HB-4638, As Passed House, February 10, 2004

SUBSTITUTE FOR

HOUSE BILL NO. 4638

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 951 (MCL 168.951), as amended by 1993 PA 45.            

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 951.  (1)  Every Each elective officer,  in the                       

2   state,  except a judicial officer, is subject to recall by the              

3   voters of the electoral district in which the officer is elected            

4   as provided in this chapter.   A If an officer's term of office            

5   is 2 years or less, a recall petition shall not be filed against            

6   an the officer until the officer has actually performed the               

7   duties of the office to which elected for a period of 6 months              

8   during the current term of that office  .  A petition and shall            

9   not be filed against an officer during the last 6 months of the             

10  officer's term of office.  If an officer's term of office is more           

11  than 2 years, a recall petition shall not be filed against the              

1   officer until the officer has actually performed the duties of              

2   the office to which elected for a period of 1 year during the               

3   current term of office and shall not be filed against an officer            

4   during the last 1 year of the officer's term of office. An                  

5   officer sought to be recalled shall continue to perform duties of           

6   the office until the result of the recall election is certified.            

7   (2) Notwithstanding the provisions of subsection (1), if, on                

8   the effective date of the amendatory act that added this                    

9   subsection, language to recall an officer has been submitted and            

10  approved under section 952, then a recall petition may be filed             

11  if the officer has actually performed the duties of office for a            

12  period of 6 months and it is not within the last 6 months of the            

13  term of office, regardless of the officer's term of office.