Bill Text: MI HB4762 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: voting procedures; early voting procedures; provide for. Amends secs. 662 & 668b of 1954 PA 116 (MCL 168.662 & 168.668b) & adds secs. 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i & 720j.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2023-06-20 - Bill Electronically Reproduced 06/15/2023 [HB4762 Detail]
Download: Michigan-2023-HB4762-Introduced.html
HOUSE BILL NO. 4762
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 662 and 668b (MCL 168.662 and 168.668b), section 662 as amended by 2022 PA 219 and section 668b as added by 2018 PA 614, and by adding sections 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, and 720j.
the people of the state of michigan enact:
Sec. 662. (1) The legislative body in each city and township, or a board of county election commissioners as provided under section 720g, shall designate and prescribe the place or places of holding an election for a city, village, or township election, and shall provide a suitable polling place in or early voting site for each precinct located in the city or township for use at each election. Except as otherwise provided in this section, school buildings, fire stations, police stations, and other publicly owned or controlled buildings must be used as polling places.a publicly owned or controlled building, including, but not limited to, a municipal building or school building, must be used as a polling place or early voting site unless it is not possible or convenient to use a publicly owned or controlled building as a polling place or early voting site.
(2) Subject to this subsection, if it is not possible or convenient to use a publicly owned or controlled building as a polling place as described in subsection (1), the legislative body of the city or township, or a board of county election commissioners as provided under section 720g, may use as a polling place a building owned or controlled by an organization that is exempt from federal income tax as provided by section 501(c), other than 501(c)(4), (5), or (6), of the internal revenue code of 1986, 26 USC 501. The legislative body of a city or township, or a board of county election commissioners as provided under section 720g, shall not designate as a polling place or early voting site a building as described in this subsection that is owned or leased by a person that is a sponsor of a political committee or independent committee or that is owned by an individual who is a candidate.
(3) The legislative body of a city or township, or a board of county election commissioners as provided under section 720g, may establish a polling place at a for profit or nonprofit residence or facility in which 150 individuals or more aged 62 or older reside or at an apartment building or complex in which 150 individuals or more reside.
(4) Subject to this subsection, if a suitable polling place as described in subsections (1), (2), and (3) is not reasonably available for use or convenient to use, the legislative body of a city or township, or a board of county election commissioners as provided under section 720g, may establish a polling place at any privately owned banquet or conference center or recreation clubhouse. The legislative body of a city or township, or a board of county election commissioners as provided under section 720g, shall not designate as a polling place a building described in this subsection that is owned by a person that is a sponsor of a political committee or independent committee or that is owned by an individual who is a candidate. Before a building that is not publicly owned or controlled as described in this subsection is designated as a polling place by a county, city, or township, the clerk of the county, city, or township in which that building is located must obtain a signed affidavit from the owner or manager of the building that certifies that the owner of the building is not a person that is a sponsor of a political committee or independent committee or is not an individual who is a candidate.
(5) The Except as otherwise provided in section 4(1)(m) of article II of the state constitution of 1963 for early voting, the legislative body in each city or township may establish a central polling place or central polling places for 6 precincts or less if it is possible and convenient for the electors to vote at the a central polling place or at central polling places and if it will not result in significantly increased travel times or delays for electors in the voting process. The legislative body in each city or township may abolish other polling places not required as a result of the establishment of a central polling place or central polling places.
(6) A township board may provide polling places or early voting sites located within the limits of a city that has been incorporated from territory formerly a part of the township, and the electors of the township may cast their ballots at those polling places or early voting sites. If 2 contiguous townships utilize a combined township hall or other publicly owned or controlled building within 1 of the township's boundaries and outside of the other township's boundaries, and there is not another publicly owned or controlled building or a building owned or controlled by an organization that is exempt from federal income tax, as provided by section 501(c), other than 501(c)(4), (5), or (6), of the internal revenue code of 1986, 26 USC 501, available or suitable for a polling place or early voting site within the other township, then each township board may provide a polling place or early voting site in that publicly owned building for 1 or more election precinct.
