HOUSE BILL No. 5644

 

 

February 27, 2018, Introduced by Reps. Barrett and Miller and referred to the Committee on Elections and Ethics.

 

     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 765a.

 

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

 

immediately before an election, an elector may return an absent

 

voter ballot by submitting 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.

 

     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).


     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.