MICHIGAN ELECTION LAW
Act 116 of 1954
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."
PopularName Notes:
Election Code
Notes of Decisions
John Gleason v. William Scott Kincaid, 917 N.W.2d 685 (Mich. Ct. App. 2018).
“5 Recall elections in Michigan are governed by Chapter 36 of the Michigan Election Law, MCL 168.951 et seq . Dimas v. Macomb County Election Comm.”
In Re Wayne Cnty. Election Comm'n, 388 N.W.2d 707 (Mich. Ct. App. 1986).
· cites it 2× “However, he changed his position in relation to the motion for injunctive relief, arguing that § 952 and other portions of the recall statute were unconstitutional, that the unconstitutional portions were not severable from the rest of the statute, and, consequently, that the…”
Bogaert v. Land, 572 F. Supp. 2d 883 (W.D. Mich. 2008).
· cites it 3× “This requirement, like the requirements in M.C.L. §§ 168.952(7) and 168.961(2)(d), is based on when the recall petition was filed.”
Risk v. Lincoln Charter Twp. Bd. of Trs., 760 N.W.2d 510 (Mich. Ct. App. 2008).
““Recalls of elected officials in Michigan are governed by MCL 168.951 et seq.” Dimas v Macomb Co Election Comm, 248 Mich App 624, 627 ; 639 NW2d 850 (2001).”
Recall Blanchard Comm. v. Sec'y of State, 380 N.W.2d 71 (Mich. Ct. App. 1985).
“1951); (3) the requirement that proposed petitions be submitted to the Board of County Election Commissioners for determination of whether the reasons for recall are stated with sufficient clarity in the proposed petition (MCL 168.952[2]; MSA 6.1952[2]); (4) the requirement that…”
Jaffe v. Oakland Cnty. Clerk, 274 N.W.2d 38 (Mich. Ct. App. 1978).
“See MCL 168.951 et seq.; MSA 6.1951 et seq. 2 "In trying to ascertain the legislative intent I observe that when the legislature was considering this matter under House Bill 5039 that the word 'checked’ was then changed to the word 'compare’ so I want Mr.”
Dimas v. MacOmb Cnty. Election Comm'n, 639 N.W.2d 850 (Mich. Ct. App. 2002).
· cites it 2× “3 Recalls of elected officials in Michigan are governed by MCL 168.951 et seq. Subsection 952(1) sets forth the requirements for a recall petition.”
Ronald Weiser v. Jocelyn Benson, 48 F.4th 617 (6th Cir. 2022).
“Mich. Comp. Laws § 168.951 (1). Beyond that, the governor’s political adversaries have only minimal incentive to support a recall.”
Mayor of Flint v. Genesee Cnty. Clerk, 671 N.W.2d 116 (Mich. Ct. App. 2003).
“961a provides: (1) Not later than the business day following the filing of a recall petition, the official with whom the recall was filed *219 shall notify in writing the officer whose recall is sought that the recall petition has been filed.”
John Gleason v. William Scott Kincaid (Mich. Ct. App. 2018).
“Failure to make the selection disqualifies a candidate with respect to each office for which petitions or fees were so filed and the name of the candidate shall not be printed 5 Recall elections in Michigan are governed by chapter 36 of the Michigan Election Law, MCL 168.”
Peter J Zirnhelt v. Twp. of Long Lake (Mich. Ct. App. 2019).
“MCL 168.951. Thus, there appear to be various authorizations for the inhabitants of a township to place particular kinds of proposals on ballots.”
— Mich. Comp. Laws § 168.951(1) — 2 cases
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