Mich. Comp. Laws » Michigan Compiled Laws / Chapter 168 / Act 116 of 1954
Michigan Compiled Laws

Mich. Comp. Laws § 168.938 (2026)

Candidate convicted of felony; election void quo warranto.

✓ current as of July 2026
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MICHIGAN ELECTION LAW


Act 116 of 1954


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

PopularName Notes:

Election Code
Notes of Decisions
Cited in 4 cases, 1991–1999 · leading case: United States v. Gilliam, 778 F. Supp. 935 (E.D. Mich. 1991).
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United States v. Gilliam, 778 F. Supp. 935 (E.D. Mich. 1991). · cites it 4× “Mich.Comp.Laws Ann. § 168.938. However, this provision does not bar a convicted felon who has served her or his time from holding public office in the state of Michigan.”
United States v. Ronald Driscoll, 970 F.2d 1472 (6th Cir. 1992). “Mich.Comp.Laws Ann. § 168.938. See also Matter of Callanan, 419 Mich.”
United States v. Hammonds, 786 F. Supp. 650 (E.D. Mich. 1992). · cites it 3× “§ 168.938 provides: In 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,…”
United States v. Brown, 69 F. Supp. 2d 925 (E.D. Mich. 1999). · cites it 2× “Similarly, Mich. Comp. Laws § 168.938 calls for the removal of a candidate or public office holder only if he is convicted of a felony during his candidacy or term of office.”
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