Bill Text: MI SB0948 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: voting equipment; standards for electronic voting systems; modify, and modify maintenance of electronic voting system source codes. Amends secs. 795, 795a & 797c of 1954 PA 116 (MCL 168.795 et seq.).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-06-26 - Referred To Committee On Elections And Ethics [SB0948 Detail]
Download: Michigan-2023-SB0948-Introduced.html
SENATE BILL NO. 948
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 795, 795a, and 797c (MCL 168.795, 168.795a, and 168.797c), section 795 as amended by 2018 PA 127, section 795a as amended by 1998 PA 215, and section 797c as amended by 1990 PA 109.
the people of the state of michigan enact:
Sec. 795. (1) An Subject to subsection (2), an electronic voting system acquired or used under sections 794 to 799a must meet all of the following requirements:
(a) Provide for voting in secrecy, except in the case of voters who receive assistance as provided by this act.
(b) Utilize a paper ballot for tabulating purposes.
(c) Permit each elector to vote at an election for all persons individuals and offices for whom and for which the elector is lawfully entitled to vote; to vote for as many persons individuals for an office as the elector is entitled to vote for; and to vote for or against any question upon on which the elector is entitled to vote. Except as otherwise provided in this subdivision, the electronic tabulating equipment must reject all choices recorded on the elector's ballot for an office or a question if the number of choices exceeds the number that the elector is entitled to vote for on that office or question. Electronic tabulating equipment that can detect that the choices recorded on an elector's ballot for an office or a question exceeds the number that the elector is entitled to vote for on that office or question must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.
(d) Permit an elector, at a presidential election, by a single selection to vote for the candidates of a party for president, vice-president, President, Vice President, and presidential electors.
(e) Permit an elector in a primary election to vote for the candidates in the party primary of the elector's choice. Except as otherwise provided in this subdivision, the electronic tabulating equipment must reject each ballot on which votes are cast for candidates of more than 1 political party. Electronic tabulating equipment that can detect that the elector has voted for candidates of more than 1 political party must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.
(f) Prevent an elector from voting for the same person individual more than once for the same office.
(g) Reject a ballot on which no valid vote is cast. Electronic tabulating equipment must be programmed to reject a ballot on which no valid vote is cast.
(h) Be suitably designed for the purpose used; be durably constructed; and be designed to provide for safety, accuracy, and efficiency.
(i) Be designed to accommodate the needs of an elderly voter or a person an individual with 1 or more disabilities.
(j) Record correctly and count accurately each vote properly cast.
(k) Provide an audit trail.
(l) Provide an acceptable method for an elector to vote for a person an individual whose name does not appear on the ballot.
(m) Allow for accumulation of vote totals from the precincts in the jurisdiction. The accumulation software must meet specifications prescribed by the secretary of state and must be certified by the secretary of state as meeting these specifications.
(n) Be compatible with or include at least 1 voting device that is accessible for an individual with disabilities to vote in a manner that provides the same opportunity for access and participation, including secrecy and independence, as provided for other voters. The voting device must include nonvisual accessibility for the blind and visually impaired.
(o) Except as otherwise provided in this subdivision, meet or exceed the Voluntary Voting System Guidelines Version 2.0 adopted by the United States Election Assistance Commission regarding cybersecurity. This subdivision does not apply if the Voluntary Voting System Guidelines Version 2.0 are no longer used by the United States Election Assistance Commission.
(2) All parts of an electronic voting system acquired on or after the effective date of the amendatory act that added subsection (1)(o) must be manufactured in the United States.
(3) (2) Electronic tabulating equipment that counts votes at the precinct before the close of the polls must provide a method for rendering the equipment inoperable if vote totals are revealed before the close of the polls. Electronic tabulating equipment that tabulates ballots, including absentee ballots, at a central location must be programmed to reject a ballot if the choices recorded on an elector's ballot for an office or a question exceed the number that the elector is entitled to vote for on that office or question, if no valid choices are recorded on an elector's ballot, or if, in a primary election, votes are recorded for candidates of more than 1 political party.
(4) (3) Each jurisdiction in this state conducting an election shall equip each polling place with at least 1 accessible voting device as required under subsection (1)(n).
Sec. 795a. (1) An Subject to subsection (10), an electronic voting system shall must not be used in an election unless it is approved by the board of state canvassers as meeting the requirements of sections 794 and 795 and instructions regarding recounts of ballots cast on that electronic voting system that have been issued by the secretary of state, unless section 797c has been complied with, and unless it meets 1 of the following conditions:
(a) Is certified by an independent testing authority accredited by the national association National Association of state election directors State Election Directors and by the board of state canvassers.
(b) In the absence of an accredited independent testing authority, is certified by the manufacturer of the voting system as meeting or exceeding the performance and test standards referenced in subdivision (a) in a manner prescribed by the board of state canvassers.
