reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.882.amended - Notice of Recount Petition; Filing Counter Petition; Refund of Deposit Money; Filing Objections to Recount Petition; Notice; Meeting; Ruling.

***** 168.882.amended THIS AMENDED SECTION IS EFFECTIVE FEBRUARY 13, 2024 *****
168.882.amended Notice of recount petition; filing counter petition; refund of deposit money; filing objections to recount petition; notice; meeting; ruling.
Sec. 882.
(1) If a candidate has filed a recount petition and paid the deposit under sections 879 and 881, the secretary of state shall give notice of the recount petition to each opposing candidate within 48 hours after the filing of the petition by delivering to each candidate a copy of the recount petition, or, if the candidate cannot be found, by leaving a copy at the candidate's last known place of residence with a member of the candidate's immediate family of suitable age. If a member of the candidate's family cannot be found, the secretary of state may give notice by posting the recount petition in a conspicuous place at the candidate's last known place of residence.
(2) A candidate may file a counter petition in the same manner as the original petition under section 881 not later than 48 hours after the original recount petition is filed with the secretary of state. At the time of filing the counter petition, the counter petitioner shall deposit the sum of money as required in section 881 for the original petitioner. The secretary of state shall refund to the counter petitioner the money deposited by the counter petitioner if the original petitioner does not establish fraud or receive a certificate of election.
(3) Not later than 48 hours after an original recount petition is filed under section 881, an opposing candidate may file objections to the recount petition with the board of state canvassers. The opposing candidate shall set forth the objections to the recount petition in writing. Upon receipt of an objection under this subsection, the board of state canvassers shall notify the petitioner and the objecting candidate of the date of the meeting of the board of state canvassers to consider the objections. The board of state canvassers shall allow the recount petitioner and the objecting candidate to present oral or written, or both, arguments on the objections raised to the recount petition at the meeting. The board of state canvassers shall rule on the objections no later than 4 calendar days after the deadline for filing objections.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1955, Act 271, Imd. Eff. June 30, 1955 ;-- Am. 1969, Act 188, Imd. Eff. Aug. 5, 1969 ;-- Am. 1980, Act 61, Imd. Eff. Apr. 1, 1980 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 2023, Act 269, Eff. Feb. 13, 2024
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.883 - Recount Petition; Notice to County Clerk; Preservation of Ballots; Investigation and Recount by State Canvassers.

168.883 Recount petition; notice to county clerk; preservation of ballots; investigation and recount by state canvassers.
Sec. 883.
The secretary of state, upon receipt of any such petition for recount, shall immediately notify the county clerk of each county in which are located any precincts included in such petition for recount that a petition for such recount by the board of state canvassers has been filed and the ballots for such precincts shall be carefully preserved. Ballots and boxes shall remain in the possession of city or township clerks until requisitioned by the canvass board. The board of state canvassers, at as early a date as possible after the receipt of such petition and the deposit required, shall investigate the facts set forth in said petition and cause a recount of the votes cast in the several precincts included in the petition.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.884 - Boards of County Canvassers; Clerks and Assistants for Conduct of Recount.

168.884 Boards of county canvassers; clerks and assistants for conduct of recount.
Sec. 884.
The boards of county canvassers shall employ such assistants and clerks as shall be deemed necessary for the conduct of any such recount.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.885 - Boards of State and County Canvassers; Right to Subpoena Witnesses; Noncompliance, Penalty.

168.885 Boards of state and county canvassers; right to subpoena witnesses; noncompliance, penalty.
Sec. 885.
The board of state canvassers or any member or representative thereof and the county boards of canvassers shall each have the right to subpoena any inspector of election, county officer or other person to appear before it or him for any purpose as may be desired in connection with the matter of such recount. Whoever being so subpoenaed shall fail to obey same shall be deemed guilty of a misdemeanor.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.886 - Witnesses; Compensation and Mileage.

168.886 Witnesses; compensation and mileage.
Sec. 886.
The persons who are subpoenaed to appear as herein required shall receive the same compensation and mileage therefor as is prescribed by law for witnesses in the circuit courts of this state.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.887 - Recount of Votes; Misconduct of Employees, Felony.

