Bill Text: MI HB5644 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Elections; absent voters; procedure to "spoil" an absent voter ballot; provide for, and require use of paper ballots for tabulation. Amends secs. 765 & 795 of 1954 PA 116 (MCL 168.765 & 168.795) & adds sec. 765b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-05-03 - Assigned Pa 127'18 With Immediate Effect [HB5644 Detail]
Download: Michigan-2017-HB5644-Engrossed.html
HB-5644, As Passed House, March 15, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5644
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 765 and 795 (MCL 168.765 and 168.795), section
765 as amended by 1996 PA 207 and section 795 as amended by 2004 PA
92, and by adding section 765a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 765. (1) A clerk who receives an absent voter ballot
return envelope containing the marked ballots of an absent voter
shall not open that envelope before delivering the envelope to the
board of election inspectors as provided in this section. The city
,
village, or township clerk shall
safely keep in his or her office
until election day any absent voter ballot return envelopes
received by the clerk before election day containing the marked
ballots of an absent voter.
(2) Before the opening of the polls on election day or as soon
after the opening of the polls as possible, the clerk shall deliver
the absent voter ballot return envelopes to the chairperson or
other member of the board of election inspectors in the absent
voter's precinct, together with the signed absent voter ballot
applications received by the clerk from any voters of that precinct
and the clerk's list or record kept relative to those absent
voters.
However, if higher numbered ballots are used pursuant to
under section 717, the clerk shall retain the applications and
lists in his or her office and shall keep the applications and
lists open to public inspection at all reasonable hours. Absent
voter ballots must not be tabulated before the opening of the polls
on election day.
(3)
The city , village, or
township clerk, or authorized
designee of the clerk, shall call for and receive absent voter
ballots
from the post office at which the city
, village, or
township
clerk regularly receives mail addressed to the city ,
village,
or township clerk on election day
in sufficient time to
deliver any envelopes containing absent voter ballots to the board
of election inspectors before the close of the polls.
(4) If a marked absent voter ballot is received by the clerk
after the close of the polls, the clerk shall plainly mark the
envelope with the time and date of receipt and shall file the
envelope in his or her office. Except as otherwise provided in
section 759b, the clerk shall not deliver an absent voter ballot to
a voter after the opening of the polls on election day.
(5) On or before 8 a.m. on election day, the clerk shall post
in the clerk's office or otherwise make public the number of absent
voter ballots the clerk distributed to absent voters and the number
of absent voter ballot return envelopes containing the marked
ballots of absent voters received by the clerk before election day
and delivered to the board of election inspectors or the absent
voter
counting boards pursuant to under
this act. On or before 9
p.m. on election day, the clerk shall post in the clerk's office or
otherwise make public the number of absent voter ballot return
envelopes containing the marked ballots of absent voters received
by the clerk on election day and delivered to the board of election
inspectors
pursuant to under subsection (3), along with the total
number of absent voter ballot return envelopes containing the
marked ballots of absent voters received by the clerk both before
and on election day and delivered to the board of election
inspectors
or the absent voter counting boards pursuant to under
this
act. As soon as possible after all precincts in the city , or
township ,
or village are processed, the clerk
shall post in the
clerk's office or otherwise make public the number of absent voter
ballot return envelopes containing the marked ballots of absent
voters received by the election inspectors at the precincts on
election day, along with the total number of absent voter ballot
return envelopes containing the marked ballots of absent voters
received
in the city , or
township , or village for that election.
This subsection applies only to elections in which a federal or
state office appears on the ballot.
Sec. 765a. (1) Not later than 2 p.m. on the Saturday
immediately before an election, an elector may submit a signed,
written statement to his or her city or township clerk requesting
that the clerk do both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(2) Upon receipt of a signed, written statement from an
elector as described in subsection (1), the city or township clerk
shall mark the absent voter ballot return envelope of that elector
as "spoiled" and retain the envelope. In addition, the city or
township clerk shall provide or mail a new absent voter ballot to
that elector.
(3) An elector who has returned an absent voter ballot may,
before 4 p.m. on the day before an election except Sunday or a
legal holiday, appear in person at his or her city or township
clerk's office to do both of the following:
(a) Spoil his or her absent voter ballot by submitting a
signed, written statement to the city or township clerk indicating
that the elector wishes to have his or her absent voter ballot
spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(4) Upon receipt of the signed, written statement from an
elector as described in subsection (3)(a), the city or township
clerk shall mark the absent voter ballot return envelope of that
elector as "spoiled" and retain the envelope. In addition, the city
or township clerk shall issue the elector a new absent voter ballot
that must be voted by the elector in the clerk's office.
(5) Not later than 2 p.m. on the Saturday immediately before
an election, an elector who has lost his or her absent voter ballot
or not yet received his or her absent voter ballot in the mail may
submit a signed, written statement to his or her city or township
clerk requesting that the clerk do both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(6) Upon receipt of a signed, written statement from an
elector as described in subsection (5), the city or township clerk
shall indicate in the qualified voter file that the original ballot
is spoiled. In addition, the city or township clerk shall provide
or mail a new absent voter ballot to that elector.
(7) An elector who has lost his or her absent voter ballot or
not yet received his or her absent voter ballot in the mail may,
before 4 p.m. on the day before an election except Sunday or a
legal holiday, appear in person at his or her city or township
clerk's office to do both of the following:
(a) Spoil his or her absent voter ballot by submitting a
signed, written statement to the city or township clerk indicating
that the elector wishes to have his or her absent voter ballot
spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(8) Upon receipt of the signed, written statement from an
elector described in subsection (7)(a), the city or township clerk
shall indicate in the qualified voter file that the original ballot
is spoiled. In addition, the city or township clerk shall issue the
elector a new absent voter ballot that must be voted by the elector
in the clerk's office.
Sec. 795. (1) An electronic voting system acquired or used
under
sections 794 to 799a shall 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) (b)
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, the electronic tabulating
equipment
shall 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 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 shall 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 shall must be given the
opportunity
to have that ballot considered a spoiled ballot and to vote another
ballot.
(d) (c)
Permit an elector, at a
presidential election, by a
single selection to vote for the candidates of a party for
president, vice-president, and presidential electors.
(e) (d)
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 shall 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 shall 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 shall must be given the
opportunity to have that ballot considered a spoiled ballot and to
vote another ballot.
(f) (e)
Prevent an elector from voting for
the same person
more than once for the same office.
(g) (f)
Reject a ballot on which no valid
vote is cast.
Electronic
tabulating equipment shall must
be programmed to reject
a ballot on which no valid vote is cast.
(h) (g)
Be suitably designed for the
purpose used; be durably
constructed; and be designed to provide for safety, accuracy, and
efficiency.
(i) (h)
Be designed to accommodate the
needs of an elderly
voter or a person with 1 or more disabilities.
(j) (i)
Record correctly and count
accurately each vote
properly cast.
(k) (j)
Provide an audit trail.
(l) (k)
Provide an acceptable method for an
elector to vote
for a person whose name does not appear on the ballot.
(m) (l) 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) (m)
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 shall 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 shall must provide a method
for rendering the equipment inoperable if vote totals are revealed
before the close of the polls. Electronic tabulating equipment that
tabulates ballots, including absentee ballots, at a central
location
shall 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)
Beginning January 1, 2006, each 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)(m).(1)(n).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