(2) The vendor or representative seeking approval of an electronic voting system shall must do all of the following:
(a) Deposit with the secretary of state a nonrefundable application fee of $1,500.00 for a new electronic voting system and a fee of $500.00 for an upgrade to any existing electronic voting system.
(b) File with the secretary of state a list of all states in which the electronic voting system has been approved for use. This list shall must state how long the electronic voting system has been used in the state and shall must disclose any reports compiled by any state or local government concerning the performance of the electronic voting system. The vendor shall remain remains responsible for filing this information on an ongoing basis.
(c) File with the secretary of state copies of all standard contracts and maintenance agreements used in connection with the sale of the electronic voting system. All changes to standard contracts and maintenance agreements shall must be filed with the secretary of state.
(d) Pay the cost for any field test required by the board of state canvassers.
(e) State the number of voters each component of the electronic voting system can process per hour under each of the following circumstances:
(i) An election in which there are 10 or fewer items to be voted on the ballot by each voter.
(ii) An election in which the ballot consists of the number of items typically voted on at a presidential general election in this state.
(3) The board of state canvassers shall conduct a field test of all new electronic voting systems as part of the certification process. The field test shall must involve Michigan electors of this state and election officials in simulated election day conditions. The test shall must be designed to gauge voter reaction to the electronic voting system, problems that voters have with the electronic voting system, and the number of voting stations required for the efficient operation of an election based upon on the vendor's statement provided under subsection (2)(e).
(4) The Subject to subsection (10), the board of state canvassers shall approve an electronic voting system for use in this state only if it meets the conditions of subsection (1) except that in an emergency situation that threatens the ability of a county, city, or township to conduct a scheduled election, the board of state canvassers may approve a correction of software or firmware after testing the software or firmware performance.
(5) If an electronic voting system is approved for use before January 1, 1997 by the board of state canvassers, it may be used in an election. However, if the electronic voting system has its software or firmware improved or changed, the electronic voting system shall must comply with the requirements of subsection (1).
(6) After an electronic voting system is approved, an improvement or change in the electronic voting system shall must be submitted to the board of state canvassers for approval pursuant to under this section. This subsection does not apply to the technical capability of a general purpose computer, reader, or printer to electronically record and count votes.
(7) A county, city, township, village, or school district shall file "an an "intent to purchase statement" with the secretary of state 30 days before any purchase agreement is made to purchase a new electronic voting system. The secretary of state shall provide all information concerning the operation of the electronic voting system in Michigan this state or any other state to the local unit of government within 25 days after receiving the "intent to purchase statement".
(8) The secretary of state shall instruct local election officials regarding the operation and use of an approved electronic voting system in order to carry out the purposes of sections 794 to 799a and the rules promulgated pursuant to under sections 794 to 799a.
(9) If the board of state canvassers determines that an electronic voting system that was approved under subsection (1) no longer meets the requirements described in that subsection, the board of state canvassers may disapprove that electronic voting system. An Subject to subsection (10), an electronic voting system that has been disapproved by the board of state canvassers under this subsection shall must not be used in an election, unless it is reapproved by the board of state canvassers under subsection (1).
(10) For an electronic voting system acquired on or after the effective date of the amendatory act that added this subsection, the board of state canvassers shall not approve that electronic voting system if any of the parts of the electronic voting system were manufactured outside of the United States.
Sec. 797c. (1) A Until the effective date of the amendatory act that added subsection (4), a person or company providing a computer program that examines, counts, tabulates, and prints results of the votes cast by a voter on an electronic voting system shall place in an escrow account a copy of the source code of the program and any subsequent revisions or modifications of the source code. The secretary of state or an authorized agent of the secretary of state shall agree to use the information contained in the source code solely for the purpose of analyzing and testing the software and shall not disclose proprietary information to any other person or agency without the prior written consent of the vendor.
(2) Beginning on the effective date of the amendatory act that added subsection (4), a person or company providing a computer program that examines, counts, tabulates, and prints results of the votes cast by a voter on an electronic voting system shall submit a copy of the source code of the program and any subsequent revisions or modifications of the source code to the county clerk of the county in which the electronic voting system programmed with that source code will be used. The county clerk shall maintain that source code and comply with the requirements in this section.
(3) On request by a state senator, a state representative, or a city or township clerk, a county clerk shall release to the requesting party the source code for the electronic voting system for the purpose of verifying that the electronic voting system is operating properly and is in compliance with any contract requirements.
(4) In any court action in which the tabulation of votes is at issue, the court may appoint a special master to review the source code for any electronic voting system, and the county clerk shall provide the source code for that electronic voting system. The special master appointed under this subsection shall examine the electronic voting system and source code, and shall do both of the following:
(a) Issue a report to the court regarding the tabulation of votes.
(b) Submit the report issued under subdivision (a) to the secretary of state and the board of state canvassers for the purpose of reviewing the approval of the electronic voting system for use in this state.
