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.