168.887 Recount of votes; misconduct of employees, felony.
Sec. 887.
Any officer, assistant, clerk or employee engaged in the conduct of a recount who shall wilfully commit any act which shall interfere with a fair and impartial recount of the votes cast for a contested office, amendment or proposition shall be deemed guilty of a felony and subject to penalties thereof.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.888 - Board of State Canvassers; Return of Ballot Boxes, Poll Books, Tally Sheets, and Statements of Votes; Concurrent Recount.

168.888 Board of state canvassers; return of ballot boxes, poll books, tally sheets, and statements of votes; concurrent recount.
Sec. 888.
The board of state canvassers shall have the right and authority to demand and cause the ballot boxes, poll books, tally sheets, the statement of votes returned in connection with any such election, and such other documents and reports as may be deemed necessary, to be brought before the several boards of county canvassers, and shall order that a concurrent recount of the votes upon any office or proposition petitioned for under the provisions of sections 861 et seq. hereof, where such votes appear upon the same ballots as those which are to be recounted by the board of state canvassers, be conducted, which concurrent recount shall be under the exclusive jurisdiction and control of the said board of state canvassers. All ballots, poll lists, tally sheets, returns and reports shall be safely guarded and when no longer required shall be delivered to the officials charged with the custody thereof.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.889 - Board of State Canvassers; Time and Place, Rules and Regulations for Recounts in Counties.

168.889 Board of state canvassers; time and place, rules and regulations for recounts in counties.
Sec. 889.
All recounts provided for in sections 878 et seq. of this act shall be conducted in the several counties wherein the votes to be counted were cast by the respective boards of county canvassers in each of the several counties, subject to the direction, supervision and control of the said board of state canvassers. The said board of state canvassers shall prescribe the time and the place in each county where the recount of any votes shall be conducted, which recount shall be in public. Said board shall provide each board of county canvassers with such rules and regulations as in the opinion of the said board of state canvassers shall be necessary to conduct such recount in a fair, impartial and uniform manner in the said several counties. Observance of such rules and regulations shall be enforced by said board or its representatives hereinafter provided for.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
Admin Rule:
R 168.901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.890 - Board of State Canvassers; Authority of Members as to Supervision of Recounts in Counties.

168.890 Board of state canvassers; authority of members as to supervision of recounts in counties.
Sec. 890.
It is not necessary for all of the members of the board of state canvassers to be present in order to direct, supervise, or control the recount in a county. A member of the board of state canvassers or state officer, state employee or member of the board of county canvassers may direct, supervise, and control the recount if designated by the board of state canvassers, so that fairness, impartiality, and uniformity in the conduct of the recount may be obtained and the result of the election determined at the earliest possible moment. A member of the board of state canvassers or other representative designated by the board of state canvassers under this subsection has the same authority as the board of state canvassers to enforce and carry out the rules and regulations provided for the recount by the board.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996
Popular Name:
Election Code
Admin Rule:
R 168.901 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.891 - Recounts; Manner of Conduct Under Board of State Canvassers.

168.891 Recounts; manner of conduct under board of state canvassers.
Sec. 891.
Any recount conducted under the direction, supervision and control of the state board of canvassers, unless otherwise herein provided, shall be conducted in the same manner as is provided in sections 861 et seq. for the conduct of recounts by county boards of canvassers, so far as the provisions thereof are applicable.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.892 - Board of State Canvassers; Recounts in Counties, Certification of Results.

168.892 Board of state canvassers; recounts in counties, certification of results.
Sec. 892.
Whenever a recount in any county shall be completed, it shall be the duty of the county boards of canvassers to return forthwith the results of such recount to the board of state canvassers, which board shall compile said returns and certify the result. The returns made by the said boards of county canvassers of any recount shall be deemed to be correct, anything in the previous return of any board of election inspectors or any county canvassing board to the contrary notwithstanding. The final report on the results of any recount shall be open to public inspection immediately following its certification by the board of canvassers.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.893 - Discontinuance of Recount; Original Return Deemed Correct.

168.893 Discontinuance of recount; original return deemed correct.
Sec. 893.
If the person petitioning for such recount shall withdraw his petition or discontinue the recount before the completion thereof, then in such event the original return shall be deemed to be correct regardless of any change shown by the recount at the time of the withdrawal of the petition or the discontinuance of such recount.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIII - Chapter XXXIII Recounts (168.861...168.894) › 116-1954-XXXIII-STATE-CANVASSERS - State Canvassers (168.878...168.894) › Section 168.894 - Recounts in Counties; Expenses, Payment.

