Bill Text: MI SB0294 | 2021-2022 | 101st Legislature | Introduced


Bill Title: Elections: election officials; report regarding the appointment of an equal number of election inspectors from each major political party in each precinct; require under certain circumstances. Amends sec. 674 of 1954 PA 116 (MCL 168.674).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2021-03-24 - Referred To Committee On Elections [SB0294 Detail]

Download: Michigan-2021-SB0294-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL NO. 294

March 24, 2021, Introduced by Senators OUTMAN, LASATA, HORN, THEIS, STAMAS, ZORN, BIZON and BARRETT and referred to the Committee on Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 674 (MCL 168.674), as amended by 2018 PA 120.

the people of the state of michigan enact:

Sec. 674. (1) Notwithstanding any other provision of law to the contrary and subject to this section, the city and township board of election commissioners, at least 21 days but not more than 40 days before each election, but in no case less than 5 days before the date set for holding schools of instruction, shall appoint for each election precinct at least 3 election inspectors and as many more as in its opinion is required for the efficient, speedy, and proper conduct of the election. The board of election commissioners may appoint as election inspector an individual on the list submitted by a major political party under section 673a who is qualified to serve under section 677. An appointment of an election inspector under this section is void if a properly completed application for that election inspector is not on file in the clerk's office as prescribed in section 677.

(2) The board of election commissioners shall designate 1 appointed election inspector as chairperson. The Subject to this subsection and subsection (6), the board of election commissioners shall appoint at least 1 election inspector from each major political party and shall appoint an equal number, as nearly as possible, of election inspectors in each election precinct from each major political party. However, the board of election commissioners must not appoint more than 2 election inspectors from a major political party for every 1 election inspector appointed from the other major political party for any election precinct in that city or township. The board of election commissioners may appoint election inspectors in an election precinct from minor political parties. Not later than 2 business days following the appointment of election inspectors under subsection (1) for elections in which a federal or state office appears, the board of election commissioners shall notify by certified mail, personal service, or electronic transmission capable of determining date of receipt the county chair of each major political party of the names and political party affiliations of appointed election inspectors and the precincts to which those election inspectors were appointed. A board of election commissioners shall not appoint a person an individual as an election inspector if that person individual declares a political party preference for 1 political party but is a known active advocate of another political party. As used in this section, "a known active advocate" means a person an individual who meets 1 or more of the following:

(a) Is a delegate to the convention or an officer of that other political party.

(b) Is affiliated with that political party through an elected or appointed government position.

(c) Has made documented public statements specifically supporting by name the other political party or its candidates in the same calendar year as the election for which the appointment is being made. As used in this subdivision, "documented public statements" means statements reported by the news media or written statements with a clear and unambiguous attribution to the applicant.

(3) The county chair of a major political party may challenge the appointment of an election inspector based upon on the qualifications of the election inspector, the legitimacy of the election inspector's political party affiliation, or whether there is a properly completed declaration of political party affiliation in the application for that election inspector on file in the clerk's office. The challenge must be in writing, specifically identify the reason for the challenge, and include any available documentation supporting the challenge. The county chair of the political party shall file a challenge under this subsection with the board of election commissioners not later than 4 business days following receipt of the board of election commissioners' notice of appointed election inspectors under subsection (2).

(4) Upon receipt of a challenge under subsection (3), the board of election commissioners shall determine whether the appointee has the necessary qualifications by reviewing the application or any other official records, such as voter registration records, or whether the applicant has a properly completed certification of political party affiliation in the application. If the challenge alleges that the appointee is a known active advocate of a political party other than the one on the appointee's application, the board of election commissioners immediately shall provide the appointee with a copy of the challenge by certified mail, personal service, or electronic transmission capable of determining date of receipt. The appointee may respond to the challenge within 2 business days after receiving a copy of the challenge. A response must be by affidavit addressing the specific reasons for the challenge. Failure to respond results in revocation of the appointment. Within 2 business days after receiving the challenge or a response from the appointee, whichever is later, the board of election commissioners shall make a final determination and notify the appointee and the county chair of the political party of the determination.

(5) If a vacancy occurs in the office of chairperson or in the office of election inspector before election day, the chairperson of the board of election commissioners shall designate some other properly qualified applicant or election inspector as chairperson or some other qualified applicant as election inspector, as applicable, subject to this section. If a vacancy occurs in the office of chairperson on election day, the remaining election inspectors shall designate 1 of the election inspectors as chairperson.

(6) If a city or township board of election commissioners is not able to appoint an equal number of election inspectors from each major political party in each election precinct in that city or township, the clerk of that city or township must submit a report to the secretary of state not more than 10 days after the election detailing all of the efforts the city or township made to appoint an equal number of election inspectors from each major political party in each election precinct in that city or township.

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