| 1 | | - | Act No. 256 Public Acts of 2023 Approved by the Governor November 30, 2023 Filed with the Secretary of State December 1, 2023 EFFECTIVE DATE: February 13, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senator Cavanagh ENROLLED SENATE BILL No. 591 AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, 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 if the facts clearly warrant the bringing of the action. Subject to subsection (2), if the attorney general receives information from a private person and refuses to act, the private person may bring the action 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 a county of this state if it appears that material fraud or error has been committed in an election to decide a constitutional amendment, question, or proposition to the electors of this state or a county, township, or municipality of this state. This section does not apply to, and does not authorize, an action relating to an election for public office. (2) An action under subsection (1) must be brought not later than 30 days after the election by the attorney general or the prosecuting attorney of the proper county on the attorney generals or prosecuting attorneys own relation, on the relation of any citizen of the county without leave of the court, or by any citizen of the county by special leave of the court or a judge of the court. The action must be brought against the municipality in which the fraud or error is alleged to have been committed. (3) After an action under subsection (1) is brought, the procedure 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. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
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| 1 | + | state of michigan 102nd Legislature Regular session of 2023 Introduced by Senator Cavanagh ENROLLED SENATE BILL No. 591 AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, 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 if the facts clearly warrant the bringing of the action. Subject to subsection (2), if the attorney general receives information from a private person and refuses to act, the private person may bring the action 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 a county of this state if it appears that material fraud or error has been committed in an election to decide a constitutional amendment, question, or proposition to the electors of this state or a county, township, or municipality of this state. This section does not apply to, and does not authorize, an action relating to an election for public office. (2) An action under subsection (1) must be brought not later than 30 days after the election by the attorney general or the prosecuting attorney of the proper county on the attorney generals or prosecuting attorneys own relation, on the relation of any citizen of the county without leave of the court, or by any citizen of the county by special leave of the court or a judge of the court. The action must be brought against the municipality in which the fraud or error is alleged to have been committed. (3) After an action under subsection (1) is brought, the procedure 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. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor |
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| 25 | 25 | | state of michigan |
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| 27 | 27 | | 102nd Legislature |
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| 29 | 29 | | Regular session of 2023 |
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| 31 | 31 | | Introduced by Senator Cavanagh |
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| 33 | 33 | | ENROLLED SENATE BILL No. 591 |
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| 35 | 35 | | AN ACT to amend 1961 PA 236, entitled An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts, by amending sections 4501 and 4545 (MCL 600.4501 and 600.4545). |
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| 37 | 37 | | The People of the State of Michigan enact: |
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| 39 | 39 | | Sec. 4501. (1) The attorney general shall bring an action for quo warranto if the facts clearly warrant the bringing of the action. Subject to subsection (2), if the attorney general receives information from a private person and refuses to act, the private person may bring the action on leave of court. |
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| 41 | 41 | | (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. |
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| 45 | 45 | | Sec. 4545. (1) An action may be brought in the circuit court of a county of this state if it appears that material fraud or error has been committed in an election to decide a constitutional amendment, question, or proposition to the electors of this state or a county, township, or municipality of this state. This section does not apply to, and does not authorize, an action relating to an election for public office. |
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| 47 | 47 | | (2) An action under subsection (1) must be brought not later than 30 days after the election by the attorney general or the prosecuting attorney of the proper county on the attorney generals or prosecuting attorneys own relation, on the relation of any citizen of the county without leave of the court, or by any citizen of the county by special leave of the court or a judge of the court. The action must be brought against the municipality in which the fraud or error is alleged to have been committed. |
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| 49 | 49 | | (3) After an action under subsection (1) is brought, the procedure must conform as near as may be to that provided by law for actions for quo warranto. |
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| 51 | 51 | | Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 590 of the 102nd Legislature is enacted into law. |
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| 59 | 59 | | Secretary of the Senate |
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| 65 | 65 | | Clerk of the House of Representatives |
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| 67 | 67 | | Approved___________________________________________ |
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| 69 | 69 | | ____________________________________________________ |
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| 71 | 71 | | Governor |
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