168.894 Recounts in counties; expenses, payment.
Sec. 894.
All expenses incurred in the conduct of the recount of such votes in any county shall be paid by the county. All expenses in connection with the direction, supervision and control of such recount by the board of state canvassers shall be paid from the general fund of the state on vouchers to be approved and audited by the state board of canvassers.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXIV - Chapter XXXIV Campaign Expenses (168.901...168.929) › Section 168.901-168.929 - Repealed. 1974, Act 272, Eff. Apr. 1, 1975;—1975, Act 121, Eff. Sept. 1, 1975;—1975, Act 227, Eff. Mar. 31, 1976;—1976, Act 388, Eff. June 1, 1977.

168.901-168.929 Repealed. 1974, Act 272, Eff. Apr. 1, 1975;—1975, Act 121, Eff. Sept. 1, 1975;—1975, Act 227, Eff. Mar. 31, 1976;—1976, Act 388, Eff. June 1, 1977.
Compiler's Notes:
Section 191 of Act No. 227 of the Public Acts of 1975 repealed MCL 4.401 to 4.410, 168.901 to 168.929, 15.321 to 15.330, 15.301 to 15.310, and 15.341 to 15.348. The Michigan Supreme Court, however, in Advisory Opinion on Constitutionality of 1975 PA 227, 396 Mich. 123, 240 N.W. 2d 193 (1976), held Act No. 227 of the Public Acts of 1975 unconstitutional for being in violation of Mich. Const., Art. 4, § 24.Former MCL 168.928a repealed enacting sections 2 and 3 of Act 272 of 1974 and enacting sections 2 and 3 of Act 18 of 1975.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.931a - Appearance of Name of Elected or Appointed Official on Ballot-Related Material; Prohibition; Violation as Misdemeanor; Penalty.

168.931a Appearance of name of elected or appointed official on ballot-related material; prohibition; violation as misdemeanor; penalty.
Sec. 931a.
(1) Notwithstanding any provision of law to the contrary, and except as otherwise provided in subsection (2), the name of an elected or appointed official of this state or a political subdivision of this state shall not appear on any ballot-related material that is provided to an elector. As used in this section, "ballot-related material" includes any of the following:
(a) Any material provided to an elector with an absent voter ballot.
(b) Absent voter ballot instructions.
(c) An envelope used to mail to an elector an absent voter ballot or any other ballot material.
(d) An absent voter ballot return envelope.
(2) Any ballot-related material printed or prepared before the effective date of the amendatory act that added this section that contains the name of an elected or appointed official of this state or a political subdivision of this state may be used if the elected or appointed official whose name appears on the ballot-related materials is not a candidate at the election in which those ballot-related materials are being used.
(3) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than $100.00 for a first offense and is guilty of a misdemeanor punishable by a fine of not more than $250.00 for a second or subsequent offense.
History:
Add. 2012, Act 280, Eff. Mar. 28, 2013
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.932a - Violations as Felony; Penalty.

168.932a Violations as felony; penalty.
Sec. 932a.
A person who does any of the following is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both:
(a) A person shall not, at an election, falsely impersonate another person, or vote or attempt to vote under the name of another person, or induce or attempt to induce a person to impersonate another person or to vote or attempt to vote under the name of another person.
(b) A person shall not assume a false or fictitious name to vote or to offer to vote by that name, enter or cause to be entered upon the registration book in a voting precinct a false or fictitious name, or induce or attempt to induce another person to assume a false or fictitious name in order to vote, by that name, vote, or offer to or enter or cause to be entered upon the registration book of a voting precinct, a false or fictitious name.
(c) A person who is not a qualified and registered elector shall not willfully offer to vote or attempt to vote at an election held in this state. A person shall not aid or counsel a person who is not a qualified and registered elector to vote or offer to vote at the place where the vote is given during an election.
(d) A qualified and registered elector shall not offer to vote or attempt to vote in a voting precinct in which the elector does not reside, except as otherwise provided in this act. A person shall not procure, aid, or counsel another person to go or come into a township, ward, or voting precinct for the purpose of voting at an election, knowing that the person is not qualified or registered to vote in that township, ward, or voting precinct.
(e) A person shall not offer to vote or attempt to vote more than once at the same election either in the same or in another voting precinct. A person shall not give 2 or more votes folded together.
History:
Add. 1996, Act 583, Eff. Mar. 31, 1997
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.932c - Registering Individuals; Compensation Prohibited; Violation as Felony; Penalty.

