Bill Text: MI HB4161 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; recounts; provisions regarding election precincts that cannot be recounted; remove. Amends secs. 867, 871, 874 & 881 of 1954 PA 116 (MCL 168.867 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-08 - Bill Electronically Reproduced 02/07/2017 [HB4161 Detail]
Download: Michigan-2017-HB4161-Introduced.html
HOUSE BILL No. 4161
February 7, 2017, Introduced by Reps. Chang, Scott, Gay-Dagnogo, Byrd, Love, Robinson, Durhal, Hoadley, Green, Elder, Camilleri, Rabhi, Santana, Zemke, Hammoud, Moss, Pagan and LaGrand and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 867, 871, 874, and 881 (MCL 168.867, 168.871,
168.874, and 168.881), sections 867 and 881 as amended by 2014 PA
406, section 871 as amended by 2012 PA 272, and section 874 as
amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 867. (1) A candidate or elector filing a recount petition
pursuant
to under section 862 or 863 shall file the recount
petition with the clerk of the appropriate board of county
canvassers. Except as otherwise provided in this section, at the
time of filing the recount petition, the petitioner shall deposit
with the clerk the sum of $25.00 for each precinct referred to in
his or her recount petition.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the clerk the sum of
$125.00 for each precinct referred to in his or her petition. For
purposes of this subsection, the winning candidate in a primary for
a nonpartisan office where only 1 candidate will be elected means
the candidate nominated with the lesser number of votes.
(3) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes
separating the winning candidate who received the least number of
votes and the petitioner is more than 50 votes or 0.5% of the sum
of the number of votes received by the 2 candidates, whichever is
greater, the petitioner shall deposit with the clerk the sum of
$125.00 for each precinct referred to in his or her petition.
(4) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner
shall deposit with the clerk the sum of $125.00 for each precinct
referred to in his or her petition.
(5) If, by reason of the recount, the petitioner establishes
sufficient fraud or mistake as set forth in his or her recount
petition to change the result of the election and receives a
certificate of election or establishes sufficient fraud or mistake
to change the result upon an amendment or proposition, the votes
for
and against which that were recounted, the clerk of the board
of county canvassers shall refund the money deposited to the
petitioner.
(6) If a refund is not made as required under subsection (5),
the
sum deposited shall must be paid by the clerk of the board of
county canvassers to the treasurer of the county.
(7)
If a precinct referred to in the petition is determined
"not
recountable" as provided in section 871(3) or, subject Subject
to subsection (8), if a precinct referred to in the petition is not
recounted due to the withdrawal of the petition, the money
deposited
for the recount of that precinct shall must be refunded
to the petitioner.
(8) If the votes cast on the ballots voted in a precinct have
been
examined and recounted, the withdrawal of the petition shall
must not result in a refund of the money deposited for the recount
of that precinct.
Sec. 871. (1) The board of canvassers conducting a recount
pursuant
to under this chapter shall recount all ballots of a
precinct
using an electronic voting system. unless 1 or more of the
following
circumstances exist:
(a)
The seal on the transfer case or other ballot container is
broken
or bears a different number than that recorded on the poll
book,
the breaking or discrepancy is not explained to the
satisfaction
of the board of canvassers, and security of the
ballots
has not been otherwise preserved.
(b)
The number of ballots to be recounted and the number of
ballots
issued on election day as shown on the poll list or the
computer
printout do not match and the difference is not explained
to
the satisfaction of the board of canvassers.
(c)
The seal used to seal the ballot label assembly to a
voting
device in the precinct is broken or bears a different number
than
that recorded in poll records and the ballot labels or
rotation
of candidates' names is different than that shown by other
voting
devices in the precinct and records of the board of election
commissioners.
(2)
This section does not prohibit the recounting of absent
voter
ballots tallied in a precinct using an absent voter counting
board
or in a precinct in which 1 or more voting machines are
recountable,
if the absent voter ballots are securely packaged and
sealed.
(3)
If a board of canvassers conducting a recount pursuant to
this
chapter determines that the ballots of a precinct are not
eligible
for recount under this section, the original return of the
votes
for that precinct shall be taken as correct.
(2) (4)
A board of canvassers conducting a
recount pursuant to
under this chapter may conduct a recount by the following means:
(a) A manual tally of the ballots.
(b) A tabulation of the ballots on a computer using a software
application designed to specifically count only the office or
ballot question subject to the recount.
(c) A tabulation of the ballots on a computer using the same
software application used in the precinct on election day.
(d) Any combination of methods in subdivision (a), (b), or
(c), as determined appropriate by the board of canvassers.
(3) (5)
If a board of canvassers conducting
a recount pursuant
to
under this chapter intends to conduct a recount on a
computer,
the board of canvassers shall first test the software application
by use of a test deck to determine if the program accurately counts
the votes for the office or ballot question subject to the recount.
If the test under this subsection fails to show that the software
application accurately counts the votes for the office or ballot
question subject to the recount, the board of canvassers shall use
another
means prescribed in subsection (4) (2) to conduct the
recount.
