Bill Text: MI HB5282 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; voting procedures; ranked choice voting by cities; provide for. Amends secs. 321, 576a, 580, 736b, 736c, 736d, 736e, 736f, 764 & 795 of 1954 PA 116 (MCL 168.321 et seq.) & adds secs. 640 & 736h. TIE BAR WITH: HB 5281'19
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2019-12-10 - Bill Electronically Reproduced 12/10/2019 [HB5282 Detail]
Download: Michigan-2019-HB5282-Introduced.html
HOUSE BILL NO. 5282
December 05, 2019, Introduced by Reps. Rabhi,
Hoadley, Warren, Cherry, Kennedy, Hood, Guerra, Camilleri and Hammoud and
referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 321, 576a, 580, 736b, 736c, 736d, 736e, 736f, 764, and 795 (MCL 168.321, 168.576a, 168.580, 168.736b, 168.736c, 168.736d, 168.736e, 168.736f, 168.764, and 168.795), section 321 as amended by 2018 PA 627, section 580 as amended by 1985 PA 160, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, sections 736f and 764 as added by 2012 PA 128, and section 795 as amended by 2018 PA 127, and by adding sections 640 and 736h.
the people of the state of michigan enact:
Sec. 321. (1) Except as provided in subsection (3) and sections 322, 327, 640, 641, 642, 644e, 644f, 644g, and 646a, the qualifications, nomination, election, appointment, term of office, and removal from office of a city officer must be in accordance with the charter provisions governing the city.
(2) Within 3 days after the last day on which a candidate for a city office may withdraw, the city clerk shall deliver to the county clerk of the county in which the city is located a list setting forth the name and address of each candidate for a city office.
(3) If the membership of the legislative body of a city governed by the home rule city act, 1909 PA 279, MCL 117.1 to 117.38, is reduced to less than a quorum, unless another method of appointing members of the legislative body is provided by the city charter, members of the legislative body are appointed as provided in this subsection. The board of county election commissioners of the county in which the largest portion of the population of the city resides shall appoint the number of members of the legislative body required to constitute a quorum for the transaction of business by the legislative body. A member of the legislative body appointed under this subsection shall hold the office only until the member's successor is elected and qualified. The successor shall must be elected at a special or regular election on the next regular election date that is not less than 60 days after the appointment is made. The successor shall serve for the balance of the unexpired term. A member who is appointed under this subsection shall not vote on the appointment of himself or herself to an elective or appointive city office.
(4) Notwithstanding another provision of law or charter to the contrary, an appointment to an elective or appointive city office made by a quorum constituted by appointments under this section expires upon the election and qualification of a sufficient number of members of the legislative body so that the elected members constitute a quorum.
Sec. 576a. In Except as otherwise provided in section 640 for ranked choice voting, in all partisan and nonpartisan primary elections, the voter shall be is entitled to vote for a number of candidates for each office equal to the number of persons individuals to be elected for that office.
Sec. 580. In Except as otherwise provided in section 640 for ranked choice voting, in counting the ballots after the closing of the polls, only those candidates having crosses or check marks marked in the squares the oval or box completely darkened next to the left of their names shall be are considered to have received votes, and any ballot upon which more votes have been recorded for candidates for any office than may, by law, be elected to that office shall must be rejected as to all names appearing on the ballot for that office only.
Sec. 640. (1) If a city authorizes in its charter the use of ranked choice voting for the election of city officers, the ranked choice voting must be conducted in accordance with the city charter as provided in this section.
(2) The ballot used at an election with ranked choice voting must allow an elector to rank a number of choices in order of preference equal to the total number of candidates for each office. However, if the voting system used by a city at the election cannot accommodate choices equal to the total number of candidates running for each office, the city clerk shall follow the procedures governing ranked choice voting that are provided for in the city charter. In addition, the ballot used must allow an elector to cast a vote for a write-in candidate.
