Bill Text: MI HB5091 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Elections: audits; state election audit board; create, and require election audit of 2020 general November election. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 646e.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-06-23 - Bill Electronically Reproduced 06/22/2021 [HB5091 Detail]
Download: Michigan-2021-HB5091-Introduced.html
HOUSE BILL NO. 5091
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding section 646e.
the people of the state of michigan enact:
Sec. 646e. (1) The state election audit board is created and consists of the following 7 members:
(a) One member appointed by the majority leader of the senate, after consulting with the members of his or her caucus.
(b) One member appointed by the minority leader of the senate, after consulting with the members of his or her caucus.
(c) One member appointed by the speaker of the house of representatives, after consulting with the members of his or her caucus.
(d) One member appointed by the minority leader of the house of representatives, after consulting with the members of his or her caucus.
(e) The auditor general, or his or her authorized designee.
(f) One member who was a poll challenger at the 2020 general November election and who is randomly selected and appointed by the major political party whose candidate for secretary of state received the highest number of votes at the immediately preceding general November election at which the secretary of state was elected.
(g) One member who was a poll challenger at the 2020 general November election and who is randomly selected and appointed by the major political party whose candidate for secretary of state received the second highest number of votes at the immediately preceding general November election at which the secretary of state was elected.
(2) Members must be appointed to the state election audit board within 28 days after the effective date of the amendatory act that added this section.
(3) Not more than 40 days after the effective date of the amendatory act that added this section, the state election audit board must enter into a contract with an impartial, nonpartisan, and bonded third-party corporation to commence and conduct an audit of the 2020 general November election as required under this section.
(4) Not more than 45 days after the effective date of the amendatory act that added this section, the third-party corporation must commence an audit of the qualified voter file and provide a log of all additions, revisions, and deletions to the qualified voter file occurring between January 1, 2020 and the date the audit is commenced. The log described in this subsection must include, but not be limited to, all of the following:
(a) The name of each individual who executed an addition, revision, or deletion to the qualified voter file.
(b) The location from which an individual described in subdivision (a) executed each addition, revision, or deletion to the qualified voter file.
(c) Whether a transaction was an addition, revision, or deletion to the qualified voter file.
(d) If a transaction was an addition or revision to the qualified voter file, a detailed description of the records in the qualified voter file that were modified and how these records were modified.
(5) Not more than 45 days after the effective date of the amendatory act that added this section, the third-party corporation must randomly select at least 10% of the election precincts in each county in this state from the 2020 general November election to audit the poll books, ballots, and vote tallies from those randomly selected election precincts. In addition, not more than 45 days after the effective date of the amendatory act that added this section, the third-party corporation must randomly select at least 20% of the election precincts in each city with a population of more than 500,000 from the 2020 general November election to audit the poll books, ballots, and vote tallies from those randomly selected election precincts. The audit under this subsection must review the ballots and vote tallies for the electors of President and Vice President of the United States and for the office of United States Senator. The audit under this subsection must include, but not be limited to, a log of all of the following information:
(a) For each poll book, at a minimum, all of the following must be included:
(i) The time and date the poll book was generated and downloaded for use on election day, and the time and date any supplemental poll book was generated and downloaded for use on election day.
(ii) A determination of whether the electronic poll book was connected to any network after being downloaded from the qualified voter file.
(iii) A determination of whether any changes, other than regular updates, were made to the poll book.
(iv) If changes other than regular updates were made to the poll book, the name of the individual who made the changes and the date those changes were made.
(v) The name of each elector who voted on election day without providing identification for election purposes, and a determination of how the identification of each of those electors who voted on election day without providing identification for election purposes was confirmed.
(vi) A notation of which poll challenger entries were captured.
(vii) The total number of ballots issued.
(viii) The total number of votes cast.
(ix) The total number of absent voter ballots that were voted.
(x) The total number of ballots cast in person at the polling place.
(b) For ballots, at a minimum, all of the following must be included:
(i) The total number of ballots printed.
(ii) The total number of absent voter ballots returned by mail.
(iii) The total number of absent voter ballots returned on election day.
(iv) The time of day each absent voter ballot returned on election day was received by the city or township clerk.
(v) The time and date the city or township clerk delivered the absent voter ballots to the board of election inspectors for signature verification and tabulation.
(vi) The total number of ballots that were spoiled.
