(485) § 1165. SEC. 12. The judge of the circuit court When and by whom county and the circuit court commissioner shall have authority, in clerks may term or vacation, to remove the county clerk when in their be removed. opinion he is incompetent to execute properly the duties of his office, or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or wilful neglect of duty, if in their opinion such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such miscon- Charges to be preferred. duct or neglect, unless charges thereof shall have been preferred to said judge or commissioner, and notice of the hearing with a copy of the charges delivered to such clerk, and a full opportunity given him to be heard in his defense. All Expenses of expense on the part of the prosecution for examination of charges, provided for in the preceding section of this act, shall be paid by the counties in which the officer to be examined holds his office. examination. nor may de (486) § 1166. SEC. 13. The office of state treasurer, com- When govermissioner of the land office, or of any other collector or re- clare certain ceiver of public moneys, appointed by the legislature, by the offices vacant. governor alone, or by the governor, by and with the advice and consent of the senate, or of both branches of the legis lature, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the governor, in case it shall appear to him on sufficient proofs, that such treasurer, commissioner or other officer, has in any particular wilfully violated his duty. An Act to subject all persons holding office under the government of the state of Michigan to removal from office for drunkenness. [Act 79, S. L. 1871.] The People of the State of Michigan enact: moval from (487) § 1167. SECTION 1. That the drunkenness of any Drunkenness person holding office under the constitution or laws of this cause for restate shall be good cause for removal from office by the au- office. thority and in the manner provided by law. SUPPLYING VACANCIES. [Extract from R. S. 1846, Ch. 15.] may tem (488) § 1169. SEC. 15. When at any time there shall be Circuit judge in either of the offices of county clerk or prosecuting attorney, porarily fill no officer duly authorized to execute the duties thereof, the vacances. judge of the circuit court of the circuit in which the county where such vacancy exists, shall be situated, may appoint some suitable person to perform the duties of either of said officers for the time being; and when at any time there shall Other county be in either of the offices of sheriff, coroner, register of deeds, or county surveyor, no officer duly authorized to execute the duties thereof, some suitable person may be appointed by the county clerk and prosecuting attorney of the county to perform the duties of either of said offices for the time being. offices. Persons ap pointed to fill vacancy to comply with directions, etc. Sayles v. Judge, 82/89; Lamoreaux v. Att'y Gen., 89/149. Temporary (489) § 1170. SEC. 16. Each of the persons appointed in pursuance of either of the two last preceding sections, shall, before proceeding to execute the duties assigned him, comply with such conditions and directions as shall be prescribed and given relative to oaths and bonds, by the officer or officers appointing him as aforesaid. Vacancies in certain state offices, how filled. An Act prescribing the manner of filling vacancies in certain state offices. [Act 159, S. L. 1851.] The People of the State of Michigan enact: (490) § 1172. SECTION 1. That whenever, from any cause, there shall be a vacancy in the office of auditor general, attorney general, secretary of state or state treasurer, superintendent of public instruction, or commissioner of the state land office, the governor shall have power to appoint some suitable person to fill such vacancy, and the person so appointed shall take the same oath of office, and give a bond in the same manner as provided by law for the officer for whose vacancy he shall be so appointed; and such person shall hold such office (unless sooner removed by competent authority) until his successor shall be elected and qualified under the constitution of this state, or until the close of the next session of the legislature. DECLARING AND FILLING VACANCIES BY BOARDS OF SUPERVISORS. [Extract from Act 156, S. L. 1851.] supervisors, (491) § 2484. SEC. 11. The said several boards of super- Boards of visors shall have power and they are hereby authorized at any power of. meeting thereof lawfully held: give bonds. Fourteenth, To require any county officer whose salary or Certain compensation is paid by the county, to make a report under officers to oath to them on any subject or matters connected with the duties of his office, and to require such officers to give bonds or further or additional bonds, as shall be reasonable or necessary, for the faithful performance of their respective duties; and any such officer who shall neglect or refuse to make any such report, or to give such bond within a reasonable time after being so required, may be removed from office by such board by a vote of two-thirds of all the members elect, and the office declared vacant, and such board may fill such vacancy for the unexpired portion of the time for which such officer was elected or appointed: Provided, That if the spring Proviso. or fall election shall occur before the expiration of the said unexpired term, if the office be an elective one, the vacancy shall be filled at such election, and it shall be the duty of such board to give reasonable notice of such election to fill the vacancy. Am. 1905, Act 98; 1909, Act 322; 1913, Act 397. See section 444. This subdivision does not give the board the general power of removal, but only for the two causes named-failure to report and neglect to give bonds. Mead v. Ingham Co. Treasurer, 36/416. Cases