Bill Text: MI HB4734 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Elections; election officials; provisions regarding boards of county election commissioners and boards of county canvassers; modify. Amends secs. 23, 24e, 24f, 24h, 28, 821 & 830 of 1954 PA 116 (MCL 168.23 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 614'18 With Immediate Effect [HB4734 Detail]
Download: Michigan-2017-HB4734-Engrossed.html
HB-4734, As Passed Senate, December 20, 2018
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4734
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 23, 24e, 28, 821, 822, and 830 (MCL 168.23,
168.24e, 168.28, 168.821, 168.822, and 168.830), section 23 as
amended by 2012 PA 417, section 821 as amended by 2003 PA 302, and
section 822 as amended by 2013 PA 51, and section 830 as amended by
2018 PA 341, and by adding sections 668b and 824a; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 23. (1) The chief or only judge of probate of the county
or probate court district, the county clerk, and the county
treasurer shall constitute a board of county election commissioners
for
each county. , 2 of whom shall be a quorum for the transaction
of
business. The chief or only judge
of probate of the county or
probate court district and the county clerk shall act respectively
as chairperson and secretary of the board. In the absence or
disqualification of the county clerk from any meeting of the board
of county election commissioners, the board may select 1 of the
county clerk's deputies to act in the county clerk's place. In the
absence or disqualification of any member of the board of county
election commissioners other than the county clerk, the members of
the
board who are present shall appoint some other county officer
the county prosecuting attorney, county sheriff, or register of
deeds in the absent or disqualified member's place, and the
appointed county officer, on being notified, shall attend without
delay and act as a member of the board.
(2) If a member of the board is involved in the recall of an
officer, either by assisting in the preparation of the petition for
recall or by being an officer whose recall is sought, then the
member
of the board shall be is disqualified with respect to any
determination
under section 952 and shall must
be replaced as
provided in this section.
Sec. 24e. (1) The board shall meet as necessary to transact
their business, and during the month of January in each even
numbered
year elect one 1 of their members chairman chairperson and
one
1 as vice-chairman. vice-chairperson. Any 3 members shall
constitute
a quorum, but no action shall become becomes effective
unless 1 member from each political party represented concurs
therein.in the action.
(2) The
county clerk shall be is the clerk of the board of
county
canvassers. The board of county canvassers county clerk may
employ
such any assistants as are necessary to adequately
to
perform
the duties of the board. , and the The payment for the
assistants
shall must be in amounts authorized by the board of
county
canvassers county clerk and shall must be paid from an
appropriation made for that purpose by the county board of
supervisors
prior to commissioners before
the canvass.
Sec. 28. Members of the various boards of election
commissioners
and boards of canvassers and any other person charged
with duties in connection with the conduct of primaries, elections,
canvassing
of returns, and recounts shall must receive
such
compensation
as shall be is determined by the legislative body of
the
this state, the
county, the city, the township, or the village,
as
the case may be.applicable.
The county board of commissioners
shall consult with the county clerk to determine the compensation
for the board of county canvassers and any assistants employed by
the county board of canvassers.
Sec. 668b. (1) Each city or township shall use the electronic
poll book software developed by the bureau of elections in each
election precinct in the city or township on election day to
process voters and generate election precinct reports.
(2) Except as otherwise provided in subsection (3), after 4
p.m. on the day before an election, each city or township clerk
shall download the electronic poll book software from the qualified
voter file software.
(3) In a city or township with more than 50 election
precincts, the city or township clerk may begin downloading the
electronic poll book software from the qualified voter file
software after 2 p.m. on the Saturday before an election. If a city
or township clerk downloads the electronic poll book software from
the qualified voter file software before 4 p.m. on the day before
an election as provided in this subsection, the city or township
clerk must provide a supplemental absent voter list to each
election precinct before the polls open on election day that
captures any absent voter activity in the city or township between
2 p.m. on the Saturday before the election and 4 p.m. on the Monday
before the election.
Sec.
821. (1) The Except as
provided in subsection (2), the
board of county canvassers shall meet at the office of the county
clerk
at 1 p.m. no later than 9
a.m. on the day Thursday after
the
day
of a general election, August primary, or presidential primary
election
any election held in the county. Except as provided in
subsection
(2), for other elections the board shall meet within 5
days
following the election.The
county clerk or the county clerk's
staff shall determine the meeting date and time for the board of
county canvassers.
(2) If, at an election held on the May regular election date,
a ballot question appears on the ballot concerning an authorized
millage that is subject to a millage reduction as provided in
section 34d of the general property tax act, 1893 PA 206, MCL
211.34d, the board of county canvassers shall meet to canvass and
certify the results of the vote on that proposition after May 31
and before June 15 following the election.
Sec. 822. (1) The board of county canvassers shall then
proceed without delay to canvass the returns of votes cast for all
candidates for offices voted for and all questions voted on at the
election, according to the precinct returns filed with the probate
judge or presiding probate judge by the several city and township
clerks, or in case of local elections according to the precinct
returns
filed with the county clerk, and shall must conclude the
canvass
at the earliest possible time and in every case within 14
days.no later than the fourteenth day after the election.
(2) If the board of county canvassers fails to certify the
results
of any election for any officer or proposition within by
the
14 days fourteenth day
after the election as provided, the
board of county canvassers shall immediately deliver to the
secretary of the board of state canvassers all records and other
information pertaining to the election. The board of state
canvassers shall meet immediately and make the necessary
determinations and certify the results within the 10 days
immediately following the receipt of the records from the board of
county
canvassers. The cost of the canvass shall must be borne by
the county involved.
Sec. 824a. In any statement prepared under section 824, the
board of county canvassers shall disclose the number of out-of-
balance precincts that were not reconciled during the county
canvass process.
Sec.
830. Each county canvasser and county clerk shall must
receive
such reasonable compensation for services performed under
this act as is allowed by the county board of commissioners, which
compensation must be paid out of the treasury of the county.
Enacting section 1. Sections 24f and 24h of the Michigan
election law, 1954 PA 116, MCL 168.24f and 168.24h, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