(7) A city or township, or a county as provided under section 720g, shall not use as a polling place, early voting site, or central polling place a building that does not meet the requirements of this section.
(8) The legislative body of a city or township, or a board of county election commissioners as provided under section 720g, shall not establish, move, or abolish a polling place, early voting site, or central polling place less than 60 days before an election unless necessary because a polling place, early voting site, or central polling place has been damaged, destroyed, or rendered inaccessible or unusable as a polling place, early voting site, or central polling place.
(9) The legislative body of a city or township, or a board of county election commissioners as provided under section 720g, shall ensure that a polling place, early voting site, or central polling place established under this section is accessible and complies with the voting accessibility for the elderly and handicapped act and the help America vote act of 2002.
(10) As used in this section:
(a) "Accessible" means the removal or modification of policies, practices, and procedures that deny an individual with a disability the opportunity to vote, including the removal of physical barriers as identified in section 261(b) of the help America vote act of 2002, 52 USC 21021, so as to ensure individuals with disabilities the opportunity to participate in elections in this state.
(b) "Candidate" means that term as defined in section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203.
(c) "Central polling place" means the place where an elector marks and casts the elector's ballot on election day.
(d) "Early voting site" means that term as described in section 4(1)(m) of article II of the state constitution of 1963.
(e) (c) "Sponsor of a political committee or independent committee" means a person that is described as being a sponsor under section 24(3) of the Michigan campaign finance act, 1976 PA 388, MCL 169.224, and includes a subsidiary of a corporation or a local of a labor organization, if the corporation or labor organization is considered a sponsor under section 24(3) of the Michigan campaign finance act, 1976 PA 388, MCL 169.224.
Sec. 668b. (1) Each Subject to subsection (4), 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 Subject to subsection (4) and 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 Subject to subsection (4), 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.
(4) Beginning on the effective date of the amendatory act that added this subsection, this section is subject to the early voting provisions in sections 720a to 720j.
Sec. 720a. As used in sections 720b to 720j:
(a) "County agreement" means an agreement between 1 or more municipalities located in the same county and the county clerk of that county authorizing the county clerk of the county to conduct early voting for each municipality that is a party to the agreement.
(b) "Early voting" means casting a ballot in person before election day in the same manner as a ballot is cast on election day, including depositing the ballot into a tabulator.
(c) "Early voting plan" means a document and any addenda to the document outlining the manner in which early voting will be provided.
(d) "Early voting site" means a location where early voting occurs that meets both of the following requirements:
(i) Is open for at least the required 9 consecutive days of early voting beginning on the second Saturday before a statewide or federal election and ending on the Sunday before a statewide or federal election.
(ii) Is open for at least 8 hours each day during the required 9 consecutive days of early voting.
(e) "Municipal" and "municipality" mean a city or township.
(f) "Municipal agreement" means an agreement between 2 or more municipalities located in the same county to jointly conduct early voting.
Sec. 720b. (1) A registered and qualified elector in this state has the right to vote in person in each statewide and federal election at an early voting site before election day. An elector at an early voting site has the same rights and is subject to the same requirements as an elector at a polling place on election day.
(2) Early voting must be provided in each statewide and federal election for at least 9 consecutive days beginning on the second Saturday before the statewide or federal election and ending on the Sunday before the statewide or federal election, and must be provided for at least 8 hours each day during the required 9 consecutive days of early voting.
Sec. 720c. (1) The secretary of state shall supervise the implementation and conduct of early voting required under section 4(1)(m) of article II of the state constitution of 1963 to provide each elector an opportunity to cast a ballot in person before each statewide or federal election.
(2) For early voting required under section 4(1)(m) of article II of the state constitution of 1963, the secretary of state shall do all of the following:
(a) Issue instructions and procedures to county and municipal election officials on the administration and conduct of early voting.
(b) Advise and direct county and municipal election officials on conducting early voting.
