HOUSE BILL No. 5700

May 26, 2016, Introduced by Rep. Lyons and referred to the Committee on Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 951a and 952 (MCL 168.951a and 168.952),

section 951a as added and section 952 as amended by 2012 PA 417.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 951a. (1) A petition for the recall of an officer listed

in section 959 shall meet all of the following requirements:

(a) Comply with section 544c(1) and (2).

(b) Be printed.

Each reason for the recall shall be based upon the officer's

conduct during his or her current term of office. The reason for

the recall may be typewritten. If any reason for the recall is

based on the officer's conduct in connection with specific

legislation, the reason for the recall shall not misrepresent the

content of the specific legislation.

(d) Contain a certificate of the circulator. The certificate

of the circulator may be printed on the reverse side of the

petition.

(e) Be in a form prescribed by the secretary of state.

(2) Before being circulated, a petition for the recall of an

officer ~~under subsection (1)~~ listed in section 959, except for a

county officer, shall be submitted to the board of state

canvassers.

(3) The board of state canvassers, not less than 10 days or

more than 20 days after submission to it of a petition for the

recall of an officer ~~under subsection (1),~~ listed in section 959,

except for a county officer, shall meet and shall determine by an

affirmative vote of 3 of the members serving on the board of state

canvassers whether each reason for the recall stated in the

petition is factual and of sufficient clarity to enable the officer

whose recall is sought and the electors to identify the course of

conduct that is the basis for the recall. If any reason for the

recall is not factual or of sufficient clarity, the entire recall

petition shall be rejected. Failure of the board of state

canvassers to meet as required by this subsection shall constitute

a determination that each reason for the recall stated in the

petition is factual and of sufficient clarity to enable the officer

whose recall is being sought and the electors to identify the

course of conduct that is the basis for the recall.

(4) The board of state canvassers, not later than ~~24 hours~~ 2

business days after receipt of a petition for the recall of an

officer as provided under subsection (2), shall notify the officer

whose recall is sought of each reason stated in the recall petition

and of the date of the meeting of the board of state canvassers to

consider whether each reason is factual and of sufficient clarity.

(5) The officer whose recall is sought and the sponsors of the

recall petition may appear at the meeting and present arguments on

whether each reason is factual and of sufficient clarity.

(6) The determination by the board of state canvassers may be

appealed by the officer whose recall is sought or by the sponsors

of the recall petition drive to the Michigan court of appeals. The

appeal shall be filed not more than 10 days after the determination

of the board of state canvassers. If a determination of the board

of state canvassers is appealed to the Michigan court of appeals,

the recall petition is not valid for circulation and shall not be

circulated until a determination of whether each reason is factual

and of sufficient clarity is made by the Michigan court of appeals

or until 40 days after the date of the appeal, whichever is sooner.

(7) A petition is not valid for circulation if at any time the

Michigan court of appeals determines that each reason on the recall

petition is not factual and of sufficient clarity.

(8) A recall petition is valid for 180 days after either of

the following, whichever occurs later:

(a) The date of determination of whether each reason is

factual and of sufficient clarity by the board of state canvassers.

(b) The sooner of the following:

(i) The date of determination of whether each reason is

factual and of sufficient clarity by the Michigan court of appeals.

(ii) Subject to subsection (7), 40 days after the date of the

appeal under subsection (6).

(9) A recall petition that is filed after the 180-day period

described in subsection (8) is not valid and shall not be accepted

by the filing official under section 961. This subsection does not

prohibit a person from resubmitting a recall petition for a

determination of sufficient clarity and factualness under this

section.

Sec. 952. (1) A petition for the recall of an officer listed

in section 960 shall meet all of the following requirements:

(a) Comply with section 544c(1) and (2).

(b) Be printed.

Each reason for the recall shall be based upon the officer's

conduct during his or her current term of office. The reason for

the recall may be typewritten.

(d) Contain a certificate of the circulator. The certificate

of the circulator may be printed on the reverse side of the

petition.

(e) Be in a form prescribed by the secretary of state.

(2) Before being circulated, a petition for the recall of an

officer ~~under subsection (1)~~ listed in section 960 or a petition

for the recall of any county officer shall be submitted to the

board of county election commissioners of the county in which the

officer whose recall is sought resides.

(3) The board of county election commissioners, not less than

10 days or more than 20 days after submission to it of a petition

for the recall of an officer ~~under subsection (1),~~ listed in

section 960 or a petition for the recall of any county officer,

shall meet and shall determine whether each reason for the recall

stated in the petition is factual and of sufficient clarity to

enable the officer whose recall is sought and the electors to

identify the course of conduct that is the basis for the recall. If

any reason for the recall is not factual or of sufficient clarity,

the entire recall petition shall be rejected. Failure of the board

of county election commissioners to meet as required by this

subsection shall constitute a determination that each reason for

the recall stated in the petition is factual and of sufficient

clarity to enable the officer whose recall is being sought and the

electors to identify the course of conduct that is the basis for

the recall.

(4) The board of county election commissioners, not later than

~~24 hours~~ 2 business days after receipt of a petition for the recall

of an officer as provided under subsection (2), shall notify the

officer whose recall is sought of each reason stated in the recall

petition and of the date of the meeting of the board of county

election commissioners to consider whether each reason is factual

and of sufficient clarity.

(5) The officer whose recall is sought and the sponsors of the

recall petition may appear at the meeting and present arguments on

whether each reason is factual and of sufficient clarity.

(6) The determination by the board of county election

commissioners may be appealed by the officer whose recall is sought

or by the sponsors of the recall petition drive to the circuit

court in the county. The appeal shall be filed not more than 10

days after the determination of the board of county election

commissioners. If a determination of the board of county election

commissioners is appealed to the circuit court in the county, the

recall petition is not valid for circulation and shall not be

circulated until a determination of whether each reason is factual

and of sufficient clarity is made by the circuit court or until 40

days after the date of the appeal, whichever is sooner.

(7) A petition is not valid for circulation if at any time a

circuit court determines that each reason on the recall petition is

not factual and of sufficient clarity.