Bill Text: MI SJRS | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Elections; recall; reasons for recalling an elective officer; amend constitution to provide for. Amends sec. 8, art. II of the state constitution.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2011-12-01 - Referred To Committee On Government Operations [SJRS Detail]

Download: Michigan-2011-SJRS-Introduced.html

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SENATE JOINT RESOLUTION S

 

 

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.