Substitute For

SENATE BILL NO. 591

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 4501 and 4545 (MCL 600.4501 and 600.4545).

the people of the state of michigan enact:

Sec. 4501. (1) The attorney general shall bring an action for quo warranto when if the facts clearly warrant the bringing of that the action. If Subject to subsection (2), if the attorney general receives information from a private party person and refuses to act, that the private party person may bring the action upon on leave of court.

(2) A private person shall not bring an action for quo warranto that relates to the offices of electors of President and Vice President of the United States.

Sec. 4545. (1) An action may be brought in the circuit court of any a county of this state whenever if it appears that material fraud or error has been committed at any in an election in such county at which there has been submitted any to decide a constitutional amendment, question, or proposition to the electors of the this state or any a county, township, or municipality thereof.of this state. This section does not apply to, and does not authorize, an action relating to an election for public office.

(2) Such An action shall under subsection (1) must be brought within not later than 30 days after such the election by the attorney general or the prosecuting attorney of the proper county on his the attorney general's or prosecuting attorney's own relation, or on the relation of any citizen of said the county without leave of the court, or by any citizen of the county by special leave of the court or a judge thereof. Such of the court. The action shall must be brought against the municipality wherein such in which the fraud or error is alleged to have been committed.

(3) After such an action under subsection (1) is brought, the procedure shall must conform as near as may be to that provided by law for actions for quo warranto.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 590 of the 102nd Legislature is enacted into law.