April 25, 2007, Introduced by Rep. David Law and referred to the Committee on Ethics and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 867 and 881 (MCL 168.867 and 168.881), section
867 as amended by 1980 PA 200 and section 881 as amended by 1995 PA
261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
867. (1) The A
candidate or elector filing a recount
petition pursuant to section 862 or 863 shall file the petition
with
the clerk of the correct appropriate
board of canvassers.
shall
Except as otherwise provided
in this section, at the same
time of filing the petition, the petitioner shall deposit with the
clerk
the sum of $10.00 $25.00 for each precinct referred to in his
or her petition.
(2) If the initial canvass of votes results in a vote
differential of more than 0.5% or 50 votes, whichever is greater, a
candidate or elector filing a recount petition pursuant to section
862 or 863 with the clerk of the appropriate board of canvassers
shall at the same time pay to the clerk the sum of $125.00 for each
precinct in which a recount of votes is demanded as a deposit for
conducting the recount.
(3) If, by reason of the recount, the petitioner establishes
sufficient fraud or mistake as set forth in his or her 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
canvassers
shall refund the money deposited by to the
petitioner.
shall
be refunded. If
(4) For a recount conducted under subsection (1), if the
petitioner does not establish a fraud or mistake as set forth in
his or her petition, the sum deposited shall be paid by the clerk
of the appropriate board of canvassers to the treasurer of the
county, city, township, or village.
(5) For a recount conducted under subsection (2), if the
petitioner does not establish a fraud or mistake as set forth in
his
or her petition, the sum deposited shall be paid by the clerk
of
the board of county, city, township, or village canvassers
petitioner shall pay the actual costs of conducting the recount
minus the deposit paid in subsection (2) to the clerk of the
appropriate board of canvassers not later than 90 days after the
completion of the recount. The clerk of the appropriate board of
canvassers shall forward to the treasurer of the county, city,
township, or village the actual costs and deposit amount collected
from the petitioner under this subsection.
(6) If for any reason a recount does not take place in a
precinct referred to in the petition, the money deposited for the
recount of that precinct shall be refunded to the petitioner.
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.
At Except as otherwise
provided in this section, at the
time of filing the petition, the petitioner shall deposit the sum
of
$10.00 $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 the initial canvass of votes results in a vote
differential of more than 0.5% or 50 votes, whichever is greater, a
person filing a recount petition pursuant to section 879 or 880
with the state bureau of elections shall at the same time pay to
the state bureau of elections the sum of $125.00 for each precinct
in which a recount of votes is demanded in cash or by check or
other negotiable instrument made payable to the state of Michigan
as a deposit for conducting the recount.
(3) (2)
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
(4) For a recount conducted under subsection (1), if the
petitioner does not establish a fraud or mistake as set forth in
his or her petition, 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.
(5) For a recount conducted under subsection (2), if the
petitioner does not establish a fraud or mistake as set forth in
his or her petition, the petitioner shall pay the actual costs of
conducting the recount minus the deposit paid in subsection (2) to
the state bureau of elections not later than 90 days after the
completion of the recount. 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 actual costs for
conducting the recount from the
amount collected from the petitioner under this subsection.
(6) If for any reason a recount does not take place in a
precinct referred to in the petition, the money deposited for the
recount of that precinct shall be refunded to the petitioner.