(c) Modify the qualified voter file technology and electronic poll book technology, or develop, acquire, or approve new technology, to efficiently and securely implement, administer, and conduct early voting, including, but not limited to, providing for daily updates to the electronic poll book. Notwithstanding section 668b, the secretary of state may upgrade the electronic poll book or develop or acquire new technology to replace the electronic poll book.
(d) Create a model municipal agreement template and model county agreement template, and ensure that each template can be completed online by a county or municipality no later than September 1 of the year before the year in which a general November election is to be held.
(e) Create model early voting plan templates for municipalities to complete, and ensure that each template can be electronically transmitted to the bureau of elections.
(f) Create model countywide early voting plan templates for county clerks to complete, and ensure that each template can be electronically transmitted to the bureau of elections.
(g) Review each countywide early voting plan and, if necessary, review early voting plans submitted by municipalities under section 720h.
(h) No later than September 1 of the year before the year in which a general November election is to be held, evaluate the current electronic voting systems in use in this state to determine whether the tabulators of each electronic voting system may be coded and used at an early voting site and also coded and used at an election day precinct for the same election.
(i) Each electronic voting system, ballot processing machine, including, but not limited to, a ballot tabulator, and any other machine or system used to facilitate voting, the counting of ballots and votes, and the adjudication of ballots, must be in compliance with the help America vote act.
(3) The secretary of state shall provide resources to county and municipal election officials that prevent an elector from intentionally or inadvertently casting more than 1 ballot at an election. The resources required may be technological, procedural, or a combination of both technological and procedural, and must do all of the following:
(a) When more than 1 early voting site is available, require that an elector be assigned to only 1 early voting site, and create a mechanism that alerts an election inspector at an early voting site that an elector applying to vote at that early voting site has previously cast a ballot at another early voting site.
(b) During each day of early voting, update the qualified voter file record of each elector who cast a ballot at an early voting site and update the electronic poll book with each elector who has submitted an absent voter ballot.
(c) Void the absent voter ballot of any elector who has both submitted an absent voter ballot and cast a ballot at an early voting site, and require that elector to sign an affidavit attesting that the elector surrenders the elector's absent voter ballot.
Sec. 720d. (1) Each municipality shall administer early voting under 1 of the following provisions:
(a) Conduct early voting as a single municipality separate from any other municipality as provided under section 720e.
(b) Enter into a municipal agreement and jointly conduct early voting with 1 or more other municipalities located in the same county as provided under section 720f.
(c) Enter into a county agreement and authorize the county clerk of the county in which that municipality is located to conduct early voting for 1 or more municipalities located in that county.
(2) No later than September 1 of the year before the year in which a general November election is to be held, the clerk of each municipality shall notify the county clerk of the county in which that municipality is located regarding whether the municipality intends to enter into a municipal agreement or a county agreement.
Sec. 720e. (1) The clerk of a municipality that does not enter into a municipal agreement or county agreement for conducting early voting is responsible for administering early voting in that municipality.
(2) Each early voting site for a municipality described in subsection (1) must be designated in the same manner as polling places are designated in section 662. An elector registered in the municipality may engage in early voting at that elector's assigned early voting site in that municipality.
(3) The board of election commissioners of a municipality described in subsection (1) shall, in accordance with section 674, appoint election inspectors for each early voting site in that municipality at least 20 days and not more than 50 days before each statewide and federal election.
(4) For each federal and statewide election, each municipality described in subsection (1) must have 1 or more early voting sites. In addition, the clerk of the municipality described in subsection (1) may set additional hours for early voting on any of the required 9 consecutive days of early voting as described in section 720b.
(5) The clerk of a municipality described in subsection (1), with the approval of the legislative body of that municipality, may also offer early voting on additional days beyond the required 9 consecutive days as described in section 720b. The clerk of the municipality may set the hours for those additional days of early voting without regard to the hours on the required 9 consecutive days of early voting described in section 720b. Additional days of early voting as described in this subsection must take place on or after the fortieth day before an election and before the second Saturday before the election.
