Bill Text: MI HB6427 | 2019-2020 | 100th Legislature | Introduced

Michigan House Bill 6427 (Prior Session Legislation)

Introduced

Bill Title: Elections: other; public notice under the Michigan election law; revise to make reference to the local government public notice act. Amends secs. 498, 518, 539, 653a, 798 & 826 of 1954 PA 116 (MCL 168.498 et seq.).

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2020-11-18 - Bill Electronically Reproduced 11/18/2020 [HB6427 Detail]

Download: Michigan-2019-HB6427-Introduced.html

HOUSE BILL NO. 6427

November 12, 2020, Introduced by Reps. Bolden, Coleman and Steven Johnson and referred to the Committee on Government Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 498, 518, 539, 653a, 798, and 826 (MCL 168.498, 168.518, 168.539, 168.653a, 168.798, and 168.826), section 498 as amended by 2018 PA 603, section 653a as amended by 2005 PA 71, section 798 as amended by 1992 PA 8, and section 826 as amended by 2013 PA 51.

the people of the state of michigan enact:

Sec. 498. (1) In a township or city in which the clerk does

not maintain regular daily office hours, the township board or the legislative body of the city may require that the clerk of the township or city shall be at the clerk's office or other designated place for the purpose of receiving applications for registration on the days that the board or legislative body designates.

(2) The Before January 1, 2022, the clerk of each township or city shall give public notice of the days and hours that the clerk will be at the clerk's office or other designated place for the purpose of receiving registrations before an election or primary election by publication of the notice in a newspaper published or of general circulation in the township or city and, if considered advisable by the township or city clerk, by posting written or printed notices in at least 2 of the most conspicuous places in each election precinct. Beginning January 1, 2022, the clerk of each township or city shall give public notice of the days and hours that the clerk will be at the clerk's office or other designated place for the purpose of receiving registrations before an election or primary election by posting the notice as set forth in the local government public notice act, and, if considered advisable by the township or city clerk, by posting written or printed notices in at least 2 of the most conspicuous places in each election precinct. The publication or posting must be made not less than 30 days before election day. The notice of registration must include the offices to be filled that will appear on the ballot. If the notice of registration is for an election that includes a ballot proposal, a caption or brief description of the ballot proposal along with the location where an elector can obtain the full text of the ballot proposal must be stated in the notice.

(3) A county clerk may enter into an agreement with the clerk

of 1 or more townships or cities in the county or the clerks of 1 or more cities or townships in a county may enter into an agreement to jointly publish provide the notice required in subsection (2). The Before January 1, 2022, the notice must be published in a newspaper of general circulation in the cities and townships listed in the notice. Beginning January 1, 2022, the notice must be posted as set forth in the local government public notice act.

Sec. 518. (1) Whenever If a new township shall be is organized, the persons individuals designated to act as inspectors for the first election to be held therein shall in the township constitute a board of registration for the purpose of making the first registration of qualified electors therein. Said in the township. The board shall be is authorized to procure the necessary books or files and forms to conduct such the registration in accordance with the provisions of this act. Subsequent to After the election, the records shall must be delivered to the persons individual elected to the office of township clerk. of the township. At least 10 days' public notice shall be given of the time and place for holding the registration. Such notice shall be given by posting written or printed notices in at least 5 of the most conspicuous places in said township, city or village, or by publication in a newspaper of general circulation therein. Whenever If a new city is incorporated from the territory of a township, the registration records of the portion of the township incorporated as a city shall constitute the registration records of the newly incorporated city. Township registration records shall must be available and used in connection with the election on the adoption of the charter of any new city or village and for the first election of such the city's or village's officers.

(2) Whenever If any territory of a township is annexed to a city, the clerk of the township from which the territory was detached shall, not less than 5 days prior to before the effective date of the annexation, forward to the clerk of the city to which the territory was annexed all of the current registration records of the registered electors residing in the annexed territory. Such The records shall thereafter be become a part of the registration records of such the city and the electors whose registration records were so transferred shall be are registered electors of such the city.

(3) All such transfers of registration shall must be accompanied by a statement signed by the township clerk certifying that all of the current registrations of persons residing within the annexed or incorporated area according to his or her records are included. therein.

Sec. 539. If, upon the expiration of the time for filing petitions in any primary for city or county, it appears that there is no opposition to any candidate for any office upon any ticket, then the city or county clerk, as the case may be, applicable, shall certify to the board of election commissioners the names of all persons individuals whose petitions have been properly filed and the office for which such the petitions were filed, and such persons shall the individuals must be declared by such the board of election commissioners nominees for the respective offices, and such the county clerk shall forthwith notify the several clerks of the townships and cities interested, if any, and give notice that the primary will not be held as contemplated, giving the reasons therefor, and a for not holding the primary. Before January 1, 2022, a public notice shall must be given of such the determination

by a brief notice published by such the clerk in a newspaper circulated in such the county. Beginning January 1, 2022, public notice of the determination must be posted by the clerk as set forth in the local government public notice act.

