Bill Text: MI HB6048 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Elections; voting procedures; straight-ticket voting; eliminate. Amends secs. 795c, 803 & 804 of 1954 PA 116 (MCL 168.795c et seq.). TIE BAR WITH: HB 6049'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-29 - Printed Bill Filed 11/29/2012 [HB6048 Detail]
Download: Michigan-2011-HB6048-Introduced.html
HOUSE BILL No. 6048
November 28, 2012, Introduced by Rep. Knollenberg and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 795c, 803, and 804 (MCL 168.795c, 168.803, and
168.804), section 795c as amended by 1990 PA 109 and section 803 as
amended by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 795c. The different parts of the ballot, such as
partisan, nonpartisan, and questions, shall be prominently
indicated on the ballot label, and, if practicable, each part may
be placed on a separate page, column, or display. If 2 or more
elections are held on the same day, the ballot label shall be
clearly
marked to indicate the ballot for each election. In
partisan
elections the ballot label shall include a position by
which
the voter may by a single selection record a straight party
ticket
vote for all the candidates of 1 party. The voter may vote a
split
or mixed ticket.
Sec. 803. (1) Except as otherwise provided in this act, the
following rules govern the counting and recounting of votes:
(a) If it is clearly evident from an examination of a ballot
that the ballot has been mutilated for the purpose of
distinguishing it or that there has been placed on the ballot some
mark, printing, or writing for the purpose of distinguishing it,
then that ballot is void and shall not be counted.
(b) A cross, the intersection of which is within or on the
line of the proper circle or square, or a check mark, the angle of
which is within a circle or square, is valid. Crosses or check
marks otherwise located on the ballot are void.
(c) Marks other than crosses or check marks used to designate
the intention of the voter shall not be counted.
(d) A cross is valid even though 1 or both lines of the cross
are duplicated, if the lines intersect within or on the line of the
square or circle.
(e) Two lines meeting within or on the line of the square or
circle, although not crossing each other, are valid if it is
apparent that the voter intended to make a cross.
(f) A failure to properly mark a ballot as to 1 or more
candidates does not alone invalidate the entire ballot if the
ballot has been properly marked as to other candidates, unless the
improper marking is determined to be a distinguishing mark as
described in this subsection.
(g) Erasures and corrections on a ballot made by the elector
in a manner frequently used for this purpose shall not be
considered distinguishing marks or mutilations.
(h)
Any A ballot or part of a ballot from which it is
impossible to determine the elector's choice of candidate is void
as to the candidate or candidates affected by that determination.
(i)
Any votes A vote cast for a deceased candidate are is void
and
shall not be counted, except that votes a vote cast for a
candidate for governor who has died, and for whom a replacement has
not been made, shall be counted for the candidate for lieutenant
governor of that party.
(j)
All ballots A ballot cast that are is not counted shall be
marked by the inspector "not counted", kept separate from the
others by being tied or held in 1 package, and placed in the ballot
box with the counted ballots.
(k)
A vote shall not be counted for any a candidate unless a
cross
or a check mark has been placed by the voter in the circle at
the
head of the party ticket, if any, on which the name of the
candidate
has been printed, written, or placed or unless a cross or
a check mark has been placed by the voter in the square before the
space in which the name of the candidate has been printed, written,
or placed.
(2) If an electronic voting system requires that the elector
place a mark in a predefined area on the ballot in order to cast a
vote, the vote shall not be considered valid unless there is a mark
within the predefined area. A stray mark made within a predefined
area is not a valid vote. In determining whether a mark within a
predefined area is a stray mark, the board of canvassers or
election official shall compare the mark with other marks appearing
on the ballot. The secretary of state shall issue instructions,
subject to the approval of the board of state canvassers, relevant
to stray marks to ensure the fairness and uniformity of
determinations made under this subsection. A secretary of state's
instruction relevant to stray marks shall not be applied to a
ballot unless the secretary of state issued the instruction not
less than 63 days before the date of the election.
Sec. 804. In the canvass of votes cast for candidates for
public
office, the board shall first select and count the straight
tickets
and shall cause to be credited on the tally sheets the
number
to each candidate voted for on a straight ticket. All other
ballots
shall be counted and tallied count
and tally each ballot in
such
the manner as will best insure ensure accuracy
and promptness
in
determining the result. , and the The inspectors of election
shall see that proper credit is given on the tally sheets to the
candidates
voted for on such the ballots. All computations and
tallies
shall be made upon the tally sheets used at such the
election.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6049(request no.
01117'11) of the 96th Legislature is enacted into law.