(6) Subject to section 720j(14), the legislative body of a municipality described in subsection (1) may adopt a resolution to conduct early voting in an election held in that municipality that is not a statewide or federal election, and early voting for that election must be conducted under the requirements of this section, except that the required 9 consecutive days of early voting beginning on the second Saturday before the election and ending on the Sunday before the election, and the required minimum of 8 hours of early voting each day, do not apply.
(7) If a municipality has 250 or more precincts, each ballot form that contains identical offices and names may be considered a separate precinct for purposes of early voting.
Sec. 720f. (1) The secretary of state shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to prescribe the provisions that must be included in a municipal agreement. The provisions must include, but not be limited to, all of the following:
(a) The name of each municipality, and the name of the clerk of each municipality, that is a party to the agreement.
(b) The number of precincts, and the identity of those precincts, in each participating municipality.
(c) The name of the county clerk of the county in which the participating municipalities are located who will act as the coordinator and organize and monitor the administrative requirements of early voting for the participating municipalities.
(d) The process for approving early voting sites, in accordance with section 662, by 1 or more legislative bodies of the participating municipalities.
(e) A requirement that the board of election commissioners of each participating municipality will appoint, pursuant to section 674, the election inspectors for each early voting site at least 20 days and not more than 50 days before each statewide and federal election. Each early voting site must have at least 1 election inspector from each major political party for each day of early voting, and each early voting site must have, at a minimum, 3 election inspectors present at all times during each day of early voting. Each election inspector must be qualified as provided under section 677.
(f) The early voting hours, the early voting sites, and the precincts assigned to each early voting site for the required 9 consecutive days of early voting, and the process for approving any additional days and hours of early voting.
(g) Identification of who is responsible for providing the notice of election for early voting that includes the days and hours that early voting will be available.
(h) The number of tabulators and electronic poll books that are necessary at each early voting site and the name of each municipality that will provide those tabulators and electronic poll books.
(i) The name of the board of election commissioners that will conduct testing of the electronic voting equipment.
(j) The name of the clerk who shall, in accordance with section 668b, download the electronic poll book software from the qualified voter file software.
(k) The supervision and staffing of each early voting site on each day of early voting.
(l) The process for securing equipment and ballots at the conclusion of each day of early voting.
(m) The location where the electronic voting equipment and election materials from each early voting site will be transported and how the electronic voting equipment and election materials will be retained and secured after the close of early voting on the Sunday before election day.
(n) Information on how each participating municipality must appoint a receiving board or election inspectors to canvass the early vote returns on election day and report early voting results to the county clerk.
(o) The process for a participating municipality to withdraw from the agreement.
(2) The county clerk of the county in which the participating municipalities are located shall provide oversight to ensure sufficient resources are available and are timely dispatched to each early voting site. The county clerk, as coordinator, shall develop the early voting plan and the early voting budget for each election.
(3) The clerks of the municipalities that are participating in a municipal agreement shall designate a participating municipal clerk to, in accordance with section 668b, download the electronic poll book software from the qualified voter file software.
(4) In accordance with section 662, the county clerk, as coordinator, shall submit each early voting site to the legislative body of each municipality designated by the municipal agreement for approval.
(5) Each participating municipal clerk shall recruit election inspectors, and the board of election commissioners of each participating municipality shall, in accordance with section 674, appoint election inspectors for early voting. Each early voting site must have at least 1 election inspector from each major political party for each day of early voting, and each early voting site must have, at a minimum, 3 election inspectors present at all times during each day of early voting. Each election inspector must be qualified as provided under section 677.
(6) The county clerk, as coordinator, shall appoint a municipal clerk from 1 of the participating municipalities to act as supervisor for each day of early voting. The supervisor shall operate in the same manner as a municipal clerk does for an election day polling place. A supervisor may delegate the supervisor's duties to a member of the supervisor's staff.
(7) For each federal and statewide election, there must be 1 or more early voting sites that are open to all the registered electors of each municipality that is a party to the municipal agreement.
