HOUSE BILL No. 4896


     September 28, 1999, Introduced by Rep. Law and referred to the Committee on
Constitutional Law and Ethics.


        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  AN
             election in

 4     such  THAT county at which there has been
             submitted  any  A con-

 5    stitutional amendment, question, or proposition to the electors

 6    of  the  THIS state or  any  OF A
             county, township, or

 7    municipality.  thereof. 

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

 9    brought within 30 days after  such election  THE
             FINAL

10    CERTIFICATION OF THE ELECTION BY THE BOARD OF CANVASSERS,

11    INCLUDING ANY CERTIFICATION THAT OCCURS AFTER THE INITIAL


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 1    CERTIFICATION DUE TO THE RECOUNT OF ANY OR ALL OF THE VOTES CAST

 2    AT THE ELECTION OR THE HOLDING OF A SPECIAL MAIL ELECTION IN 1 OR

 3    MORE OF THE PRECINCTS INVOLVED IN THE ELECTION PURSUANT TO SEC-

 4    TIONS 831 TO 839 OF THE MICHIGAN ELECTION LAW, 1954 PA 116, MCL

 5    168.831 TO 168.839.  THE ACTION SHALL BE BROUGHT by  the
              ANY OF

 6    THE FOLLOWING:

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

 8     proper  county IN WHICH THE ELECTION OCCURRED on
             his  own

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

10    A citizen of  said  THE county without leave of the
             court.  , or

11     by any 

12         (B) A citizen of the county by special leave of the court or

13    a judge.  thereof.  Such 

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

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

16     been committed  ALLEGEDLY OCCURRED.

17         (4)  (3)  After such action is brought, the
             procedure shall

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

19    quo warranto.



















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