2012 House Bill 6060 / Public Act 417

Give county officials power to halt recall as "non-factual"

Introduced in the House

Nov. 28, 2012

Introduced by Rep. Anthony Forlini (R-24)

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 Committee on Redistricting and Elections

Dec. 4, 2012

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Amendment offered by Rep. Barb Byrum (D-67)

To move back the effective date of the bill until 2015.

The amendment failed by voice vote

Dec. 5, 2012

Amendment offered by Rep. Al Pscholka (R-79)

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

Passed in the House 65 to 43 (details)

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.

Received in the Senate

Dec. 6, 2012

Referred to the Committee of the Whole

Dec. 13, 2012

Substitute offered

The substitute passed by voice vote

Amendment offered by Sen. Steve Bieda (D-9)

To allow no-reason absentee voting.

The amendment failed 15 to 23 (details)

Amendment offered by Sen. Gretchen Whitmer (D-23)

To move back the effective date of the bill until 2015.

The amendment failed 17 to 21 (details)

Passed in the Senate 22 to 16 (details)

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.

Received in the House

Dec. 13, 2012

In the Senate

Dec. 13, 2012

Motion

The bill be given immediate effect.

The motion passed 26 to 12 (details)

In the House

Dec. 14, 2012

Passed in the House 65 to 40 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Rick Snyder

Dec. 20, 2012