(8) The clerks of the municipalities that are participating in a municipal agreement may also offer early voting on additional days beyond the required 9 consecutive days as described in section 720b. The board of election commissioners of each participating municipality may set the hours for those additional days of early voting without regard to the required hours for early voting on the 9 consecutive days of early voting described in section 720b. Additional days of early voting as described in this subsection must take place on or after the fortieth day before an election and before the second Saturday before the election.
(9) Subject to section 720j(14), the legislative body of a municipality that is a party to a municipal agreement may adopt a resolution to conduct early voting in an election to be held in the municipality that is not a statewide or federal election. If a municipality adopts a resolution as provided in this subsection, the clerk of that municipality shall conduct early voting for that election as provided under section 720e.
(10) Subject to section 720j(14), the legislative body of each municipality that is a party to a municipal agreement may enter into an agreement to jointly conduct early voting in an election that involves more than 1 of the municipalities in the municipal agreement and that is not a statewide or federal election. Early voting in those elections must be conducted under the requirements of this section, except that the required minimum of 9 consecutive days of early voting beginning on the second Saturday before the election and ending on the Sunday before the election, and the required minimum of 8 hours of early voting each day, do not apply.
(11) A municipal agreement covers all statewide and federal elections, and any additional elections that the legislative bodies of the municipalities jointly agree to include, for an entire election year in which a general November election is held and the year following that general November election. A municipal agreement automatically terminates at the end of the year following an election year in which a general November election is held, but the municipalities may choose to renew the municipal agreement. A municipality may withdraw from a municipal agreement no later than 90 days before a statewide primary in an even numbered year or after the canvass is completed for a general November election. If a municipality withdraws from a municipal agreement, the municipality must conduct early voting as provided under section 720e.
Sec. 720g. (1) The secretary of state shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to prescribe the provisions that must be included in a county agreement between 1 or more municipalities located in the same county and the county clerk of that county authorizing the county clerk to conduct early voting for each municipality that is a party to the agreement. The provisions must include, but not be limited to, all of the following:
(a) The name of the county, the name of the county clerk, the name of each municipality, and the name of the clerk of each municipality, that are involved in the agreement.
(b) The number of precincts in each participating municipality.
(c) A requirement that the county clerk serve as the coordinator who will organize and monitor the administrative requirements of early voting.
(d) A requirement that an early voting site must not be located more than 6 miles from the boundary line of a participating municipality.
(e) The early voting hours, the early voting sites, and the precincts assigned to each early voting site for the required 9 consecutive days of early voting, and the process for approving any additional days and hours of early voting.
(f) A requirement that the county clerk provide the notice of election for early voting that includes the days and hours that early voting will be available.
(g) The process for determining the number of tabulators and electronic poll books that are necessary in each early voting site and the name of the county or municipality that will provide those tabulators and electronic poll books.
(h) The name of the board of election commissioners that will conduct testing of the electronic voting equipment.
(i) The name of the clerk who shall, in accordance with section 668b, download the electronic poll book software from the qualified voter file software.
(j) The supervision and staffing of each early voting site on each day of early voting.
(k) The process for securing equipment and ballots at the conclusion of each day of early voting.
(l) The location where the electronic voting equipment and election materials from each early voting site will be transported and how the electronic voting equipment and election materials will be retained and secured after the close of early voting on the Sunday before election day.
(m) Information on how each participating municipality must appoint a receiving board or election inspectors to canvass the early vote returns on election day and report early voting results to the county clerk.
(n) The process for a participating municipality to withdraw from the agreement.
(2) The county clerk shall organize and monitor the administrative requirements of early voting. The county clerk shall provide oversight to ensure sufficient resources are available and are timely dispatched to each early voting site. The county clerk shall develop the early voting plan.
(3) The county clerk shall designate which clerk, either the county clerk or a designated municipal clerk, shall, in accordance with section 668b, download the electronic poll book software from the qualified voter file software.
(4) Upon request of the county clerk, a clerk of a participating municipality may make available, to the extent possible, tabulators, electronic poll books, and ballot containers for conducting early voting.
