Bill Text: MI SB0308 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Elections: election officials; signature verification training for clerks and election inspectors; require, and require the secretary of state to promulgate rules regarding an objective signature verification process. Amends sec. 31 of 1954 PA 116 (MCL 168.31).
Spectrum: Partisan Bill (Republican 11-0)
Status: (Engrossed - Dead) 2021-11-10 - Referred To Committee On Elections And Ethics [SB0308 Detail]
Download: Michigan-2021-SB0308-Engrossed.html
Substitute For
SENATE BILL NO. 308
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 31 (MCL 168.31), as amended by 2012 PA 271.
the people of the state of michigan enact:
Sec. 31. (1) The secretary of state shall do all of the following:
(a) Subject to subsection (2), issue instructions and promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the conduct of elections and registrations in accordance with the laws of this state.
(b) Advise and direct local election officials as to the proper methods of conducting elections.
(c) Publish and furnish for the use in each election precinct before each state primary and election a manual of instructions that includes specific instructions on assisting voters in casting their ballots, directions on the location of voting stations in polling places, procedures and forms for processing challenges, and procedures on prohibiting campaigning in the polling places as prescribed in this act.
(d) Publish indexed pamphlet copies of the registration, primary, and election laws and furnish to the various county, city, township, and village clerks a sufficient number of copies for their own use and to enable them to include 1 copy with the election supplies furnished each precinct board of election inspectors under their respective jurisdictions. The secretary of state may furnish single copies of the publications to organizations or individuals who request the same for purposes of instruction or public reference.
(e) Prescribe and require uniform forms, notices, and supplies the secretary of state considers advisable for use in the conduct of elections and registrations.
(f) Prepare the form of ballot for any proposed amendment to the constitution or proposal under the initiative or referendum provision of the constitution to be submitted to the voters of this state.
(g) Require reports from the local election officials the secretary of state considers necessary.
(h) Investigate, or cause to be investigated by local authorities, the administration of election laws, and report violations of the election laws and regulations to the attorney general or prosecuting attorney, or both, for prosecution.
(i) Publish in the legislative manual the vote for governor and secretary of state by townships and wards and the vote for members of the state legislature cast at the preceding November election, which shall must be returned to the secretary of state by the county clerks on or before the first day of December following the election. All clerks shall furnish to the secretary of state, promptly and without compensation, any further information requested of them the clerks to be used in the compilation of the legislative manual.
(j) Establish a curriculum for comprehensive training and accreditation of all county, city, township, and village officials who are responsible for conducting elections.
(k) Establish a continuing election education program for all county, city, township, and village clerks.
(l) Establish and require attendance by all new appointed or elected election officials at an initial course of instruction within 6 months before the date of the election.
(m) Establish a comprehensive training curriculum for all precinct inspectors.
(n) Create an election day dispute resolution team that has regional representatives of the department of state, which team shall must appear on site, if necessary.
(o) Establish and require signature verification training for all county, city, and township clerks that complies with the rules promulgated by the secretary of state under subsection (3) for an objective signature verification process.
(2) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall promulgate rules establishing uniform standards for state and local nominating, recall, and ballot question petition signatures. The standards for petition signatures may include, but need not be limited to, standards for all of the following:
(a) Determining the validity of registration of a circulator or individual signing a petition.
(b) Determining the genuineness of the signature of a circulator or individual signing a petition, including digitized signatures.
(c) Proper designation of the place of registration of a circulator or individual signing a petition.
(3) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall promulgate rules establishing an objective signature verification process that is to be used in training all county, city, and township clerks as required under subsection (1)(o). In promulgating rules to establish an objective signature verification process, the secretary of state shall consult with appropriate handwriting experts. The objective signature verification process must be focused solely on the objective criteria clerks need in determining the genuineness of a signature submitted on an absent voter ballot application or absent voter ballot return envelope based on whether the submitted signature sufficiently agrees with the signature for that individual on the master card or the digitized signature for that individual contained in the qualified voter file. The objective signature verification process must not include any of the following:
(a) A presumption regarding the validity of any signature that is to be verified.
(b) Instructions or guidance to accept a signature as valid if the signature has any redeeming qualities.
(c) Instructions or guidance to consider hypothetical or circumstantial factors that may affect a signature in the absence of supporting information provided through contact with the voter or by other factual grounds.
