December 1, 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 867 and 881 (MCL 168.867 and 168.881), as
amended by 2014 PA 406.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 867. (1) A candidate or elector filing a recount petition
pursuant to section 862 or 863 shall file the recount petition with
the clerk of the appropriate board of county canvassers. Except as
otherwise provided in this section, at the time of filing the
recount petition, the petitioner shall deposit with the clerk the
sum of $25.00 for each precinct referred to in his or her recount
petition.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the percentage differential
separating the winning candidate and the petitioner is more than
5.0% of the total number of votes cast in the race, the petitioner
shall deposit with the clerk 100% of the estimated cost of the
recount for each precinct referred to in his or her petition. For
purposes of this subsection, the winning candidate in a primary for
a nonpartisan office where only 1 candidate will be elected means
the candidate nominated with the lesser number of votes.
(3) (2)
If 1 candidate is to be elected to
the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the clerk the sum of
$125.00 for each precinct referred to in his or her petition. For
purposes of this subsection, the winning candidate in a primary for
a nonpartisan office where only 1 candidate will be elected means
the candidate nominated with the lesser number of votes.
(4) (3)
If more than 1 candidate is to be
elected to the
office and the official canvass of votes shows that the number of
votes separating the winning candidate who received the least
number of votes and the petitioner is more than 50 votes or 0.5% of
the sum of the number of votes received by the 2 candidates,
whichever is greater, the petitioner shall deposit with the clerk
the sum of $125.00 for each precinct referred to in his or her
petition.
(5) (4)
If the vote is on a proposal and
the official canvass
of votes shows that the number of votes separating the "yes" votes
and the "no" votes is more than 50 votes or 0.5% of the total
number of votes cast on the proposal, whichever is greater, the
petitioner shall deposit with the clerk the sum of $125.00 for each
precinct referred to in his or her petition.
(6) (5)
If, by reason of the recount, the
petitioner
establishes sufficient fraud or mistake as set forth in his or her
recount 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 an amendment or proposition, the
votes for and against which were recounted, the clerk of the board
of county canvassers shall refund the money deposited to the
petitioner.
(7) (6)
If a refund is not made as required
under subsection
(5),
(6), the sum deposited shall must be
paid by the clerk of the
board of county canvassers to the treasurer of the county.
(8) (7)
If a precinct referred to in the
petition is
determined "not recountable" as provided in section 871(3) or,
subject
to subsection (8), (9), if a precinct referred to in the
petition is not recounted due to the withdrawal of the petition,
the
money deposited for the recount of that precinct shall must be
refunded to the petitioner.
(9) (8)
If the votes cast on the ballots
voted in a precinct
have been examined and recounted, the withdrawal of the petition
shall not result in a refund of the money deposited for the recount
of that precinct.
Sec. 881. (1) A person filing a recount petition pursuant to
section 879 or 880 shall file the petition with the state bureau of
elections. Except as otherwise provided in this section, at the
time of filing the petition, the petitioner shall deposit the sum
of $25.00 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 1 candidate is to be elected to the office and the
official canvass of votes shows that the percentage differential
separating the winning candidate and the petitioner is more than
5.0% of the total number of votes cast in the race, the petitioner
shall deposit with the state bureau of elections 100% of the
estimated cost of the recount for each precinct referred to in his
or her petition. For purposes of this subsection, the winning
candidate in a primary for a nonpartisan office where only 1
candidate will be elected means the candidate nominated with the
lesser number of votes.
(3) (2)
If 1 candidate is to be elected to
the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the state bureau of
elections the sum of $125.00 for each precinct referred to in his
or her petition. For purposes of this subsection, the winning
candidate in a primary for a nonpartisan office where only 1
candidate will be elected means the candidate nominated with the
lesser number of votes.
(4) (3)
If more than 1 candidate is to be
elected to the
office and the official canvass of votes shows that the number of
votes separating the winning candidate who received the least
number of votes and the petitioner is more than 50 votes or 0.5% of
the sum of the number of votes received by the 2 candidates,
whichever is greater, the petitioner shall deposit with the state
bureau of elections the sum of $125.00 for each precinct referred
to in his or her petition.
(5) (4)
If the vote is on a proposal and
the official canvass
of votes shows that the number of votes separating the "yes" votes
and the "no" votes is more than 50 votes or 0.5% of the total
number of votes cast on the proposal, whichever is greater, the
petitioner shall deposit with the state bureau of elections the sum
of $125.00 for each precinct referred to in his or her petition.
(6) (5)
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 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 the number of precincts in the county in which the votes
were recounted.
(7) (6)
If a precinct referred to in the
petition is
determined "not recountable" as provided in section 871(3) or,
subject
to subsection (7), (8), if a precinct referred to in the
petition is not recounted due to the withdrawal of the petition,
the
money deposited for the recount of that precinct shall must be
refunded to the petitioner.
(8) (7)
If the votes cast on the ballots
voted in a precinct
have been examined and recounted, the withdrawal of the petition
shall not result in a refund of the money deposited for the recount
of that precinct.
Enacting section 1. This amendatory act is retroactive and
effective January 1, 2016.