HB-4245, As Passed House, July 17, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4245

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 961a (MCL 168.961a), as amended by 1999                 

PA 220.                                                                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 961a.  (1) Not later than the business day following                   

2   the filing of a recall petition, the official with whom the                 

3   recall was filed shall notify in writing the officer whose recall           

4   is sought that the recall petition has been filed.                          

5       (2) An officer whose recall is sought may challenge the                     

6   validity of the registration or the validity and genuineness of             

7   the signature of a circulator or person signing the recall                  

8   petition.  A challenge shall be in writing, specifying the                  

9   challenged signature, and shall be delivered to the filing                  

10  official within 30 days after the filing of the petitions.  The             

1   officer whose recall is sought shall have not less than  8 6               

2   business days after the clerk has examined the signatures to                

3   check signatures on the original registration records.                      

4       (3) Subject to subsection (4), a challenged signature shall                 

5   be compared with the signature on the original registration                 

6   record.                                                                     

7       (4) The qualified voter file may be used to determine the                   

8   validity of petition signatures by verifying the registration of            

9   signers.  If the qualified voter file indicates that, on the date           

10  the elector signed the petition, the elector was not registered             

11  to vote, there is a rebuttable presumption that the signature is            

12  invalid.  If the qualified voter file indicates that, on the date           

13  the elector signed the petition, the elector was not registered             

14  to vote in the city or township designated on the petition, there           

15  is a rebuttable presumption that the signature is invalid.