Bill Text: MI HB6001 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: other; methods to convey election night results; modify. Amends sec. 809 of 1954 PA 116 (MCL 168.809) & adds sec. 806b.
Spectrum: Partisan Bill (Democrat 31-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB6001 Detail]
Download: Michigan-2019-HB6001-Introduced.html
HOUSE BILL NO. 6001
July 23, 2020, Introduced by Reps. Haadsma,
Brixie, Hood, Cynthia Johnson, Brenda Carter, Liberati, Manoogian, Stone,
Wittenberg, Elder, Tyrone Carter, Coleman, Kuppa, Cambensy, Garza, Sowerby,
Cherry, Hertel, Peterson, Ellison, Camilleri, Witwer, Chirkun, Pagan,
Hammoud, Anthony, Lasinski, Rabhi, Byrd, Hope and Jones and referred to the
Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 809 (MCL 168.809), as amended by 2013 PA 51, and by adding section 806b.
the people of the state of michigan enact:
Sec. 806b. The board of election inspectors may transmit the statement of returns to the county clerk, or to their respective city or township clerks who shall transmit the statement of returns to the county clerk, after the polls close on election night by telephone or other electronic means. The county clerk shall tabulate the election results as they are received by telephone or other electronic means and make those results available to the public. As used in this section and section 809, "other electronic means" includes, but is not limited to, any of the following:
(a) Electronic mail.
(b) Facsimile.
(c) Modem.
Sec. 809. (1) The board of election inspectors shall seal 1 of the statement of returns and 1 of the tally sheets or the combined tally return sheet with a red state election seal in an envelope and shall address the envelope to the board of county canvassers, in care of the judge of probate or his or her designee. The board of election inspectors shall also seal 1 poll book and 1 tally sheet with a red state election seal in an envelope and shall address that envelope to the county clerk. Two members of the board of election inspectors, 1 from each major political party, shall deliver the sealed envelope envelopes and the ballot containers to a receiving board at the office of the clerk of the township or city immediately after closing the precinct on election night. Upon The poll book and statement of returns may be enclosed in a single sealed envelope when delivered to the receiving boards.
(2) If the board of election inspectors transmits the election results to the county clerk by telephone or other electronic means on election night, upon receipt of the sealed envelope or envelopes, the receiving board shall review all of the election materials and shall verify the secure sealing of the ballot containers. After reviewing the election materials from each precinct, the receiving board shall deposit the envelopes addressed to the board of county canvassers into a secure storage container or transfer case marked "board of county canvassers" and shall deposit the envelopes addressed to the county clerk into a separate secure storage container or transfer case marked "county clerk". Two members of the receiving board, 1 from each political party, shall sign 2 certificates entitled "election materials" for each secure storage container or transfer case used and shall designate on each signed certificate the seal number used to seal the secure storage container or transfer case. The 2 members of the receiving board shall place 1 of the signed certificates for each secure storage container or transfer case used in a plastic envelope and shall attach the signed certificate to the seal of each secure storage container or transfer case used. The 2 members of the receiving board shall secure each storage container or transfer case used with the approved seal. The 2 members of the receiving board shall deposit the duplicate signed certificate for each secure storage container or transfer case used with the clerk of the city or township. A record of the seal numbers used to secure each storage container or transfer case must be transmitted to the county clerk on election night. If the board of election inspectors does not or is unable to transmit the election results to the county clerk by telephone or other electronic means on election night, the city or township clerk may transmit the election results to the county clerk by telephone or other electronic means on election night. The township or city clerk shall immediately deliver the envelope to the person to whom addressed. secure each storage container or transfer case used overnight and shall deliver the storage container or transfer case marked "board of county canvassers" to the judge of probate or his or her designee and the storage container or transfer case marked "county clerk" to the county clerk by 11 a.m. on the day following the day of the election. The judge of probate or his or her designee shall deliver the sealed storage case or transfer envelope received by him or her to the board of county canvassers when it meets to canvass the returns.
(3) (2) The board of election inspectors shall seal the other statement of returns or combined tally and statement, together with the poll list, in an envelope addressed to the county clerk. The If the board of election inspectors or the city or township clerk does not transmit the election results to the county clerk by telephone or other electronic means on election night, the board of election inspectors shall deliver the sealed envelope or envelopes to the city or township receiving board for inspection in the office of the city or township clerk immediately upon completion of the count in the precinct. The city or township clerk shall immediately deliver the envelopes to the county clerk, who shall open the envelope addressed to the county clerk at that time, compile unofficial returns, and make the returns in the envelope available to the public. The office of the county clerk shall be open on election day for election purposes and shall remain open until the last returns have been received, and the clerk completes an unofficial tabulation, and the clerk transmits the unofficial tabulation to the bureau of elections.
(4) (3) If a local election to be canvassed by the board of county canvassers is not held in conjunction with a county or state election, the board of election inspectors shall deliver both sealed envelopes to the local clerk who shall secure all election materials used in the precinct on election day as provided in this chapter. The local clerk shall deliver both sealed envelopes to the county clerk before 11 a.m. on the day following the election. In a city or township election, in which the city or township consists of more than 5 precincts, held in conjunction with an election to be canvassed by the board of county canvassers, the board of election inspectors shall deliver the duplicate returns required by section 806 to the city or township clerk.