(5) In accordance with section 662, the county clerk shall submit each early voting site location to the board of county election commissioners for approval. Each early voting site submitted for approval may serve all electors covered by the county agreement, the electors in specific municipalities that are covered by an early voting site, the electors of 1 municipality, or any combination of those options, as long as each elector in the county is served by 1 or more early voting sites.
(6) A municipal clerk shall recruit election inspectors at the request of the county clerk, or shall provide the county clerk with the list of election inspectors for the clerk's municipality. The board of county election commissioners shall, in accordance with section 674, appoint election inspectors for early voting. Each early voting site must have at least 1 election inspector from each major political party for each day of early voting, and each early voting site must have, at a minimum, 3 election inspectors present at all times during each day of early voting. Each election inspector must be qualified as provided under section 677.
(7) The county clerk shall appoint a participating municipal clerk to act as a supervisor for each day of early voting. The county clerk may appoint a different participating municipal clerk to act as a supervisor for different days of early voting. The supervisor shall operate in the same manner as a municipal clerk does for an election day polling place. A supervisor may delegate the supervisor's duties to a member of the supervisor's staff. If a municipal clerk, or a member of the municipal clerk's staff, is not available to act as a supervisor, the county clerk may act as supervisor. If the county clerk acts as supervisor, the county clerk may delegate the supervisor's duties to a member of the county clerk's staff.
(8) For each federal and statewide election, there must be 1 or more early voting sites that are open to all the registered electors of each municipality that is a party to the county agreement.
(9) Subject to section 720j(14), the legislative body of a municipality that is party to a county agreement may adopt a resolution to conduct early voting in an election to be held in the municipality that is not a statewide or federal election. If a municipality adopts a resolution as provided in this subsection, the clerk of that municipality may conduct early voting for that election as provided under section 720e.
(10) Subject to section 720j(14), a county clerk and the legislative body of 1 or more municipalities may enter into an agreement for the county clerk to conduct early voting in an election that is not a statewide or federal election. This section does not preclude a county clerk and a municipality from entering into an agreement for the county clerk to conduct early voting for an election in the municipality that is not a statewide or federal election. Early voting in those elections must be conducted under the requirements of this section, except that the required minimum of 9 consecutive days of early voting beginning on the second Saturday before the election and ending on the Sunday before the election, and the required minimum of 8 hours of early voting each day, do not apply.
(11) A county agreement covers all statewide and federal elections, and any additional elections that the county board of commissioners and the legislative bodies of the municipalities may jointly enter into an agreement to include, for the entire year in which a general November election is held and the year following that general November election. A county agreement automatically terminates at the end of the year following an election year in which a general November election is held, but the parties to the county agreement may choose to renew the county agreement. A municipality may withdraw from a county agreement no later than 90 days before a statewide primary in an even numbered year or after the canvass is completed for a general November election. A county clerk may not withdraw from a county agreement. However, the county clerk may choose not to renew a county agreement following the termination of that agreement.
Sec. 720h. (1) Subject to this subsection, a municipality must file an early voting plan with the county clerk of the county in which that municipality is located no later than February 15 of the year in which a general November election is held, except that in a year when a presidential primary election is held, the municipality must file the early voting plan with the county clerk no later than December 1 of the year preceding the presidential primary election. Before filing an early voting plan with the county clerk, a municipality must have that early voting plan approved by the appropriate board of election commissioners.
(2) An early voting plan must provide sufficient details describing the processes created to conduct early voting. Each early voting plan must include, but not be limited to, all of the following:
(a) Whether the plan covers a municipality described in section 720e, a municipal agreement described in section 720f, or a county agreement described in section 720g.
(b) The name of each municipal clerk, and, if applicable, the name of the county clerk, executing the early voting plan.
(c) The number of precincts and registered electors in the municipality under section 720e, the municipal agreement under section 720f, or the county agreement under section 720g, as applicable.
