HB-5644, As Passed Senate, April 18, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5644

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 765 and 795 (MCL 168.765 and 168.795), section

765 as amended by 1996 PA 207 and section 795 as amended by 2004 PA

92, and by adding section 765b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 765. (1) A clerk who receives an absent voter ballot

return envelope containing the marked ballots of an absent voter

shall not open that envelope before delivering the envelope to the

board of election inspectors as provided in this section. The city

, village, or township clerk shall safely keep in his or her office

until election day any absent voter ballot return envelopes

received by the clerk before election day containing the marked

ballots of an absent voter.

     (2) Before the opening of the polls on election day or as soon

after the opening of the polls as possible, the clerk shall deliver

the absent voter ballot return envelopes to the chairperson or

other member of the board of election inspectors in the absent

voter's precinct, together with the signed absent voter ballot

applications received by the clerk from any voters of that precinct

and the clerk's list or record kept relative to those absent

voters. However, if higher numbered ballots are used pursuant to

under section 717, the clerk shall retain the applications and

lists in his or her office and shall keep the applications and

lists open to public inspection at all reasonable hours. Absent

voter ballots must not be tabulated before the opening of the polls

on election day.

     (3) The city , village, or township clerk, or authorized

designee of the clerk, shall call for and receive absent voter

ballots from the post office at which the city , village, or

township clerk regularly receives mail addressed to the city ,

village, or township clerk on election day in sufficient time to

deliver any envelopes containing absent voter ballots to the board

of election inspectors before the close of the polls.

     (4) If a marked absent voter ballot is received by the clerk

after the close of the polls, the clerk shall plainly mark the

envelope with the time and date of receipt and shall file the

envelope in his or her office. Except as otherwise provided in

section 759b, the clerk shall not deliver an absent voter ballot to

a voter after the opening of the polls on election day.

     (5) On or before 8 a.m. on election day, the clerk shall post

in the clerk's office or otherwise make public the number of absent

voter ballots the clerk distributed to absent voters and the number

of absent voter ballot return envelopes containing the marked

ballots of absent voters received by the clerk before election day

and delivered to the board of election inspectors or the absent

voter counting boards pursuant to under this act. On or before 9

p.m. on election day, the clerk shall post in the clerk's office or

otherwise make public the number of absent voter ballot return

envelopes containing the marked ballots of absent voters received

by the clerk on election day and delivered to the board of election

inspectors pursuant to under subsection (3), along with the total

number of absent voter ballot return envelopes containing the

marked ballots of absent voters received by the clerk both before

and on election day and delivered to the board of election

inspectors or the absent voter counting boards pursuant to under

this act. As soon as possible after all precincts in the city , or

township , or village are processed, the clerk shall post in the

clerk's office or otherwise make public the number of absent voter

ballot return envelopes containing the marked ballots of absent

voters received by the election inspectors at the precincts on

election day, along with the total number of absent voter ballot

return envelopes containing the marked ballots of absent voters

received in the city , or township , or village for that election.

This subsection applies only to elections in which a federal or

state office appears on the ballot.

     Sec. 765b. (1) Not later than 2 p.m. on the Saturday

immediately before an election, an elector may submit a signed,

written statement to his or her city or township clerk requesting

that the clerk do both of the following:

     (a) Spoil the elector's absent voter ballot.

     (b) Provide or mail a new absent voter ballot to the elector.

     (2) Upon receipt of a signed, written statement from an

elector as described in subsection (1), the city or township clerk

shall mark the absent voter ballot return envelope of that elector

as "spoiled" and retain the envelope. In addition, the city or

township clerk shall provide or mail a new absent voter ballot to

that elector.

     (3) An elector who has returned an absent voter ballot may,

before 4 p.m. on the day before an election except Sunday or a

legal holiday, appear in person at his or her city or township

clerk's office to do both of the following:

     (a) Spoil his or her absent voter ballot by submitting a

signed, written statement to the city or township clerk indicating

that the elector wishes to have his or her absent voter ballot

spoiled.

     (b) Vote a new absent voter ballot in the clerk's office.

     (4) Upon receipt of the signed, written statement from an

elector as described in subsection (3)(a), the city or township

clerk shall mark the absent voter ballot return envelope of that

elector as "spoiled" and retain the envelope. In addition, the city

or township clerk shall issue the elector a new absent voter ballot

that must be voted by the elector in the clerk's office.

     (5) Not later than 2 p.m. on the Saturday immediately before

an election, an elector who has lost his or her absent voter ballot

or not yet received his or her absent voter ballot in the mail may

submit a signed, written statement to his or her city or township

clerk requesting that the clerk do both of the following:

     (a) Spoil the elector's absent voter ballot.

     (b) Provide or mail a new absent voter ballot to the elector.

     (6) Upon receipt of a signed, written statement from an

elector as described in subsection (5), the city or township clerk

shall indicate in the qualified voter file that the original ballot

is spoiled. In addition, the city or township clerk shall provide

or mail a new absent voter ballot to that elector.

     (7) An elector who has lost his or her absent voter ballot or

not yet received his or her absent voter ballot in the mail may,

before 4 p.m. on the day before an election except Sunday or a

legal holiday, appear in person at his or her city or township

clerk's office to do both of the following:

     (a) Spoil his or her absent voter ballot by submitting a

signed, written statement to the city or township clerk indicating

that the elector wishes to have his or her absent voter ballot

spoiled.

     (b) Vote a new absent voter ballot in the clerk's office.

     (8) Upon receipt of the signed, written statement from an

elector described in subsection (7)(a), the city or township clerk

shall indicate in the qualified voter file that the original ballot

is spoiled. In addition, the city or township clerk shall issue the

elector a new absent voter ballot that must be voted by the elector

in the clerk's office.

     Sec. 795. (1) An electronic voting system acquired or used

under sections 794 to 799a shall 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) (b) Permit each elector to vote at an election for all

persons and offices for whom and for which the elector is lawfully

entitled to vote; to vote for as many persons for an office as the

elector is entitled to vote for; and to vote for or against any

question upon which the elector is entitled to vote. Except as

otherwise provided in this subdivision, the electronic tabulating

equipment shall 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 shall 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 shall must be given the opportunity

to have that ballot considered a spoiled ballot and to vote another

ballot.

(d) (c) Permit an elector, at a presidential election, by a

single selection to vote for the candidates of a party for

president, vice-president, and presidential electors.

(e) (d) 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 shall 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 shall 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 shall must be given the

opportunity to have that ballot considered a spoiled ballot and to

vote another ballot.

(f) (e) Prevent an elector from voting for the same person

more than once for the same office.

(g) (f) Reject a ballot on which no valid vote is cast.

Electronic tabulating equipment shall must be programmed to reject

a ballot on which no valid vote is cast.

(h) (g) Be suitably designed for the purpose used; be durably

constructed; and be designed to provide for safety, accuracy, and

efficiency.

(i) (h) Be designed to accommodate the needs of an elderly

voter or a person with 1 or more disabilities.

(j) (i) Record correctly and count accurately each vote

properly cast.

(k) (j) Provide an audit trail.

(l) (k) Provide an acceptable method for an elector to vote

for a person whose name does not appear on the ballot.

(m) (l) 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) (m) 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 shall must include nonvisual

accessibility for the blind and visually impaired.

     (2) Electronic tabulating equipment that counts votes at the

precinct before the close of the polls shall 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 shall 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.

     (3) Beginning January 1, 2006, each 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)(m).(1)(n).