168.932c Registering individuals; compensation prohibited; violation as felony; penalty.
Sec. 932c.
(1) A person shall not provide compensation to another person for registering individuals to vote that is based upon any of the following:
(a) The total number of individuals a person registers to vote.
(b) The total number of individuals a person registers to vote in a particular political party.
(2) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.
History:
Add. 2012, Act 276, Eff. Aug. 16, 2012
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.932e - Misrepresentation as Election Official; Violation as Felony.

168.932e Misrepresentation as election official; violation as felony.
Sec. 932e.
(1) A person shall not intentionally misrepresent by word or act in a polling place on election day that he or she is an election official if that person is not an election official.
(2) A person who violates this section is guilty of a felony.
History:
Add. 2012, Act 276, Eff. Aug. 16, 2012
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.933 - Perjury; Definition.

168.933 Perjury; definition.
Sec. 933.
A person who makes a false affidavit or swears falsely while under oath under section 848 or for the purpose of securing registration, for the purpose of voting at an election, or for the purpose of qualifying as a candidate for elective office under section 558 is guilty of perjury.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1997, Act 137, Imd. Eff. Nov. 17, 1997 ;-- Am. 1999, Act 217, Eff. Mar. 10, 2000 ;-- Am. 2003, Act 119, Imd. Eff. July 29, 2003
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.933a - Forgery; Definition.

168.933a Forgery; definition.
Sec. 933a.
Except as otherwise provided in this act, a person who does either of the following for any purpose under this act is guilty of forgery:
(a) Knowingly makes, files, or otherwise publishes a false document with the intent to defraud.
(b) Knowingly makes, files, or otherwise publishes a document that contains false signatures with the intent to defraud.
History:
Add. 2018, Act 620, Imd. Eff. Dec. 28, 2018
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.934 - Misdemeanor; Penalty.

168.934 Misdemeanor; penalty.
Sec. 934.
Any person who shall be found guilty of a misdemeanor under the provisions of this act shall, unless herein otherwise provided, be punished by a fine of not exceeding $500.00, or by imprisonment in the county jail for a term not exceeding 90 days, or both such fine and imprisonment in the discretion of the court.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.935 - Felony; Penalty.

168.935 Felony; penalty.
Sec. 935.
Any person found guilty of a felony under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.936 - Perjury; Penalty.

168.936 Perjury; penalty.
Sec. 936.
Any person found guilty of perjury under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.937 - Forgery; Penalty.

168.937 Forgery; penalty.
Sec. 937.
Any person found guilty of forgery under the provisions of this act shall, unless herein otherwise provided, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison for a term not exceeding 5 years, or by both such fine and imprisonment in the discretion of the court.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.938 - Candidate Convicted of Felony; Election Void Quo Warranto.

168.938 Candidate convicted of felony; election void quo warranto.
Sec. 938.
If any candidate for any public office at any election in this state shall be convicted of a felony, as defined in this act, the election of such candidate, if he has been elected, shall be void; and if he shall enter into the office for which he was elected, an information in the nature of a quo warranto to oust him from such office may be filed in the supreme court or the proper circuit court.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.939 - Election Inspector; Duty to Furnish Information to Prosecuting Attorney.

168.939 Election inspector; duty to furnish information to prosecuting attorney.
Sec. 939.
It shall be the duty of every inspector of election, knowing, or having reason to believe, that an offense punishable under the provisions of this act has been committed, to give information thereof to the prosecuting attorney without delay, and such prosecuting attorney shall adopt effective measures for the prosecution of all persons believed to be guilty of such offense.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.940 - Prosecuting Attorney; Duty to Prosecute.

168.940 Prosecuting attorney; duty to prosecute.
Sec. 940.
It is hereby made the duty of every prosecuting attorney, whenever he shall receive credible information that any such offense has been committed, to cause the same to be prosecuted.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.941 - Peace Officers; Duty to Institute Proceedings.

