an the officer
until the officer has actually performed the duties of the office
to which elected for a period of 6 months during the current term
of
that office . A and
a recall petition shall not be filed
against
an officer during the last 6 months of the officer's term of
office. If an officer's term of office is more than 2 years, a
recall petition shall not be filed against the officer until the
officer has actually performed the duties of the office to which
elected for a period of 1 year during the current term of office
and a recall petition shall not be filed against an officer during
the last 1 year of the officer's term of office. An officer sought
to
be recalled shall continue to perform the
duties of the his or
her office until the result of the recall election is certified.
(2) Notwithstanding the provisions of subsection (1), if, on
the effective date of the amendatory act that added this
subsection, language to recall an officer has been submitted and
approved under section 952, then a recall petition may be filed if
the officer has actually performed the duties of his or her office
for a period of 6 months and it is not within the last 6 months of
the term of office, regardless of the officer's term of office.
Sec. 952. (1) A petition for the recall of an officer shall
meet all of the following requirements:
(a) Comply with section 544c(1) and (2).
(b) Be printed.
(c) State clearly and factually each reason for the recall.
Each reason for the recall shall be limited to issues that cannot
be overturned by board action or for which no other political
recourse is available and shall be based upon the officer's conduct
during his or her current term of office. The reason for the recall
may be typewritten.
(d) Contain a certificate of the circulator. The certificate
of the circulator may be printed on the reverse side of the
petition.
(e) Be in a form prescribed by the secretary of state.
(2) Before being circulated, a petition for the recall of an
officer shall be submitted to the board of county election
commissioners of the county in which the officer whose recall is
sought resides.
(3) The board of county election commissioners, not less than
10 days or more than 20 days after submission to it of a petition
for the recall of an officer, shall meet and shall determine
whether each reason for the recall stated in the petition is of
sufficient clarity to enable the officer whose recall is sought and
the electors to identify the course of conduct that is the basis
for the recall. Failure of the board of county election
commissioners to comply with this subsection shall constitute a
determination that each reason for the recall stated in the
petition is of sufficient clarity to enable the officer whose
recall is being sought and the electors to identify the course of
conduct that is the basis for the recall.
(4) The board of county election commissioners, not later than
24 hours after receipt of a petition for the recall of an officer,
shall notify the officer whose recall is sought of each reason
stated in the recall petition and of the date of the meeting of the
board of county election commissioners to consider the clarity of
each reason.
(5) The officer whose recall is sought and the sponsors of the
recall petition may appear at the meeting and present arguments on
the clarity of each reason.
(6) The determination by the board of county election
commissioners may be appealed by the officer whose recall is sought
or by the sponsors of the recall petition drive to the circuit
court in the county. The appeal shall be filed not more than 10
days after the determination of the board of county election
commissioners.
(7) A recall petition that is determined to be of sufficient
clarity
under subsection (1) (3) or, if the determination under
subsection
(1) (3) is appealed pursuant to under subsection
(6), a
recall petition that is determined by the circuit court to be of
sufficient clarity is valid for 180 days following the last
determination of sufficient clarity under this section. A recall
petition that is filed under section 959 or 960 after the 180-day
period described in this subsection is not valid and shall not be
accepted
pursuant to under section 961. This subsection does not
prohibit a person from resubmitting a recall petition for a
determination of sufficient clarity under this section.