2012 House Bill 6058

Revise politician recall rules

Introduced in the House

Nov. 28, 2012

Introduced by Rep. Marilyn Lane (D-31)

To establish that if a county election commission's positive ruling on a recall petition's "clarity" has been appealed in circuit court (an appeal that must be filed within 10 days), then signatures could not be collected until the court rules, or for 20 days after the appeal, whichever comes first. Note: Article 8 Section 8 of Michigan's constitution states, "The sufficiency of any statement of reasons or grounds procedurally required shall be a political rather than a judicial question." Meaning that recallers don't have to justify their reasons, but only make the recall language clear.

Referred to the Committee on Redistricting and Elections

Dec. 4, 2012

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Substitute offered

The substitute passed by voice vote

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

To move the effective date of the bill back until Jan. 1, 2015. Note: There is speculation that the House Republican leadership has placed the recall revisions in House Bills 6058 to 6063 on a "fast track" due to union recall threats related to proposed "right-to-work" legislation. This amendment would facilitate potential recall elections in 2013 and 2014.

The amendment failed by voice vote

Dec. 5, 2012

Amendment offered by Rep. Pete Lund (R-36)

To increase from 20 days to 40 days after an appeal the absolute deadline for allowing petition signatures to be gathered.

The amendment passed by voice vote

Passed in the House 65 to 43 (details)

To establish that if a county election commission's positive ruling on a recall petition's "clarity" has been appealed in circuit court (an appeal that must be filed within 10 days), then signatures could not be collected until the court rules, or for 40 days after the appeal, whichever comes first.

Received in the Senate

Dec. 6, 2012

Referred to the Committee of the Whole