§ 168.952Recall petition under MCL 168.960; requirements; submission to board of

en · 4,499 chars · active
county election commissioners; determination that reason for recall is factual and of
 sufficient clarity; notice; meeting; presentation of arguments; appeal; validity of petition.
 Sec. 952.
    (1) A petition for the recall of an officer listed in section 960 must meet all of the following
 requirements:
    (a) Comply with section 544c(1) and (2).
    (b) Be printed.
    (c) State factually and clearly each reason for the recall. Each reason for the recall must be
 based upon the officer's conduct during his or her current term of office. The reason for the
 recall may be typewritten.



                                                                        Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026                Page 460 of 478                                Courtesy of legislature.mi.gov

    (d) Contain a certificate of the circulator. The certificate of the circulator may be printed on
 the reverse side of the petition.
    (e) Be in a form prescribed by the secretary of state.
    (2) Before being circulated, a petition for the recall of an officer under subsection (1) must
 be submitted to the board of county election commissioners of the county in which the officer
 whose recall is sought resides.
    (3) The board of county election commissioners, not less than 10 days or more than 20 days
 after submission to it of a petition for the recall of an officer under subsection (1), shall meet
 and shall determine whether each reason for the recall stated in the petition is factual and of
 sufficient clarity to enable the officer whose recall is sought and the electors to identify the
 course of conduct that is the basis for the recall. If any reason for the recall is not factual or of
 sufficient clarity, the entire recall petition must be rejected. Failure of the board of county
 election commissioners to meet as required by this subsection constitutes a determination that
 each reason for the recall stated in the petition is factual and of sufficient clarity to enable the
 officer whose recall is being sought and the electors to identify the course of conduct that is
 the basis for the recall.
    (4) The board of county election commissioners, not later than 3 business days after receipt
 of a petition for the recall of an officer as provided under subsection (2), shall notify the
 officer whose recall is sought of each reason stated in the recall petition and of the date of the
 meeting of the board of county election commissioners to consider whether each reason is
 factual and of sufficient clarity.
    (5) The officer whose recall is sought and the sponsors of the recall petition may appear at
 the meeting and present arguments on whether each reason is factual and of sufficient clarity.
    (6) The determination by the board of county election commissioners may be appealed by
 the officer whose recall is sought or by the sponsors of the recall petition drive to the circuit
 court in the county. The appeal must be filed not more than 10 days after the determination of
 the board of county election commissioners. If a determination of the board of county election
 commissioners is appealed to the circuit court in the county, the recall petition is not valid for
 circulation and must not be circulated until a determination of whether each reason is factual
 and of sufficient clarity is made by the circuit court or until 40 days after the date of the
 appeal, whichever is sooner.
    (7) A petition is not valid for circulation if at any time a circuit court determines that each
 reason on the recall petition is not factual and of sufficient clarity.
    (8) A recall petition is valid for 180 days after either of the following, whichever occurs
 later:
    (a) The date of determination of whether each reason is factual and of sufficient clarity by
 the board of county election commissioners.
    (b) The sooner of the following:
    (i) The date of determination of whether each reason is factual and of sufficient clarity by
 the circuit court.
    (ii) Subject to subsection (7), 40 days after the date of the appeal under subsection (6).
    (9) A recall petition that is filed after the 180-day period described in subsection (8) is not
 valid and must not be accepted by the filing official under section 961. This subsection does
 not prohibit a person from resubmitting a recall petition for a determination of sufficient
 clarity and factualness under this section.

Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.