HOUSE BILL No. 4221


     February 4, 1997, Introduced by Reps. Brackenridge, Gernaat, Gilmer, Hammerstrom, McBryde and Jelinek and referred to the Committee on Local Government.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 799a and 803 (MCL 168.799a and 168.803),

   section 799a as amended by 1992 PA 8 and section 803 as amended

   by 1985 PA 160.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 799a.  (1) This section governs the recounting of a

 2    ballot on which a voter has made a selection by means of a punch,

 3    mark, or stamp.

 4         (2) If the electronic voting system requires that the elec-

 5    tor cast a vote by punching out a hole in a ballot, the vote

 6    shall not be considered valid unless the portion of the ballot

 7    designated as a voting position is completely removed or is

 8    hanging by 1 or 2 corners or the equivalent.




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 1         (3) If the electronic voting system requires that the

 2    elector cast a vote by marking or stamping a predefined area on

 3    the ballot, the vote shall not be considered valid unless THERE

 4    IS A MARK OR STAMP WITHIN THE PREDEFINED AREA AND it is clearly

 5    evident that the intent of the voter was to cast a vote.  In

 6    determining intent of the voter, the board of canvassers shall

 7    compare the mark or stamp subject to recount with other marks or

 8    stamps appearing on the ballot.

 9         (4) Unless a petition for recount has been filed and the

10    recount has not been completed, ballots, ballot labels, programs,

11    test results, and other sealed materials may be released from

12    their original seal after 7 days following the final determina-

13    tion of the board of canvassers with respect to the election at

14    which the ballots were voted.  However, the released materials

15    shall be secured and preserved for the time period required by

16    this act and the rules promulgated by the secretary of state.

17         Sec. 803.  (1)  The  EXCEPT AS OTHERWISE PROVIDED IN THIS

18    ACT, THE following rules shall govern the counting and recounting

19    of votes:

20         (a) If it is clearly evident from an examination of any

21    ballot that the ballot has been mutilated for the purpose of dis-

22    tinguishing it or that there has been placed on the ballot some

23    mark, printing, or writing for the purpose of distinguishing it,

24    then that ballot  shall be  IS void and shall not be counted.

25         (b) A cross, the intersection of which  shall be  IS within

26    or on the line of the proper circle or square, or a check mark,

27    the angle of which is within a circle or square,  shall be  IS



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 1    valid.  Crosses or check marks otherwise located on the ballot

 2     shall be  ARE void.

 3         (c) Marks other than crosses or check marks used to desig-

 4    nate the intention of the voter shall not be counted.

 5         (d) A cross  shall be  IS valid even though 1 or both lines

 6    of the cross  shall be  ARE duplicated,  provided that  IF the

 7    lines intersect within or on the line of the square or circle.

 8         (e) Two lines meeting within or on the line of the square or

 9    circle, although not crossing each other,  shall be considered to

10     be a  ARE valid  cross where  IF it is apparent that the voter

11    intended to make a cross.

12         (f) A failure to properly mark a ballot as to 1 or more can-

13    didates  shall  DOES not  of itself  ALONE invalidate the entire

14    ballot if the ballot has been properly marked as to other candi-

15    dates, unless the improper marking  shall constitute  IS DETER-

16    MINED TO BE a distinguishing mark as  defined  DESCRIBED in this

17     section  SUBSECTION.

18         (g) Erasures and corrections on a ballot made by the elector

19    in a manner frequently used for this purpose shall not be consid-

20    ered distinguishing marks or mutilations.

21         (h) Any ballot or part of a ballot from which it is impossi-

22    ble to determine the elector's choice of candidate  shall be  IS

23    void as to the candidate or candidates  thereby  affected BY THAT

24    DETERMINATION.

25         (i) Any votes cast for a deceased candidate  shall be  ARE

26    void and SHALL not BE counted, except that votes cast for a

27    candidate for governor who has died, and for whom a replacement



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 1    has not been made, shall be counted for the candidate for

 2    lieutenant governor of that party.

 3         (j) All ballots cast  which  THAT are not counted shall be

 4    marked by the inspector "not counted", kept separate from the

 5    others by being tied or held in 1 package, and placed in the

 6    ballot box with the counted ballots.

 7         (k) A vote shall not be counted for any candidate unless a

 8    cross or a check mark has been placed by the voter in the circle

 9    at the head of the party ticket, if any, on which the name of the

10    candidate has been printed, written, or placed or unless a cross

11    or a check mark has been placed by the voter in the square before

12    the space in which the name of the candidate has been printed,

13    written, or placed.

14         (2) IF AN ELECTOR IS REQUIRED TO PLACE A MARK IN A PREDE-

15    FINED AREA ON THE BALLOT IN ORDER TO CAST A VOTE, THE VOTE SHALL

16    NOT BE CONSIDERED VALID UNLESS THERE IS A MARK WITHIN THE PREDE-

17    FINED AREA AND IT IS CLEARLY EVIDENT THAT THE INTENT OF THE VOTER

18    WAS TO CAST A VOTE.  IN DETERMINING INTENT OF THE VOTER, THE

19    BOARD OF CANVASSERS SHALL COMPARE THE MARK WITH OTHER MARKS

20    APPEARING ON THE BALLOT.

















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