October 20, 2011, Introduced by Rep. Roy Schmidt and referred to the Committee on Redistricting and Elections.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending section 8 of article II, to
provide the reasons for the recall of an elective officer.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to provide the reasons for the recall of an
elective officer, is proposed, agreed to, and submitted to the
people of the state:
ARTICLE II
Sec. 8. Laws shall be enacted to provide for the recall of all
elective officers except judges of courts of record upon petition
of electors equal in number to 25 percent of the number of persons
voting in the last preceding election for the office of governor in
the
electoral district of the officer sought to be recalled. The
sufficiency
of any statement of reasons or grounds procedurally
required
shall be a political rather than a judicial
question.Except as otherwise provided in this section,
the
discretionary performance of a lawful act or of a prescribed duty,
including voting, by an elective officer does not constitute a
reason to recall that elective officer. The reasons for the recall
of an elective officer are limited to 1 or more of the following:
(a) The elective officer's conviction of a felony or
misdemeanor.
(b) The elective officer being found responsible in a court
for libel, slander, or misappropriation of money or assets.
(c) The elective officer misusing or misappropriating public
assets.
(d) The elective officer's vote results in the misuse or
misappropriation of public assets.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.