168.941 Peace officers; duty to institute proceedings.
Sec. 941.
It is hereby made the duty of any police, sheriff or other peace officer, present and having knowledge of any violation of any of the provisions of this act, to forthwith institute criminal proceedings for the punishment of such offender.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.942 - Prosecution; Time Limitations; Immunity of Witnesses.

168.942 Prosecution; time limitations; immunity of witnesses.
Sec. 942.
An offense under this act shall not be prosecuted unless the prosecution is commenced within 3 years after the time the offense is discovered. The complaining witness or any other person who is called to testify in behalf of the people in a proceeding under this section shall not be liable to criminal prosecution under this act for an offense in respect to which he or she is examined or to which his or her testimony relates, except to prosecution for perjury committed in the testimony.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 271, Eff. Aug. 15, 2012
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.943 - Recorder's Court; Jurisdiction; Circuit Courts, Jurisdiction.

168.943 Recorder's court; jurisdiction; circuit courts, jurisdiction.
Sec. 943.
The recorder's court in the city of Detroit shall have cognizance and jurisdiction of all offenses under this act committed within the limits of said city, and the offender may in all cases be there proceeded against by information, as provided by the charter of said city or any other statute applicable thereto. In all other cases, the circuit court for the proper county shall have cognizance of such offenses committed within the county, and in cases where the punishment is by such fine or such imprisonment, 1 or both, as the justice's court may impose. The proper justice's court shall have cognizance and jurisdiction thereof.
History:
1954, Act 116, Eff. June 1, 1955
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.944 - False Designation of Incumbency; Misdemeanor.

168.944 False designation of incumbency; misdemeanor.
Sec. 944.
Any person who advertises or uses in any campaign material, including radio, television, newspapers, circulars, cards, or stationery, the words incumbent, re-elect, re-election, or otherwise indicates, represents, or gives the impression that a candidate for public office is the incumbent, when in fact the candidate is not the incumbent, is guilty of a misdemeanor punishable as provided in section 934.
History:
Add. 1959, Act 109, Eff. Mar. 19, 1960 ;-- Am. 1963, Act 155, Eff. Sept. 6, 1963 ;-- Am. 1996, Act 583, Eff. Mar. 31, 1997
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.945 - Inducing Improper Applications to Vote as Absentee Voter; Misdemeanor.

168.945 Inducing improper applications to vote as absentee voter; misdemeanor.
Sec. 945.
Any person who induces or attempts to induce another to make an application to vote as an absent voter, knowing that the person is not qualified to so vote is guilty of a misdemeanor punishable as provided in section 934.
History:
Add. 1967, Act 113, Eff. Nov. 2, 1967
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXV - Chapter XXXV Offenses and Penalties (168.931...168.947) › Section 168.947 - Repealed. 2018, Act 120, Eff. Dec. 31, 2018.

168.947 Repealed. 2018, Act 120, Eff. Dec. 31, 2018.
Compiler's Notes:
The repealed section pertained to possession of master keys for voting machines.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.951 - Officers Subject to Recall; Time for Filing Recall Petition; Performance of Duties Until Result of Recall Election Certified.

168.951 Officers subject to recall; time for filing recall petition; performance of duties until result of recall election certified.
Sec. 951.
(1) Each elective officer, except a judicial officer, is subject to recall by the voters of the electoral district in which the officer is elected as provided in this chapter. If an officer's term of office is 2 years or less, a recall petition shall not be filed against the officer until the officer has actually performed the duties of the office to which elected for a period of 6 months during the current term of that office and a recall petition shall not be filed against an officer during the last 6 months of the officer's term of office. If an officer's term of office is more than 2 years, a recall petition shall not be filed against the officer until the officer has actually performed the duties of the office to which elected for a period of 1 year during the current term of office and a recall petition shall not be filed against an officer during the last 1 year of the officer's term of office. An officer sought to be recalled shall continue to perform the duties of his or her office until the result of the recall election is certified.
(2) Notwithstanding the provisions of subsection (1), if, on the effective date of the amendatory act that added this subsection, language to recall an officer has been submitted and approved under section 952, then a recall petition may be filed if the officer has actually performed the duties of his or her office for a period of 6 months and it is not within the last 6 months of the term of office, regardless of the officer's term of office.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1978, Act 533, Imd. Eff. Dec. 21, 1978 ;-- Am. 1993, Act 45, Imd. Eff. May 27, 1993 ;-- Am. 2012, Act 417, Imd. Eff. Dec. 20, 2012
Compiler's Notes:
Enacting section 2 of Act 417 of 2012 provides:"Enacting section 2. As provided in section 5 of 1846 RS 1, MCL 8.5, this act is severable."Enacting section 3 of Act 417 of 2012 provides:"Enacting section 3. The legislature recognizes the importance of the electoral process, and it is the intent of the legislature that this amendatory act uphold each of the following: (a) Section 4 of article II of the state constitution of 1963. (b) Section 8 of article II of the state constitution of 1963. (c) Section 26 of article V of the state constitution of 1963."
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.952a - Recall Petitions; Blank Forms; Substantial Compliance.

