House Bill No. 5550

This bill is meant to make changes to the Michigan election law from 1954. It specifically amends sections 951a and 952 of the law. The changes were necessary due to the amendments made by the 2018 PA 190 bill.

Section 951a

This section outlines the requirements for a petition to recall an elected official mentioned in section 959. The petition must meet the following criteria:

Comply with section 544c(1) and (2).
Be printed.
Clearly state each reason for the recall, based on the officer's conduct during their current term. The reasons can be typewritten, but if they relate to specific legislation, they must not misrepresent the content of that legislation.
Include a certificate of the circulator, which can be printed on the back of the petition.
Use a form prescribed by the secretary of state.

Before circulating the petition, it must be submitted to the board of state canvassers. The board has a specific timeframe to determine if each reason for the recall is factual and clear enough for the officer and the electors to understand the basis for the recall. If any reason is not factual or clear, the entire petition is rejected. If the board fails to meet within the required timeframe, it is automatically considered that each reason is factual and clear.

Within 3 business days of receiving the petition, the board must notify the officer of each reason stated in the recall petition and inform them of the date of the board meeting to consider the factualness and clarity of each reason. The officer and the sponsors of the recall petition have the right to appear at the meeting and present their arguments.

If the officer or the sponsors of the recall petition disagree with the board's determination, they can appeal to the court of appeals within 10 days. During the appeal process, the petition cannot be circulated until it is determined by the court of appeals or until 40 days after the appeal, whichever is earlier.

If the court of appeals determines at any point that any reason on the recall petition is not factual or clear, the petition is not valid for circulation.

The recall petition remains valid for 180 days after the determination of factualness and clarity by the board of state canvassers or the court of appeals, whichever occurs later. If the petition is filed after this 180-day period, it is not accepted. However, this subsection doesn't prevent an individual from resubmitting a recall petition for evaluation of its factualness and clarity.

Section 952

This section is similar to Section 951a but outlines the requirements and process for a recall petition for an officer listed in section 960. The main difference lies in the petition being submitted to the board of county election commissioners instead of the board of state canvassers.

Elections: Recall