of incompetency, see Trainor v. Wayne Co. Auditors, 89 / 162. RECALL OF CERTAIN OFFICERS. An Act to provide for the recall of certain elective officers and for the election to fill the vacancy created thereby. [Act 325, P. A. 1913.] The People of the State of Michigan enact: ject to recall. (492) SECTION 1. Every elective officer, in the state of Officers subMichigan, 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. (493) SEC. 2. Petitions demanding the recall of United Petitions, States senators, members of congress, elective state officers, where filed. Signatures, per cent of. Circulator, attachment of affidavit. Special election. state senators and representatives in the state legislature, shall be filed with the governor. Petitions demanding the recall of governor shall be filed with the secretary of state. Petitions demanding the recall of any elective county, township or village official shall be filed with the probate judge of said county and petitions demanding the recall of any city official shall be filed with the mayor of said city. Petitions demanding the recall of mayor shall be filed with the city clerk. The petition shall be signed by at least twenty-five per centum of the number of electors who voted for governor at the last preceding election in the electoral district of the official sought to be recalled; said petition or part thereof shall be printed or typewritten and shall state clearly the reason or reasons for said demand. The signatures thereto shall be in writing and shall state the ward, precinct and street number or township in which said petitioner lives. The circulator of said petition or his part thereof. shall attach thereto the affidavit that said signatures are the signatures of qualified electors; that they are genuine and made in good faith for the purposes set forth in said petition, but no such petition shall be circulated against any officer until he has actually performed the duties of his office for a period of forty-five days for a legislative office, and for three months for any other office. (494) SEC. 3. Whenever a petition signed by twenty-five per cent or more of the electors designated in section two of this act is filed against any officer, a special election shall within five days thereafter be called, to be held within twenty days in his said electoral district to determine whether the people will recall said officer, but said officer shall continue to perform the duties of his office until the result Recall ballot, of said special election is declared. The recall ballot used at said special election shall have printed thereon, in not more than two hundred words, the reason or reasons for demanding the recall of said officer as set forth in said petition, and in not more than two hundred words the officer's justification of his course in office. There shall be printed on the recall ballot the following questions: form of. Office, when deemed vacant, etc. "Shall (name of the person against whom the recall petition is filed) be called from the office of (title of the office)? Yes [1; "Shall (name of the person against whom the recall petition is filed) be called from the office of (title of the office)? No [ ]." (495) SEC. 4. If upon the canvass of the votes cast upon the question of the recall of said officer, a majority of the voters voting shall decide in favor of such recall, said office shall be deemed to be vacant and a special election shall be called within five days to be held within thirty days for the be candidate filling of such vacancy: Provided, That the officer so recalled Proviso, may shall continue to perform the duties of his office until his suc- for re-election cessor shall have been elected and qualified. Unless he shall voluntarily withdraw, the officer so recalled shall be considered the candidate for re-election to said office and other candidates for the office may be nominated and voted for at said special election by filing with the officer with whom the recall petition has been filed a petition within fifteen days after said special election is called, signed by not less than three per centum of the qualified electors of the electoral district and said candidates so filing said petition shall be considered nominated for said office. The candidate who has received the highest number of votes for the vacancy created by such recall shall be considered duly elected for the remainder of the term and the votes for said candidates shall be returned. such Election exfiled (496) SEC. 5. After filing such petition and after special election, no further recall petitions shall be against the same incumbent of such office during the term for which he is elected unless such further petitioners shall first pay into the public treasury, which has paid such election expenses, the whole amount of election expenses for the preceding special election held for the recall of said incumbent. (497) SEC. 6. The laws relating to nominations and elections shall govern all nominations and elections under this act insofar as not to conflict therewith. Sec. 7 repeals all contravening acts. penses, who to pay, etc. CHAPTER XI.-ELECTION OF CERTAIN OFFICERS. CIRCUIT JUDGES. An Act to provide for the election of circuit judges and regents of the university. [Act 25, S. L. 1851.] The People of the State of Michigan enact: (498) § 3735. SECTION 1. That an election shall be held Election of circuit judges. on the first Monday in April, one thousand eight hundred and fifty-one, and every sixth year thereafter, in each of the judicial circuits into which, under the revised constitution and schedule thereto, and laws, the state is divided, by the electors thereof, of one circuit judge and one regent of the university, who shall hold their offices respectively for the term of six years, and until their successors are elected and qualified. |