168.952a Recall petitions; blank forms; substantial compliance.
Sec. 952a.
The county clerk shall retain blank forms of recall petitions for use by the electors in the county. A person may print his or her own recall petitions if those petitions comply substantially with the form prescribed by the secretary of state and the requirements of section 544c(2).
History:
Add. 1976, Act 66, Imd. Eff. Apr. 2, 1976 ;-- Am. 1993, Act 137, Eff. Jan. 1, 1994
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.952b - Recall Petition; Time for Submission to Board of State Canvassers or Board of County Election Commissioners.

168.952b Recall petition; time for submission to board of state canvassers or board of county election commissioners.
Sec. 952b.
A petition for the recall of an officer shall not be submitted to the board of state canvassers under section 951a or the board of county election commissioners under section 952 to determine if the petition is factual and of sufficient clarity until the officer has actually performed the duties of the office to which elected for a period of 6 months during the current term of that office. In addition, a petition for the recall of an officer shall not be submitted to the board of state canvassers under section 951a or the board of county election commissioners under section 952 to determine if the petition is factual and of sufficient clarity during the last 6 months of the officer's term of office.
History:
Add. 2012, Act 418, Imd. Eff. Dec. 20, 2012
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.953 - Repealed. 1976, Act 66, Imd. Eff. Apr. 2, 1976.

168.953 Repealed. 1976, Act 66, Imd. Eff. Apr. 2, 1976.
Compiler's Notes:
The repealed section pertained to modifying form of recall petition.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.954 - Recall Petitions; Eligibility of Signers; Prohibited Conduct; Violations; Misdemeanor; Felony; Penalties.

168.954 Recall petitions; eligibility of signers; prohibited conduct; violations; misdemeanor; felony; penalties.
Sec. 954.
(1) A recall petition must be signed by registered and qualified electors of the electoral district of the official whose recall is sought. Each signer of a recall petition shall affix his or her signature, address, and the date of signing. An individual who signs a recall petition must be a registered and qualified elector of the governmental subdivision designated in the heading of the petition.
(2) An individual shall not do any of the following:
(a) Sign a recall petition with a name other than his or her own.
(b) Make a false statement in a certificate on a recall petition.
(c) If not a circulator, sign a recall petition as a circulator.
(d) Sign a name as circulator other than his or her own.
(3) Except as otherwise provided in subsection (4), an individual who violates subsection (2) is guilty of a misdemeanor punishable by a fine of not more than $500.00 or imprisonment for not more than 93 days, or both.
(4) An individual shall not sign a recall petition with multiple names. An individual who violates this subsection is guilty of a felony.
(5) If an individual signs a recall petition in violation of this section, any signature by that individual on the petition is invalid and must not be counted.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976 ;-- Am. 2003, Act 302, Eff. Jan. 1, 2005 ;-- Am. 2018, Act 650, Imd. Eff. Dec. 28, 2018
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.955 - Recall Petition; Number of Signatures; Certification.

168.955 Recall petition; number of signatures; certification.
Sec. 955.
The petitions shall be signed by registered and qualified electors equal to not less than 25% of the number of votes cast for candidates for the office of governor at the last preceding general election in the electoral district of the officer sought to be recalled. Upon written demand, the county clerk, within 5 days, shall certify the minimum number of signatures required for the recall of an officer in the governmental unit in which recall is sought.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1967, Act 188, Eff. July 1, 1967 ;-- Am. 1978, Act 533, Imd. Eff. Dec. 21, 1978
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.956 - Repealed. 1976, Act 66, Imd. Eff. Apr. 2, 1976.