(c) For each vote tally, at a minimum, all of the following must be included:
(i) The electronic voting system that was used to tally each ballot.
(ii) A description of the software installed on each electronic voting system and the name of the individual who certified the software.
(iii) The name of the individual who examined the hardware configuration on each electronic voting system.
(iv) A determination of whether any network communication devices were embedded in the hardware on any electronic voting system.
(v) A determination of whether any electronic voting system was connected to any network from the date of the final test of equipment accuracy before the election until the date the election certification was issued.
(vi) A detailed timestamped log of each vote tally transfer and what the vote tallies were during each transfer.
(6) During the audit conducted under subsections (4) and (5), the third-party corporation must determine who advised, and what procedures were followed for, the secretary of state to send out unsolicited absent voter ballot applications in 2020.
(7) During the audit conducted of the randomly selected precincts as provided under subsection (5), the third-party corporation must do all of the following:
(a) Use cameras to record the entire audit process to verify the chain of custody of all poll books, ballots, and vote tallies used during the audit.
(b) Require that only certain types of pens and other writing instruments approved by the third-party corporation are to be used during the audit.
(c) Require wardrobe differentiation for those individuals working on the audit based on the role of the individual during the audit.
(d) Inspect each ballot for proper ink markings and depressions to confirm that the ballot was completed by an individual and not by a machine.
(e) Inspect each absent voter ballot for folded crease marks.
(8) During the audit conducted under this section, the state election audit board and the third-party corporation must review any affidavits that were submitted to the senate oversight committee or house oversight committee concerning the 2020 general November election.
(9) During the audit conducted under this section, the third-party corporation is authorized to review the qualified voter file to do all of the following:
(a) Determine the 2,000 youngest voters who voted by absent voter ballot at the 2020 general November election, and investigate all of the following regarding those absent voters:
(i) That the voter actually voted at the election.
(ii) That the voter voted by absent voter ballot at the election.
(iii) How the voter applied for his or her absent voter ballot.
(b) Determine the 2,000 oldest voters under the age of 80 who never voted before and voted for the first time at the 2020 general November election, and investigate all of the following regarding those voters:
(i) That the voter actually voted at the election.
(ii) How the voter voted, whether in person or by absent voter ballot.
(10) The investigation under subsection (9) by the third-party corporation is for audit purposes only, and any individual who cooperates with the investigation under subsection (9) is not subject to criminal prosecution or civil liability for conduct associated with voting at the 2020 general November election.
(11) The third-party corporation must complete the audit described in this section, and must prepare and present a preliminary audit report to the state election audit board, the governor, the secretary of state, and the legislature, not more than 90 days after the audit is commenced. The preliminary audit report must include, but not be limited to, all of the following information:
(a) An executive summary of the audit.
(b) The log required under subsection (4) for the audit of the qualified voter file.
(c) The log required under subsection (5)(a) for the poll book in each randomly selected precinct.
(d) The log required under subsection (5)(b) for the ballots in each randomly selected precinct.
(e) The log required under subsection (5)(c) for the vote tallies in each randomly selected precinct.
(f) The determination required under subsection (6) regarding the secretary of state sending out unsolicited absent voter ballot applications in 2020.
(g) The determination of each investigation conducted under subsection (9).
(12) Not more than 14 days after the completion of the audit under this section, the state election audit board must submit a final audit report to the governor, the secretary of state, and the legislature that includes, but is not limited to, all of the following information:
(a) All of the information included in the preliminary audit report under subsection (11).
(b) Any recommendations for corrective action needed by law enforcement, the judiciary, the secretary of state, or the legislature.
(13) In addition to subsection (12), not more than 14 days after completion of the audit under this section, each member of the state election audit board may prepare and present his or her own audit report to the governor, the secretary of state, and the legislature.
(14) The state election audit board is dissolved 30 days after the state election audit board issues its final audit report under subsection (12).
(15) For the 2020-2021 fiscal year, $2,500,000.00 is appropriated from the general fund to the state election audit board to conduct the audit described in this section. In addition, any private funds received by the state election audit board are appropriated to conduct the audit described in this section.
(16) As used in this section, "third-party corporation" means the impartial, nonpartisan, and bonded third-party corporation contracted with by the state election audit board as provided under subsection (3) to conduct the audit required under this section.
