REIMBURSEMENT TO LOCAL GOVERNMENTS

FOR SPECIAL ELECTIONS

House Bill 5852

Sponsor:  Rep. Chris Ward

Committee:  House Oversight, Elections, and Ethics

Complete to 3-14-06

A SUMMARY OF HOUSE BILL 5852 AS INTRODUCED 3-14-06

House Bill 5852 would amend the Michigan Election Law to require the use of state funds for special elections to fill a vacancy in the State Senate or House of Representatives.

The bill specifies that if the Governor calls a special election to fill a vacancy in the office of State Senator or Representative, and the special election is held on one of the four regular election dates provided under the Election Law (the fourth Tuesday in February and the first Tuesday after the first Monday in May, August, and November), then the state would be required to reimburse each county, city, and township in that state senatorial or representative district for the cost of conducting the special election.  The reimbursement could not exceed the verified account of actual costs of the election.

The bill also specifies that payment would be made upon presentation and approval of a verified account of actual costs to the Department of Treasury's Local Audit Division, after the department and the Secretary of State had agreed as to what constituted valid costs.  Reimbursable costs would not include salaries of permanent local officials, the cost of reusable supplies and equipment, or costs attributable to local special elections held in conjunction with the special election to fill the statehouse vacancy.  Under the bill, the legislature would appropriate from the general fund, the amount necessary to implement this section of the law.

To qualify for reimbursement, a county, city, or township would be required to submit its verified account of actual costs within 90 days after the special election, and the Department of Treasury would be required to pay or disapprove all or a portion of the account within 90 days of receiving it.  If the department disapproved all or a portion of the account, it would be required to send a notice of disapproval along with the reasons for the disapproval.  Upon request of a county, city, or township whose verified account had been disapproved, the department would be required to review the disapproved costs.

MCL 168.634a

FISCAL IMPACT:

The cost to the state is indeterminate because it depends who qualifies and is determined to be eligible by the Department of Treasury to receive reimbursement.

                                                                                           Legislative Analyst:   J. Hunault

                                                                                                  Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.