MICHIGAN ELECTION LAW
Act 116 of 1954
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
PopularName Notes:
Election Code
Notes of Decisions
Cited in
8
cases (
2 in the last 5 years), 1983–2023 · leading case:
Bogaert v. Land, 572 F. Supp. 2d 883 (W.D. Mich. 2008).
Bogaert v. Land, 572 F. Supp. 2d 883 (W.D. Mich. 2008).
· cites it 50× “In contrast, the Ebbers plaintiffs had not yet submitted any signatures to the Secretary of State and were still in the process of gathering signatures, consequently, the Ebbers plaintiffs sought “preliminary and permanent injunctive relief and a judgment declaring portions of…”
People v. Pinkney, 912 N.W.2d 535 (Mich. 2018).
· cites it 3× “937 and six counts of making a false statement in a certificate-of-recall petition under MCL 168.957. After being bound over to the Berrien Circuit Court on these charges, defendant filed a motion to quash arguing, inter alia , that § 937 is a penalty provision, not a…”
People v. Pinkney, 891 N.W.2d 891 (Mich. Ct. App. 2016).
· cites it 2× “937, but acquitted of six counts of making a false statement in a certificate-of-recall petition, MCL 168.957. He was sentenced as a fourth-offense habitual offender, MCL 769.”
Bogaert v. Land, 675 F. Supp. 2d 742 (W.D. Mich. 2009).
· cites it 12× “Defendant Terri Lynn Land, in her capacity as Michigan Secretary of State, after striking signatures from Plaintiffs petitions that were gathered in violation of Michigan’s district residency requirement, Mich. Comp. Laws § 168.957 , determined that Plaintiffs recall effort did…”
Schmidt v. Genesee Cnty. Clerk, 339 N.W.2d 526 (Mich. Ct. App. 1983).
· cites it 2× “1954 and MCL 168.957; MSA 6.1957. He also ruled that the reasons for the recall stated on the petitions were unclear.”
Recall Blanchard Comm. v. Sec'y of State, 380 N.W.2d 71 (Mich. Ct. App. 1985).
“1961); (7) the requirement that a person circulating a petition be registered voter (MCL 168.957; MSA 6.1957); and (8) the imposition of a penalty, payment of the elction expenses of the preceding special election, upon refiling a recall petition against the same officer in the…”
Edward Pinkney v. State of Michigan (Mich. Ct. App. 2022).
“After being bound over to the Berrien Circuit Court on these charges, defendant filed a motion to quash arguing, inter alia, that § 937 is a penalty provision, not a substantive, chargeable offense. The circuit court denied the motion to quash, and the case proceeded to trial.”
Richard McCoy v. Berrien Cnty. Clerk (Mich. Ct. App. 2023).
“” MCL 168.957(1)(a). -8- The recall petitions at issue in this appeal contained a warning in large, boldface type that stated: “A PERSON WHO KNOWINGLY SIGNS A RECALL PETITION MORE THAN ONCE OR SIGNS A NAME OTHER THAN HIS OR HER OWN IS VIOLATING THE PROVISIONS OF THE MICHIGAN…”
— Mich. Comp. Laws § 168.957(1)(a) — 1 case
Richard McCoy v. Berrien Cnty. Clerk (Mich. Ct. App. 2023).
“” MCL 168.957(1)(a). -8- The recall petitions at issue in this appeal contained a warning in large, boldface type that stated: “A PERSON WHO KNOWINGLY SIGNS A RECALL PETITION MORE THAN ONCE OR SIGNS A NAME OTHER THAN HIS OR HER OWN IS VIOLATING THE PROVISIONS OF THE MICHIGAN…”
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