Michigan
Eligible for Recall: Senator Debbie Stabenow, last elected 2006; Senator Carl Levin, last elected 2008
Signature Requirement: 25% of voters in last election for the Senator
Circulation Time: 90 days
Type of Recall Election: Recall Election Then Special Election
Constitutional Provision: Article II Section 8 (added Const. 1963, Art. II, §8, Eff. Jan. 1, 1964. created: 1908, Art. III, §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."
Initial Procedure: The Clarity Hearing is the first step in the recall process. The reasons for the recall must be submitted for a clarity determination before the recall petition is placed in circulation.
The clarity determination is rendered by the County Election Commission established in the county where the officer resides. The County Clerk, county treasure and Chief Judge of Probate serve as the commission.
The Process
- A registered voter in the electoral district of the one being recalled submits the reasoning to the county clerk. Reasons for the recall must relate to the officer's conduct during his/her current term in office.
- Within 24 hours of the submission the officer must be contacted of the filing of the petition language, the date, the contents, and the time, date and location of the clarity hearing.
The clarity hearing must be held between the 10 and the 20th day after the filing.
When the required hearing is held, the function of the County Election Commission is to determine “whether each reason for the recall stated in the petition is of sufficient clarity to enable the officer whose recall is sought and the electors to identify the course of conduct that is the basis for the recall.” The County Election Commission does not have the authority to rule on the reasons for recall.
Failure to have a hearing rules in favor of the sponsors of the recall.
Ruling by the Commission may be appealed by the officer or sponsor.
Contact Info:
Michigan Department of State Bureau of Elections
PO Box 20126
Lansing, MI 48901
Phone: (517) 373-2540
News and Commentary
Coming Soon
Each state has its own requirements as to the manner in which petitions must be collected, signed and filed. It is imperative that official recall committees are legally formed in each state according to the state laws and regulations. The handling of the petitions must comply with the laws and regulations of each state.