(3) If a candidate receives a majority of the first choices, that candidate must be declared elected. Subject to subsections (4) and (5), if no candidate receives a majority of the votes, the candidate who received the fewest number of first choices must be eliminated and each vote cast for that candidate must be transferred to the next ranked candidate on the elector's ballot. If after this transfer of votes any candidate has a majority of the votes from the continuing ballots, that candidate must be declared elected. Subject to subsection (4), if no candidate receives a majority of the votes from the continuing ballots after a candidate has been eliminated and his or her votes have been transferred to the next ranked candidate, the continuing candidate with the fewest votes from the continuing ballots must be eliminated. Subject to subsection (5), all votes for that candidate must be transferred to the next ranked continuing candidate on each elector's ballot. This process of eliminating candidates and transferring their votes to the next ranked continuing candidates must be repeated until, except as otherwise provided in subsection (6), a candidate receives a majority of the votes from the continuing ballots. The ranked choice voting process is complete if no additional choices can be eliminated or there are no further choices indicated on the ballot.
(4) If the total number of votes of the 2 or more candidates credited with the lowest number of votes is less than the number of votes credited to the candidate with the next highest number of votes, those candidates with the lowest number of votes must be eliminated simultaneously and their votes transferred to the next ranked continuing candidate of each ballot in a single counting operation.
(5) If an elector skips a rank, the elector's vote must be transferred to the elector's next ranked choice.
(6) If after the ranked choice voting process described in subsection (3) is complete and the ranked choice ballot gives equal rank to 2 or more candidates, the tie must be resolved as provided in section 851.
(7) If a city authorizes in its charter the use of ranked choice voting for the election of city officers, the city clerk shall conduct a voter education campaign to familiarize electors in that city with the ranked choice voting method.
(8) If a city authorizes in its charter the use of ranked choice voting for the election of city officers, the city is responsible for any costs associated with the certification and testing of the voting system used by that city for ranked choice voting.
(9) Any voting system used by a city for ranked choice voting must be able to tally and tabulate the results and must not require anyone to perform any calculations or distribute any votes among the candidates.
Sec. 736b. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a primary election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
PRIMARY ELECTION
TO VOTE:
Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE:
Completely darken the box opposite each choice
as shown: [insert graphic
here].
IMPORTANT:
To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
PARTISAN SECTION: There may be multiple party sections on the
ballot. Select the party
section of your choice. YOU MAY VOTE
IN ONE PARTY SECTION ONLY; YOU CANNOT "SPLIT YOUR TICKET." IF
YOU VOTE IN MORE THAN ONE PARTY SECTION, YOUR PARTISAN
BALLOT
WILL BE REJECTED. DO NOT vote for more candidates than
indicated under each office
title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot,
write or place the name of that
candidate in the blank
space provided and completely darken
the voting target area.
Do not cast a write-in vote for a
candidate whose name is
already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the
reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that
votes cannot be seen and the numbered
stub is visible. Return
the ballot to the election official
stationed at the
tabulator. (If voting by absentee ballot,
follow the instructions
provided by the clerk for returning
the ballot.)
NOTE: If you
make a mistake, return your ballot to the
election official and
obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736c. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a general election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
GENERAL
ELECTION
TO VOTE: Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box opposite each choice as
shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY
OTHER INK COLOR!
PARTISAN SECTION: To vote the partisan section of the ballot,
you may cast a "mixed ticket."
Mixed Ticket: Vote for the individual candidates of your
choice in each office.
NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must
be voted separately.
DO NOT vote for more candidates than indicated under each
office title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot, write or place the name of that
candidate in the blank space provided and completely darken
the voting target area. Do not cast a write-in vote for a
candidate whose name is already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736d. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a nonpartisan election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
NONPARTISAN ELECTION
TO VOTE:
Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE:
Completely darken the box opposite each choice as
shown: [insert graphic
here].
IMPORTANT:
To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
DO NOT vote
for more candidates than indicated under each
office title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot,
write or place the name of that
candidate in the blank
space provided and completely darken
the voting target area.
Do not cast a write-in vote for a
candidate whose name is
already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the
reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that
votes cannot be seen and the numbered
stub is visible. Return
the ballot to the election official
stationed at the
tabulator. (If voting by absentee ballot,
follow the instructions
provided by the clerk for returning
the ballot.)
NOTE: If you
make a mistake, return your ballot to the
election official and
obtain a new ballot. Do not attempt to
erase or correct any
marks made in error.
Sec. 736e. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a special election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
SPECIAL ELECTION
TO VOTE: Completely darken the oval
opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box
opposite each choice
as shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return
your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736f. The ballot marking instructions as provided in sections 736b, 736c, 736d, 736e, 736h, and 764, are the only written ballot marking instructions that shall be provided to an elector.
