Bill Text: MI HB5644 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Elections: voting procedures; ranked choice voting by cities; provide for. Amends secs. 736b, 736c, 736d, 736e, 736f, 764 & 795 of 1954 PA 116 (MCL 168.736b et seq.) & adds sec. 736h. TIE BAR WITH: HB 5645'21, HB 5646'21

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced) 2021-12-15 - Bill Electronically Reproduced 12/14/2021 [HB5644 Detail]

Download: Michigan-2021-HB5644-Introduced.html

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 5644

December 14, 2021, Introduced by Reps. Thanedar, Aiyash, Weiss, Young, Cavanagh, Hood, Scott, Cynthia Johnson, Brabec, Camilleri, Puri and Jones and referred to the Committee on Elections and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 736b, 736c, 736d, 736e, 736f, 764, and 795 (MCL 168.736b, 168.736c, 168.736d, 168.736e, 168.736f, 168.764, and 168.795), 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 section 736h.

the people of the state of michigan enact:

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 individuals and offices for whom and for which the elector is lawfully entitled to vote; to vote for as many persons individuals 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, 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 all of the following bills of the 101st Legislature are enacted into law:

(a) Senate Bill No.____ or House Bill No. 5645 (request no. 01745'21 *).

(b) Senate Bill No.____ or House Bill No. 5646 (request no. 01767'21 *).

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