Sec. 653a. (1) On receipt of the notice from the county clerk pursuant to section 652, the clerk of each city and township shall give notice of the time and place at which the election is to be held, the offices to be filled, and the proposals to be submitted to the voters. The Before January 1, 2022, the notice shall must be published in a newspaper published, or of general circulation, in the city or township. Beginning January 1, 2022, the notice must be posted as set forth in the local government public notice act. A caption or brief description of the proposal or proposals along with the location where an elector can obtain the full text of the proposal or proposals shall must be included in the notice. The publication shall or posting must be made not less than 7 days before the election. The notice shall must be in substantially the following form:

ELECTION NOTICE
To the qualified electors of the city or township ______________________________ notice is hereby given that a
____________________________________________________________
		(indicate whether regular, special, or primary)
election will be held in ___________________________________
on __________ from 7 a.m. to 8 p.m. for the purpose of
	(date)
nominating or electing candidates for the following offices:
____________________________________________________________
			(list of offices)

and to vote on the following proposals:
____________________________________________________________
	(list all proposals to be submitted to voters)
List of polling place locations: __________________________.
		_______________________
			(clerk)

(2) A county clerk may enter into an agreement with the clerk of 1 or more townships or cities in the county or the clerks of 1 or more cities or townships in a county may enter into an agreement to jointly publish or post the notice in subsection (1). The Before January 1, 2022, the notice shall must be published in a newspaper of general circulation in the cities and townships listed in the notice. Beginning January 1, 2022, the notice must be posted as set forth in the local government public notice act. If certain offices or proposals are to be voted on in less than all of the precincts, the notice shall must specify the townships or cities that shall vote on only those offices or proposals.

Sec. 798. (1) Before beginning the count of ballots, the board of election commissioners shall test the electronic tabulating equipment to determine if the electronic tabulating equipment will accurately count the votes cast for all offices and on all questions. Public Before January 1, 2022, public notice of the time and place of the test shall must be given at least 48 hours before the test by publication in a newspaper published in the county, city, village, township, or school district where the electronic tabulating equipment is used. If Before January 1, 2022, if a newspaper is not published in that county, city, village, township, or school district, the notice shall must be given by publication in a newspaper of general circulation in that county, city,

village, township, or school district. Beginning January 1, 2022, public notice of the time and place of the test must be posted at least 48 hours before the test as set forth in the local government public notice act. The test shall must be conducted in the manner prescribed by rules promulgated by the secretary of state pursuant to under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws. 1969 PA 306, MCL 24.201 to 24.328. In the test, a different number of valid votes shall must be assigned to each candidate for an office, and for and against each question. If an error is detected, the board of election commissioners shall determine the cause of the error and correct the error. The board of election commissioners shall make an errorless count and shall certify the errorless count before the count is started. The electronic tabulating equipment that can be used for a purpose other than examining and counting votes shall must pass the same test at the conclusion of the count before the election returns are approved as official.

(2) On completion of the test and count, the programs, test materials, and ballots arranged by precincts shall must be sealed and retained as provided by this subsection and rules promulgated by the secretary of state pursuant to Act No. 306 of the Public Acts of 1969. under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the electronic tabulating equipment that is tested and certified to by the board of election commissioners will be used to count votes at the precinct, a memory device containing the tested programs, if any, shall must be sealed into the electronic tabulating equipment. Upon completion and certification of the count of votes, the memory device containing

the program and the vote totals shall must remain sealed in the electronic tabulating equipment or, if removed from the electronic tabulating equipment, shall must remain sealed in a container approved by the secretary of state, delivered to the clerk, and retained in the manner provided for other voted ballots.

Sec. 826. (1) The board of county canvassers shall determine and declare the result of the election for county and local officers, and for all county and local ballot questions. If a state senatorial or representative district is located solely within 1 county, the board of county canvassers shall determine and declare the result of the election for that office. Upon making the determination under this subsection, the board of county canvassers shall prepare a certificate of determination and deliver the properly certified certificate of determination to the county clerk. If the determination relates to a state senatorial or representative district located solely within 1 county, the board of county canvassers shall also deliver the properly certified certificate of determination to the board of state canvassers.

(2) Upon receipt of a properly certified certificate of determination from a board of county canvassers under subsection (1), the county clerk shall file the certificate in his or her office. The Before January 1, 2022, the county clerk may have a statement of the total county or district votes cast for the various candidates and the total vote cast for and against the various ballot questions at the election to be published in at least 1 newspaper printed or circulated in that county. Beginning January 1, 2022, public notice of a statement of the total county or district votes cast for the various candidates and the total vote cast for and against the various ballot questions at the

election may be posted by the county clerk as set forth in the local government public notice act. The county clerk shall immediately execute and deliver to the persons declared elected , a properly certified certificate of election.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 6440 (request no. 02449'19) of the 100th Legislature is enacted into law.