SENATE BILL No. 139

 

 

January 31, 2007, Introduced by Senators VAN WOERKOM, KUIPERS, BIRKHOLZ, SWITALSKI and JANSEN and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 968 (MCL 168.968), as amended by 1989 PA 26.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 968. (1) If a petition is filed under section 960, the

 

board of county canvassers in the county where the petition is

 

filed shall conduct the canvass of the recall election. The canvass

 

of other recall elections shall be by the board of state

 

canvassers. If Except as otherwise provided in subsection (2), if a

 

board of canvassers determines that a majority of the votes are in

 

favor of recall, the board of canvassers immediately upon the

 

determination shall certify the result to the officer with whom the

 

recall petition was filed. Upon certification, the office is

 

vacant. The officer with whom the recall petition was filed shall,


 

immediately upon receipt of the certification, notify the clerk or

 

secretary of the electoral district or, if the electoral district

 

is a district library district, the district library board from

 

which the official was recalled and the recalled official of the

 

results of the recall election and the date and time of the

 

certification.

 

     (2) If the officer whose recall is sought is an officer of a

 

county, city, village, township, or school district, the board of

 

canvassers shall not certify as provided in subsection (1) unless

 

the majority of votes is in favor of recall and that majority

 

totals at least 1 vote more than the votes cast for the officer

 

whose recall is sought at the election at which the officer was

 

elected for that term.