(d) The number of early voting sites, the location of each early voting site, if available, and the municipality or municipalities the early voting sites serve.
(e) The name and contact information of the county clerk, as coordinator, for a municipal agreement, or the name and contact information of the county clerk for a county agreement, if applicable.
(f) Any additional early voting days that will be offered before the required 9 consecutive days of early voting as provided in section 720b, along with the hours the early voting will be open on those additional early voting days.
(g) The communication strategy informing electors of the opportunity for early voting.
(h) A notification to the secretary of state to ensure that the secretary of state has the information necessary to include the location, along with the dates and hours of operation, of each early voting site on the Michigan voter information center portion of the department of state's website.
(i) A copy of a municipal agreement or a county agreement, if applicable.
(3) Each county clerk shall review each early voting plan to verify that the early voting plan contains all the required information. Each municipality in a county shall submit accurate and complete information in the early voting plan, and shall promptly respond to a request for information from the county clerk.
(4) Each county clerk shall compile a countywide early voting plan that incorporates the data from each early voting plan in that county covering a municipality described under section 720e, a municipal agreement described under section 720f, and a county agreement described under section 720g. The county clerk shall certify that each municipality in the county is covered by 1 or more early voting sites. Subject to this subsection, the county clerk shall submit a countywide early voting plan to the secretary of state no later than March 1 of each year in which a general November election is held, except that in a year when a presidential primary election is held, the county clerk must file the countywide early voting plan with the secretary of state no later than December 15 of the year preceding the presidential primary election. Before submitting a countywide early voting plan to the secretary of state, the county clerk must have the countywide early voting plan approved by the board of county election commissioners of that county.
Sec. 720i. (1) An early voting site is subject to the same requirements as a polling place except that an early voting site may do either or both of the following:
(a) Serve electors from more than 6 precincts.
(b) Serve electors from more than 1 municipality located in a county.
(2) An early voting site is not subject to the limit on the number of electors assigned to a precinct as provided in section 661.
(3) The location of each early voting site must be finalized no later than 60 days before election day.
(4) On each day of early voting, each registered elector in line at the early voting site at the hour prescribed for the closing of the early voting site must be allowed to vote.
Sec. 720j. (1) At each early voting site, ballots must be cast using electronic tabulating equipment authorized to be used on election day or specifically authorized for early voting in the county where the early voting site is located.
(2) The clerk of the county where an early voting site is located shall prepare and provide to each municipal clerk or early voting site coordinator, as appropriate, both of the following:
(a) Programming for the electronic voting equipment to be used at the early voting site no later than 45 days before election day.
(b) Test ballots to be used to test the electronic voting equipment no later than 15 days before the start of early voting. The appropriate board of election commissioners shall complete the preliminary and public logic and accuracy testing no later than 5 days before the start of early voting in accordance with the requirements under section 798.
(3) If a municipal clerk is conducting early voting as a municipality under section 720e, the municipal clerk shall provide for each early voting site either of the following:
(a) A single tabulator programmed to tabulate ballots for all of the precincts in the municipality.
(b) Multiple tabulators, with each tabulator programmed to tabulate ballots for a unique set of precincts in the municipality. Each precinct in the municipality must appear on only 1 tabulator at an early voting site, and each tabulator must correspond with 1 electronic poll book containing a list of registered electors in each precinct programmed on that tabulator.
(4) If municipalities are parties to a municipal agreement, the municipal agreement must provide for either of the following:
(a) A single tabulator programmed to tabulate ballots for all of the precincts of each municipality covered by the municipal agreement.
(b) Multiple tabulators, with each tabulator programmed to tabulate ballots for 1 or more municipalities covered by the municipal agreement. Each precinct in each of the municipalities covered by the municipal agreement must appear on only 1 tabulator in an early voting site, and each tabulator must correspond with 1 electronic poll book containing a list of registered electors in each precinct programmed on that tabulator.
(5) If 1 or more municipalities are parties to a county agreement, the county agreement must provide for a tabulator and electronic poll book at each early voting site as follows:
(a) For an early voting site covering the entire county, in the same manner as an early voting site of a municipality conducting early voting as a municipality under section 720e.
