600.4545 Election fraud or error; circuit court; time for filing action; plaintiffs; defendant; procedure.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 general's or prosecuting attorney's 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.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2023, Act 256 , Eff. Feb. 13, 2024