In this third installment of MLC’s campaign and election law Q&A series, we have very timely questions submitted by our MLC Insider Intelligence readers:

Q:  I heard that there are recall efforts taking place against the Governor and several state Senators.  What is the recall process?

A:  At the time of answering this question, recall petitions have been approved against 3 state Senators and the Governor.  The reasoning behind the recall efforts against the Senators is because of their votes on increasing vehicle registration fees and the gas tax.  There are two recall efforts against the Governor.  One is based on his creation of the State School Reform/Redesign Office and the other is due to the situation in Flint. 

The recall process is challenging by design to deter frivolous recall efforts. Below is a summarized version of the process:

• A registered voter, who lives in the district of the targeted elected official, submits a recall petition to the Board of Canvassers.
• The recall petition has to state the reasons for the recall “factually and clearly”.  If anything isn’t factual or clear, then the entire petition has to be rejected.  As you can imagine, “clear” is very subjective.
• The Board of Canvassers must provide notice to the targeted elected official within 24 hours.
• The Board of Canvassers holds a hearing on the recall petition between the 10^th and 20^th day after the recall petition is filed.  If the Board doesn’t meet in that timeframe, then the petition is deemed to be approved.
• At the hearing, both sides can present their arguments.   At least 3 of the 4 members of the Board of Canvassers needs to vote affirmatively in order for the petition to be approved. 
• If the Board approves a recall petition, then an appeal can be filed with the Court of Appeals.If the Court accepts the appeal, the recall petition can’t be circulated for signatures until the Court makes a decision or until 40 days following the date of the appeal – which ever takes place sooner.
• If a recall petition is approved, then it’s valid for 180 days and efforts to collect signatures to get the question of the recall on the ballot start.  The number of signatures needed is 25% of the number of people who voted in the last preceding election for Governor in the electoral district that the targeted office holder represents.  Therefore, to recall the Governor, 789,133 signatures are needed.  To recall a state Senator, the number of signatures needed equate to 25% of the number of votes for Governor that were cast in that Senator’s district. 
• Recall workers have 60 days to collect the needed signatures. The signatures need to be collected and turned in within the 180 days that the petition is valid.

Q:  I get confused regarding corporate contributions and what is allowable.  Can I make a corporate contribution to a candidate committee?

A:  No, you cannot make a corporate contribution to a candidate committee.  However, many legislators have established other types of accounts that can accept corporate contributions.  The most popular types of corporate accounts include 501(c)(4)’s to promote civic action and social welfare and  527’s  for issue advocacy and educational purposes.  If you’re unsure about whether a legislator has a corporate account or not, please don’t hesitate to call MLC and we can assist you with that specific question.

Do you have a question that you would like MLC to answer on this blog?  If so, please e-mail it to info (AT) mlcmi (DOT) com we’ll try to include it in our last edition of this Q&A series.

Michigan Legislative Consultants is a bipartisan lobbying firm based in Lansing, Michigan. Our team of lobbyists and procurement specialists provide a wide range of services for some of the most respected companies in America. For more on MLC, visit www.mlcmi.com or connect with us on LinkedIn and Twitter.