Legislative Analysis
Phone: (517) 373-8080
EXTEND DEADLINE FOR RECALL PETITION REVIEW
http://www.house.mi.gov/hfa
House Bill 5550 as reported from committee Analysis available at
Sponsor: Rep. Penelope Tsernoglou http://www.legislature.mi.gov
Committee: Elections
Complete to 4-18-24
SUMMARY:
House Bill 5550 would amend the Michigan Election Law to extend the time period by which
an elections board must determine a recall petition to be factual and of sufficient clarity from
20 days to 40 days.
Under the Michigan Election Law, the Board of State Canvassers (BSC) must review petitions
for the recall of U.S. senators, members of Congress, state senators and representatives, elected
state officers, and county officials except county commissioners. County election
commissioners review recall petitions for elected county commissioners; township, city,
village, or school officials; elected district library board members; and elected metropolitan
district officers.
After receiving a petition to recall an elected official, the BSC or a board of county election
commissioners, as applicable, must vote on whether each reason for the recall stated by the
petition is factual and of sufficient clarity to enable voters and the officer subject to the
proposed recall to identify the basis for the recall. A board currently must hold a vote at least
10 days, but no more than 20 days, after receiving a recall petition.
House Bill 5550 would extend the time period according to which the BSC or a board of county
election commissioners must hold a vote on a petition from 20 to 40 days after the petition is
submitted. (The 10-day minimum would still apply.)
MCL 168.951a and 168.952
BRIEF DISCUSSION:
According to committee testimony, the changes made by House Bill 5550 would increase
convenience for BSC members and county election commissioners, which is especially
important given the recent increase in recalls. The current time frame has resulted in these
boards needing to hold additional meetings to review recall petitions, so allowing the petitions
to be reviewed at regular monthly meetings would make the schedules more predictable for
those who serve, often as unpaid volunteers, in these positions. Changing the law to
accommodate a monthly meeting schedule would also lessen the possibility that a petition that
would otherwise be rejected during a review is automatically approved for circulation when
the BSC or a board of county election commissioners is unable to hold a meeting within the
20-day window. Additionally, a consistent meeting timeline would also help the public become
more engaged in the recall process.
House Fiscal Agency Page 1 of 2
FISCAL IMPACT:
The bill would have no fiscal impact on the state or local units of government.
POSITIONS:
Representatives of the Department of State testified in support of the bill. (3-12-24)
Pure Integrity for Michigan Elections indicated opposition to the bill. (3-19-24)
Legislative Analyst: Holly Kuhn
Fiscal Analyst: Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency HB 5550 as reported Page 2 of 2
Statutes affected: House Introduced Bill: 168.951, 168.952