Legislation watch
Mackinac Center for Public Policy
Capitol Building

2012 House Bill 6060: Give county officials power to halt recall as "non-factual"

Public Act 417 of 2012

  1. Introduced by Rep. Anthony Forlini (R) on November 28, 2012, to require county election commissions to determine whether the reasons for a recall petition are stated both "factually and clearly." Under current law, they must simply determine whether the recall language is clear. Note: This may violate Article 8, Section 8 of Michigan's constitution, which asserts that recallers don't have to justify their reasons, but only make them clear.
    • Referred to the House Redistricting and Elections Committee on November 28, 2012.
      • Reported in the House on December 4, 2012, without amendment and with the recommendation that the bill pass.
    • Amendment offered by Rep. Barb Byrum (D) on December 4, 2012, to move back the effective date of the bill until 2015. The amendment failed by voice vote in the House on December 4, 2012.
    • Amendment offered by Rep. Al Pscholka (R) on December 5, 2012, to require county election commissions to determine whether the reasons for a recall petition are stated both "factually and clearly." Under current law, they must simply determine whether the recall language is clear. Note: This may violate Article 8, Section 8 of Michigan's constitution, which asserts that recallers don't have to justify their reasons, but only make them clear. The bill also reduces the "window" during which sufficient signatures must be collected from 90 days to 60 days, and bans recalls during the first and last six months of an officeholder with a two-year term, and during the first and last 12 months of one with a four year term.. The amendment passed by voice vote in the House on December 5, 2012.
  2. Passed 65 to 43 in the House on December 5, 2012, to reduce the time citizens have to collect signatures on a politician recall petition from 90 days to 60 days. Also, to require county election commissions to determine whether the reasons for a recall petition are stated both "factually and clearly." Under current law, they must simply determine whether the recall language is clear. Note: This may violate Article 8, Section 8 of Michigan's constitution, which asserts that recallers don't have to justify their reasons, but only make them clear.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on December 6, 2012.
    • Referred to the Senate on December 6, 2012.
    • Substitute offered in the Senate on December 13, 2012. The substitute passed by voice vote in the Senate on December 13, 2012.
    • Amendment offered by Sen. Steve Bieda (D) on December 13, 2012, to allow no-reason absentee voting. The amendment failed 15 to 23 in the Senate on December 13, 2012.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Gretchen Whitmer (D) on December 13, 2012, to move back the effective date of the bill until 2015. The amendment failed 17 to 21 in the Senate on December 13, 2012.
      Who Voted "Yes" and Who Voted "No"

  4. Passed 22 to 16 in the Senate on December 13, 2012, to reduce the time citizens have to collect signatures on a politician recall petition from 90 days to 60 days. Also, to require county election commissions to determine whether the reasons for a recall petition are stated both "factually and clearly." Under current law, they must simply determine whether the recall language is clear. Note: This may violate Article 8, Section 8 of Michigan's constitution, which asserts that recallers don't have to justify their reasons, but only make them clear.
    Who Voted "Yes" and Who Voted "No"

  5. Motion in the Senate on December 13, 2012, the bill be given immediate effect. The motion passed 26 to 12 in the Senate on December 13, 2012.
    Who Voted "Yes" and Who Voted "No"

  6. Received in the House on December 13, 2012.
  7. Passed 65 to 40 in the House on December 14, 2012, to concur with the Senate-passed version of the bill.
    Who Voted "Yes" and Who Voted "No"

  8. Signed by Gov. Rick Snyder on December 20, 2012.

Comments