HOUSE BILL No. 5878


     May 20, 1998, Introduced by Rep. Law and referred to the Committee on Local Government.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   by amending section 4545 (MCL 600.4545).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 4545.  (1) An action may be brought in the circuit

 2    court of any county of this state whenever it appears that mate-

 3    rial fraud or error has been committed at any election in  such 

 4    THAT county at which there has been submitted any constitutional

 5    amendment, question, or proposition to the electors of  the  THIS

 6    state or OF any county, township, or municipality.  thereof. 

 7         (2)  Such  THE action DESCRIBED IN SUBSECTION (1) shall be

 8    brought within 30 days after  such election  THE FINAL CERTIFICA-

 9    TION OF THE ELECTION BY THE BOARD OF CANVASSERS, INCLUDING ANY

10    CERTIFICATION THAT OCCURS AFTER THE INITIAL CERTIFICATION DUE TO

11    THE RECOUNT OF ANY OR ALL OF THE VOTES CAST AT THE ELECTION OR


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 1    THE HOLDING OF A SPECIAL MAIL ELECTION IN 1 OR MORE OF THE

 2    PRECINCTS INVOLVED IN THE ELECTION PURSUANT TO SECTIONS 831 TO

 3    839 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL 168.831 TO

 4    168.839.  THE ACTION SHALL BE BROUGHT by  the  ANY OF THE

 5    FOLLOWING:

 6         (A) THE attorney general or the prosecuting attorney of the

 7     proper  county IN WHICH THE ELECTION OCCURRED on his  own

 8     relation  OR HER OWN BEHALF, or on  the relation  BEHALF of any

 9    citizen of  said  THE county without leave of the court.  , or by

10     any 

11         (B) ANY citizen of the county by special leave of the court

12    or a judge.  thereof.  Such 

13         (3) THE action shall be brought against the municipality

14     wherein such  IN WHICH THE fraud or error  is alleged to have

15     been committed  ALLEGEDLY OCCURRED.

16         (4)  (3)  After such action is brought, the procedure shall

17    conform as near as may be to that provided by law for actions for

18    quo warranto.





















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