RECALL PETITION CIRCULATOR CRITERIA                                                          S.B. 640:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

Senate Bill 640 (as introduced 12-3-15)

Sponsor:  Senator Dave Robertson

Committee:  Elections and Government Reform

Date Completed:  4-27-16

CONTENT

The bill would amend the Michigan Election Law to delete a requirement that a person circulating a recall petition be a registered voter in the district of the official sought to be recalled.

Currently, a person circulating a recall petition must be a qualified and registered elector in the electoral district of the official sought to be recalled. The circulator must attach to the petition his or her certificate stating that fact, as well as the city or township where he or she lives and his or her post office address. The bill would delete these requirements.

The bill would require a person circulating a recall petition to state in the certificate of circulator his or her residence address and that he or she is 18 years of age or older and a United States citizen.

The bill would retain a requirement that the circulator's certificate also indicate the following:

-- That signatures appearing on the petition were not obtained through fraud, deceit, or misrepresentation and that the circulator has not caused or permitted a person to sign more than once and has no knowledge of a person doing so.

-- That all signatures to the petition were made in the circulator's presence.

-- That, to the best of the circulator's knowledge, information, and belief, the signers are qualified and registered electors and the signatures on the petition are the genuine signatures of the people signing the petition.

A person who makes a false statement in a certificate or circulator is guilty of a misdemeanor. (Under the Election Law, unless a different penalty is specified, a misdemeanor violation of the Law is punishable by a maximum fine of $500, imprisonment for up to 90 days, or both.)

MCL 168.957                                                             Legislative Analyst:  Suzanne Lowe

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                       Fiscal Analyst:  Joe Carrasco

                                                                                                            Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.