March 22, 2005, Introduced by Reps. Lemmons, III, Lemmons, Jr., Espinoza, Cushingberry, Hunter, Cheeks, Zelenko, Sheltrown, Waters, Virgil Smith, Spade, Byrnes, Donigan, Clemente, Gonzales, McConico, Alma Smith, Condino, Bieda, Gosselin, Nofs, Hansen, Caul, Jones, Hummel, Stahl, Phillips, Anderson, Farrah, Meyer, Moore and Hoogendyk and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 867 and 881 (MCL 168.867 and 168.881), section
867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA
261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 867. The candidate or elector filing a recount petition
with the clerk of the correct board of canvassers shall at the same
time deposit with the clerk the sum of $10.00 for each precinct
referred to in his or her petition. If, by reason of the recount,
the petitioner establishes sufficient fraud or mistake as set forth
in his or her petition to change the result of the election and
receives a certificate of election or establishes sufficient fraud
or
mistake to change the result , upon on an amendment or
proposition,
the votes for and against , which
were recounted,
the money deposited by the petitioner shall be refunded. If the
petitioner does not establish a fraud or mistake as set forth in
his or her petition, the sum deposited shall be paid by the clerk
of the board of county, city, township, or village canvassers to
the treasurer of the county, city, township, or village. If the
votes cast in a precinct referred to in the petition are unable to
be recounted for any reason, the money deposited for the recount of
that precinct shall be refunded to the petitioner.
Sec.
881. (1) A person filing a recount petition pursuant to
under section 879 or 880 shall file the petition with the state
bureau of elections. At the time of filing the petition, the
petitioner shall deposit the sum of $10.00 for each precinct in
which a recount of the votes is demanded in cash or by check or
other negotiable instrument made payable to the state of Michigan.
(2) If, by reason of the recount, the petitioner establishes
fraud or mistake as set forth in his or her petition and receives a
certificate of election or establishes sufficient fraud or mistake
to
change the result , upon on an amendment or proposition, the
votes
for and against , which
were recounted, the state bureau of
elections shall refund the money deposited to the petitioner. The
secretary of state shall refund the money deposited to a petitioner
who is a chairperson of a state political party if the results of
the race for which a recount was petitioned for under section 879
are changed. If a refund is not made as required by this section,
then the secretary of state shall pay to the treasurer of each
county
its proportionate share of the deposit based upon on the
number of precincts in the county in which the votes were
recounted.
(3) If the votes cast in a precinct referred to in the
petition are unable to be recounted for any reason, the money
deposited for the recount of that precinct shall be refunded to the
petitioner as provided in subsection (2).