168.956 Repealed. 1976, Act 66, Imd. Eff. Apr. 2, 1976.
Compiler's Notes:
The repealed section pertained to signatures on recall petition.
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.957 - Recall Petition; Certificate of Circulator; False Statement; Misdemeanor.

168.957 Recall petition; certificate of circulator; false statement; misdemeanor.
Sec. 957.
(1) A person circulating a recall petition shall state in the certificate of circulator his or her residence address and that he or she is 18 years of age or older and a United States citizen. In addition, the certificate of circulator must indicate all of the following:
(a) That signatures appearing upon the recall petition were not obtained through fraud, deceit, or misrepresentation and that he or she has neither caused nor permitted a person to sign the recall petition more than once and has no knowledge of a person signing the recall petition more than once.
(b) That all signatures to the recall petition were affixed in his or her presence.
(c) That, to the best of his or her knowledge, information, and belief, the signers of the recall petition are qualified and registered electors and the signatures appearing on the recall petition are the genuine signatures of the persons signing the recall petition.
(2) A person who knowingly makes a false statement in the certificate of circulator is guilty of a misdemeanor.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976 ;-- Am. 2018, Act 120, Eff. Dec. 31, 2018
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.958 - Recall Petition Sheet; Signature of Qualified and Registered Electors; Location for Signing; Signature of Person Not Qualified and Registered Elector.

168.958 Recall petition sheet; signature of qualified and registered electors; location for signing; signature of person not qualified and registered elector.
Sec. 958.
A petition sheet shall contain only the signatures of qualified and registered electors of the city or township listed in its heading. For recall of a village officer the petition shall be signed by qualified and registered electors of the village. A qualified and registered elector may sign the petition sheet in any location at which the petition sheet is available. A petition is not invalid if it contains the signature of a person who is not a qualified and registered elector of the appropriate city, township, or village listed in the heading of that petition sheet.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976 ;-- Am. 1978, Act 533, Imd. Eff. Dec. 21, 1978
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.958a - Separate Petitions Required.

168.958a Separate petitions required.
Sec. 958a.
A separate petition shall be circulated for each officer sought to be recalled.
History:
Add. 1976, Act 66, Imd. Eff. Apr. 2, 1976
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.959 - Recall of Senators, Representatives, Elective State Officers, County Officials, or Secretary of State; Filing Petitions.

168.959 Recall of senators, representatives, elective state officers, county officials, or secretary of state; filing petitions.
Sec. 959.
Petitions demanding the recall of United States senators, members of congress, state senators and representatives in the state legislature, elective state officers except the secretary of state, and county officials except county commissioners, shall be filed with the secretary of state. Petitions for the recall of the secretary of state shall be filed with the governor.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976
Popular Name:
Election Code
2023 Michigan Compiled Laws › Chapter 168 - Michigan Election Law › Act 116 of 1954 - Michigan Election Law (168.1 - 168.992) › 116-1954-XXXVI - Chapter XXXVI Recall (168.951...168.977) › Section 168.960 - Recall of Elective County Commissioner or Township, City, Village, or School Official; Recall of Elective District Library Board Member; Filing Petition; Recall of Elective Metropolitan District Officer.

168.960 Recall of elective county commissioner or township, city, village, or school official; recall of elective district library board member; filing petition; recall of elective metropolitan district officer.
Sec. 960.
(1) A petition demanding the recall of an elective county commissioner or township, city, village, or school official shall be filed with the county clerk of the county in which the largest portion of the registered voters in the electoral district reside.
(2) A petition demanding the recall of an elective district library board member shall be filed with the clerk of the largest county. For the purposes of this subsection, the term "largest" has the meaning ascribed to it in section 2 of the district library establishment act, 1989 PA 24, MCL 397.172.
(3) A petition demanding the recall of an elective metropolitan district officer shall be filed with the county clerk of the county in which the largest portion of the registered voters in the electoral district reside.
History:
1954, Act 116, Eff. June 1, 1955 ;-- Am. 1976, Act 66, Imd. Eff. Apr. 2, 1976 ;-- Am. 1989, Act 26, Imd. Eff. May 22, 1989 ;-- Am. 2012, Act 586, Imd. Eff. Jan. 7, 2013
Popular Name:
Election Code