(b) For an early voting site covering less than the entire county, in the same manner as an early voting site for municipalities that are parties to a municipal agreement under section 720f.
(6) The electronic poll book must be updated before early voting starts each day to reflect new registered electors, absent voter ballots issued and received, and ballots cast at early voting sites since the last update.
(7) After the close of the first day of early voting, the board of election inspectors shall do all of the following at each early voting site:
(a) Verify that the number of ballots tabulated equals the number of electors identified in the electronic poll book as having been issued ballots at the early voting site that day, and note the reason for any discrepancy in the poll book.
(b) Remove the voted ballots from the tabulator bin and seal the ballots, along with any spoiled ballots, in an approved ballot container in the same manner as ballots are sealed on election day and in accordance with section 806a.
(c) Record the seal number on the ballot container certificate in accordance with section 806a.
(d) Record the seal number in the poll book.
(e) Print a poll list from the electronic poll book of the electors who voted at the early voting site that day and add it to the paper poll book.
(f) Report the number on the public counter on the tabulator at the end of the day and at the beginning of the day.
(8) After the close of each subsequent day of early voting after the first day of early voting, the board of election inspectors shall follow the same procedure as provided in subsection (7), except that on subsequent days a hand count of the current day's ballots must be conducted and recorded, the seal on the ballot container must be removed, the current day's ballots must be added to the ballot container and bundled or separated by day, the ballot container must be resealed, the new seal number must be recorded on the ballot container certificate and in the electronic poll book, and the ballot container certificate must be signed by the election inspectors. If a ballot container becomes too full to add additional ballots, the election inspectors must use 1 or more additional ballot containers and label the ballot container certificates sequentially.
(9) During the required early voting period, the municipal clerk or the early voting site supervisor, as appropriate, shall take all necessary steps to secure the electronic voting equipment, ballot containers, blank ballots, and other election materials after the close of early voting each day until the opening of early voting on the following day, in accordance with guidance provided by the secretary of state. After the last day of early voting, the municipal clerk or the early voting site supervisor, as appropriate, shall deliver the electronic voting equipment, each ballot container, the blank ballots, and other election materials to the clerk who will perform the closing of the election after the polls close on election day.
(10) After the polls close on election day, the receiving board shall do all of the following:
(a) Canvass the vote as provided in sections 801 to 810.
(b) Generate the totals tape and make results available to those present.
(c) Complete the statements of results, the ballot summary, and the certificate of election inspectors.
(d) If a ballot container is opened during the canvass, reseal the ballot container and record the seal number on the ballot container certificate and in the poll book.
(11) The county clerk shall report early voting results as a separate category distinct from categories required under section 765a(1) and shall add these results to the total results for each precinct, except for a municipality with 250 or more precincts that chooses to use a ballot form that contains identical offices and names as the precincts for early voting.
(12) If, during the county canvass of the votes, it is necessary to retabulate ballots from a precinct, and any ballots from that precinct are sealed in 1 or more ballot containers from an early voting site that contain ballots from multiple precincts, each necessary ballot container must be opened and the ballots sorted by precinct so that the ballots needing to be retabulated can be identified and segregated. The sorting must be done at the canvass. Similarly, if there is a recount of a precinct and any ballots from that precinct are sealed in 1 or more ballot containers from an early voting site that contain ballots from multiple precincts, each ballot container must be opened and the ballots sorted by precinct as described in this subsection so that the ballots subject to the recount can be identified and segregated.
(13) Early voting results must not be generated or reported until after 8 p.m. on election day. An individual shall not intentionally disclose an election result from an early voting site before 8 p.m. on election day. An individual who violates this subsection is guilty of a felony.
(14) A county or municipality must not be reimbursed by this state for any costs or expenses associated with providing or conducting early voting at an election that is not a federal or statewide election.
(15) A county or municipality must not offer or conduct voter registration at any early voting site.
