MAKE RESIGNATIONS & REMOVALS FROM LEGISLATURE EFFECTIVE FOR DURATION OF TERM
House Bill 4208 as introduced
Sponsor: Rep. Aaron Miller
Committee: Elections & Ethics
Complete to 2-14-17
SUMMARY:
House Bill 4208 would amend two sections of Michigan Election Law (MCL 168.175 and 168.177) concerning removal and resignation of state senators and representatives. It would prohibit a member who resigned or was expelled from competing in the special election to fill out the term of office. This bill would take effect 90 days after enactment.
Now, a state senator or representative who resigns that office must file a written notice with the effective date of the resignation with the presiding officer of the respective house, who will transmit that notice to the governor. House Bill 4208 would add a clarification that the resignation will remain in effect for the duration of the unexpired legislative term.
Likewise, the bill would provide that the removal of a senator or representative remains in effect for the duration of the unexpired legislative term.
Removal from office is described in Article IV, Section 16, of the Michigan Constitution,[1] and provides that a senator or representative's house is "the sole judge of the qualifications, elections, and returns of its members." A member may be expelled if two-thirds of the body votes for expulsion. No member may be expelled a second time for the same cause.
An identical bill was introduced in the 2015-2016 legislative session as House Bill 5407. It was reported out of the House Elections committee, and passed the full House on March 24, 2016. [2]
FISCAL IMPACT:
The bill does not appear to have any fiscal impact.
Legislative Analyst: Jenny McInerney
Fiscal Analyst: Ben Gielczyk
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.