Sec. 874. (1) Pursuant to this chapter, the board of
canvassers conducting the recount shall reject all previous returns
from
the precincts, townships, or wards.
, except the returns from
a
precinct that cannot be recounted as to that candidate or ballot
question
pursuant to section 871. In a
public place where the
candidates or persons interested in the ballot question and their
counsel may be present, if they so desire, the board of canvassers
shall proceed in the manner prescribed in section 871. If
applicable, the board of canvassers shall open the ballot boxes
from the precincts, townships, or wards, and the rolls or packages
of ballots in the ballot boxes, and to make a recount of the
ballots as to the candidates or ballot question. Upon completion of
the recount, the board of canvassers shall make a full, complete,
and correct return in writing, showing the full number of votes
given to each candidate, or the total number of votes cast for and
against any ballot question, written out in words and figures.
(2) The board of canvassers shall conduct the recount so that
the complete procedure may be observed and noted by the candidates
or persons interested in the ballot question, their counsel, and
not to exceed 1 watcher and 1 tallier at each table to check the
work of the recount clerks. The secretary of state shall develop
instructions consistent with this act for conducting a recount
pursuant
to under this subsection. All votes cast, whether for
candidates or ballot questions, shall be recounted in the following
manner:
(a)
The ballots from any given precinct shall must first be
counted and the total compared with the number of ballots issued on
election
day as shown on the poll list. If the first count of the
number
of ballots and the number of ballots issued on election day
as
shown on the poll list do not match, the ballots from that
precinct
shall be counted a second time and the total compared with
the
number of ballots issued on election day as shown on the poll
list.
If the second count of the number of ballots and the number
of
ballots issued on election day as shown on the poll list do not
match,
those ballots shall not be recounted as provided in section
871.
If the second count of the number of ballots and the number of
ballots
issued on election day as shown on the poll list match, the
ballots
from that precinct shall be counted a third time and the
total
compared with the number of ballots issued on election day as
shown
on the poll list. If the third count of the number of ballots
and
the number of ballots issued on election day as shown on the
poll
list do not match, those ballots shall not be recounted as
provided
in section 871.
(b)
If the first count described in subdivision (a) or the
second
and third counts described in subdivision (a) match the
number
of ballots issued on election day, the The ballots shall
must be placed face up on the table and 1 recount clerk shall call
the votes for each candidate or ballot question involved in the
recount.
(c) Two tally clerks shall simultaneously record the called
votes on forms provided for that purpose.
(3) The candidates or persons interested in the ballot
question, their counsel, watchers, and talliers shall be allowed to
observe each ballot as it is called and to take notes as they
desire for their own records. The board of canvassers shall
identify by an exhibit number a ballot counted or rejected under
protest, keep a record of the protest, and proceed as required
under section 871a.
Sec.
881. (1) A person filing a recount petition pursuant to
under section 879 or 880 shall file the petition with the state
bureau of elections. Except as otherwise provided in this section,
at the time of filing the petition, the petitioner shall deposit
the sum of $25.00 for each precinct in which a recount of the votes
is demanded in cash or by check or other negotiable instrument made
payable to the state of Michigan.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating
the winning candidate and the petitioner is more than 50 votes or
0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the state bureau of
elections the sum of $125.00 for each precinct referred to in his
or her petition. For purposes of this subsection, the winning
candidate in a primary for a nonpartisan office where only 1
candidate will be elected means the candidate nominated with the
lesser number of votes.
(3) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes
separating the winning candidate who received the least number of
votes and the petitioner is more than 50 votes or 0.5% of the sum
of the number of votes received by the 2 candidates, whichever is
greater, the petitioner shall deposit with the state bureau of
elections the sum of $125.00 for each precinct referred to in his
or her petition.
(4) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner
shall deposit with the state bureau of elections the sum of $125.00
for each precinct referred to in his or her petition.
(5) If, by reason of the recount, the petitioner establishes
fraud or mistake as set forth in his or her petition and receives a
certificate of election or establishes sufficient fraud or mistake
to change the result upon an amendment or proposition, the votes
for
and against which that were recounted, the state bureau of
elections shall refund the money deposited to the petitioner. The
secretary of state shall refund the money deposited to a petitioner
who is a chairperson of a state political party if the results of
the race for which a recount was petitioned for under section 879
are changed. If a refund is not made as required by this section,
then the secretary of state shall pay to the treasurer of each
county its proportionate share of the deposit based upon the number
of precincts in the county in which the votes were recounted.
(6)
If a precinct referred to in the petition is determined
"not
recountable" as provided in section 871(3) or, subject Subject
to subsection (7), if a precinct referred to in the petition is not
recounted due to the withdrawal of the petition, the money
deposited
for the recount of that precinct shall must be refunded
to the petitioner.
(7) If the votes cast on the ballots voted in a precinct have
been
examined and recounted, the withdrawal of the petition shall
must not result in a refund of the money deposited for the recount
of that precinct.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
