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Opinion No. 5271

February 28, 1978


Recall of members of a charter revision commission


Recall of members of a charter revision commission


Recall of members of a charter revision commission

Members of a charter revision commission are subject to recall.

Honorable Art Miller, Jr.

State Senator

37th District

The Capitol

Lansing, Michigan 48901

You have requested my opinion upon the following question:

'Is it legally possible to recall a Charter Commission for a city?'

The fundamental right of recall is reserved to the people by Const 1963, art 2, Sec. 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.'

The constitutional article is implemented by chapter XXXVI of the Michigan election law, 1954 PA 116; MCLA 168.951 et seq; MSA 6.1951 et seq. Section 1 of said chapter, supra, provides:

'Every elective officer in the state of Michigan, except judges of courts of record and courts of like jurisdiction, is subject to recall by the legal voters of the state or of the electoral district in which he is elected as hereinafter provided: Provided, That no petition shall be circulated against any officer until he has actually performed the duties of his office for a period of 45 days for a legislative office and 3 months for any other office: Provided further, That any officer sought to be recalled shall continue to perform duties of his office until the result of said election is declared.'

The only exception to the recall of elective officers is with respect to judges of courts of record and courts of like jurisdiction.

Members of charter revision commissions of cities are elective officers pursuant to Sec. 18 of the home rule cities act, 1909 PA 278; MCLA 117.18; MSA 5.2097. It is therefore my opinion that members of a charter revision commission of a city are subject to recall as provided in chapter XXXVI of 1954 PA 116, supra.

Frank J. Kelley

Attorney General