Sec. 736h. (1) The city clerk shall issue ballot marking instructions to be used by a city at an election involving ranked choice voting.
(2) Each ballot secrecy sleeve used at an election involving ranked choice voting must either contain the ballot marking instructions issued by the city clerk printed on the front of the ballot secrecy sleeve or have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the ballot marking instructions issued by the city clerk.
Sec. 764. In addition to the instructions provided to an absent voter under section 764a, the following ballot marking instructions for an absent voter concerning the method of voting shall must be included with each absent voter ballot furnished an absent voter:
(a) For a primary election, the ballot marking instructions as provided in section 736b.
(b) For a general election, the ballot marking instructions as provided in section 736c.
(c) For a nonpartisan election, the ballot marking instructions as provided in section 736d.
(d) For a special election, the ballot marking instructions as provided in section 736e.
(e) For an election involving ranked choice voting, the ballot marking instructions as provided in section 736h.
Sec. 795. (1) An electronic voting system acquired or used under sections 794 to 799a must meet all of the following requirements:
(a) Provide for voting in secrecy, except in the case of voters who receive assistance as provided by this act.
(b) Utilize a paper ballot for tabulating purposes.
(c) Permit each elector to vote at an election for all persons and offices for whom and for which the elector is lawfully entitled to vote; to vote for as many persons for an office as the elector is entitled to vote for; and to vote for or against any question upon which the elector is entitled to vote. Except as otherwise provided in this subdivision and section 640, the electronic tabulating equipment must reject all choices recorded on the elector's ballot for an office or a question if the number of choices exceeds the number that the elector is entitled to vote for on that office or question. Electronic Except as otherwise provided in section 640 for ranked choice voting, electronic tabulating equipment that can detect that the choices recorded on an elector's ballot for an office or a question exceeds the number that the elector is entitled to vote for on that office or question must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.
(d) Permit an elector, at a presidential election, by a single selection to vote for the candidates of a party for president, vice-president, vice president, and presidential electors.
(e) Permit an elector in a primary election to vote for the candidates in the party primary of the elector's choice. Except as otherwise provided in this subdivision, the electronic tabulating equipment must reject each ballot on which votes are cast for candidates of more than 1 political party. Electronic tabulating equipment that can detect that the elector has voted for candidates of more than 1 political party must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.
(f) Prevent an elector from voting for the same person individual more than once for the same office.
(g) Reject a ballot on which no valid vote is cast. Electronic tabulating equipment must be programmed to reject a ballot on which no valid vote is cast.
(h) Be suitably designed for the purpose used; be durably constructed; and be designed to provide for safety, accuracy, and efficiency.
(i) Be designed to accommodate the needs of an elderly voter or a person an individual with 1 or more disabilities.
(j) Record correctly and count accurately each vote properly cast.
(k) Provide an audit trail.
(l) Provide an acceptable method for an elector to vote for a person an individual whose name does not appear on the ballot.
(m) Allow for accumulation of vote totals from the precincts in the jurisdiction. The accumulation software must meet specifications prescribed by the secretary of state and must be certified by the secretary of state as meeting these specifications.
(n) Be compatible with or include at least 1 voting device that is accessible for an individual with disabilities to vote in a manner that provides the same opportunity for access and participation, including secrecy and independence, as provided for other voters. The voting device must include nonvisual accessibility for the blind and visually impaired.
(2) Electronic tabulating equipment that counts votes at the precinct before the close of the polls must provide a method for rendering the equipment inoperable if vote totals are revealed before the close of the polls. Electronic Except as otherwise provided in section 640 for ranked choice voting, electronic tabulating equipment that tabulates ballots, including absentee ballots, at a central location must be programmed to reject a ballot if the choices recorded on an elector's ballot for an office or a question exceed the number that the elector is entitled to vote for on that office or question, if no valid choices are recorded on an elector's ballot, or if, in a primary election, votes are recorded for candidates of more than 1 political party.
(3) Each jurisdiction in this state conducting an election shall equip each polling place with at least 1 accessible voting device as required under subsection (1)(n).
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5281 (request no. 03030'19) of the 100th Legislature is enacted 5281into law.
