SENATE BILL NO. 1187
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 576, 576a, 580, 736b, 736c, 736d, 736e, 736f, 764, and 795 (MCL 168.576, 168.576a, 168.580, 168.736b, 168.736c, 168.736d, 168.736e, 168.736f, 168.764, and 168.795), section 576 as amended by 1996 PA 213, section 580 as amended by 1985 PA 160, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, sections 736f and 764 as added by 2012 PA 128, and section 795 as amended by 2018 PA 127, and by adding sections 20, 51a, 91a, 131a, 161a, 302b, 646e, and 736h.
the people of the state of michigan enact:
Sec. 20. As used in this act, "ranked choice voting" means a system of voting for candidates for election to public office in which an elector expresses the elector's first, second, third, and fourth choices from among the candidates for election.
Sec. 51a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of governor are subject to the provisions in section 646e regarding ranked choice voting.
Sec. 91a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of United States Senator are subject to the provisions in section 646e regarding ranked choice voting.
Sec. 131a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of Representative in Congress are subject to the provisions in section 646e regarding ranked choice voting.
Sec. 161a. Beginning January 1, 2024, the provisions of this chapter for the election of the offices of state senator and state representative are subject to the provisions in section 646e regarding ranked choice voting.
Sec. 302b. Beginning January 1, 2024, the provisions of this chapter for the election of school board members are subject to the provisions in section 646e regarding ranked choice voting.
Sec. 576. (1) An elector, after having received a ballot or ballots, shall enter a booth or voting compartment and, while there concealed from view, shall vote the ballot or ballots by, except as otherwise provided in section 646e for ranked choice voting, making a cross or a check mark in the square at the left of the names of those candidates for whom the elector desires to vote, but in no case for more candidates for any office than is indicated under the title of each office. However, an elector may vote for a person an individual whose name is not printed on the ballot by inserting the name in a manner that will substitute it for any name that is printed on the ballot or where no candidate's name appears upon the ballot.
(2) The elector shall indicate his or her the elector's choice of candidates on 1 party ticket only and, after marking the ballot, the elector shall fold it for deposit pursuant to the provisions of this act. A ballot on which more than 1 party ticket has been voted is void.
(3) This section is subject to section 736a.
Sec. 576a. In Except as otherwise provided in section 646e for ranked choice voting, in all partisan and nonpartisan primary elections, the voter shall be is entitled to vote for a number of candidates for each office equal to the number of persons individuals to be elected for that office.
Sec. 580. In Except as otherwise provided in section 646e for ranked choice voting, in counting the ballots after the closing of the polls, only those candidates having crosses or check marks marked in the squares to the left of their names shall be are considered to have received votes, and any ballot upon which more votes have been recorded for candidates for any office than may, by law, be elected to that office shall must be rejected as to all names appearing on the ballot for that office only.
Sec. 646e. (1) Notwithstanding any provision of this act to the contrary, beginning January 1, 2024, elections for school board members must be conducted using ranked choice voting and primary elections for all of the following public offices must be conducted using ranked choice voting:
(a) Office of governor.
(b) Office of United States Senator.
(c) Office of Representative in Congress.
(d) Office of state senator.
(e) Office of state representative.
(2) The ballot used at a primary election or election with ranked choice voting must allow an elector to rank the elector's top 4 choices in order of preference.
(3) If a candidate receives a majority of first choices, that candidate must be declared elected. If a candidate does not receive a majority of the votes, the candidate who received the fewest number of first choices is eliminated and each vote cast for that candidate must be transferred to the next ranked candidate on the voter's ballot. If after this transfer of votes a candidate has a majority of the votes, that candidate must be declared elected. If a candidate does not receive a majority of votes from the continuing ballots after a candidate has been eliminated and the candidate's votes have been transferred to the next ranked candidate, the candidate with the fewest votes from the continuing ballots is eliminated. All votes for that candidate must be transferred to the next ranked continuing candidate on each voter's ballot. The process of eliminating candidates and transferring votes to the next ranked continuing candidates must be repeated until, except as otherwise provided in subsection (4), a candidate receives a majority of the votes from the continuing ballots.
(4) If after the ranked choice voting process is complete and the ranked choice ballot gives equal rank to 2 or more candidates, the tie must be resolved as provided in section 851.
(5) The secretary of state shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the proper and efficient administration of elections determined by ranked choice voting.
Sec. 736b. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a primary election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
PRIMARY ELECTION
TO VOTE: Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box opposite each choice
as shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
PARTISAN SECTION: There may be multiple party sections on the
ballot. Select the party section of your choice. YOU MAY VOTE
IN ONE PARTY SECTION ONLY; YOU CANNOT "SPLIT YOUR TICKET." IF
YOU VOTE IN MORE THAN ONE PARTY SECTION, YOUR PARTISAN BALLOT
WILL BE REJECTED. DO NOT vote for more candidates than
indicated under each office title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot, write or place the name of that
candidate in the blank space provided and completely darken
the voting target area. Do not cast a write-in vote for a
candidate whose name is already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736c. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a general election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
GENERAL ELECTION
TO VOTE: Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box opposite each choice as
shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
PARTISAN SECTION: To vote the partisan section of the ballot,
you may cast a "mixed ticket."
Mixed Ticket: Vote for the individual candidates of your
choice in each office.
NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must
be voted separately.
DO NOT vote for more candidates than indicated under each
office title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot, write or place the name of that
candidate in the blank space provided and completely darken
the voting target area. Do not cast a write-in vote for a
candidate whose name is already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736d. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a nonpartisan election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
NONPARTISAN ELECTION
TO VOTE: Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box opposite each choice as
shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
DO NOT vote for more candidates than indicated under each
office title.
WRITE-IN CANDIDATES: To vote for a candidate whose name is not
printed on the ballot, write or place the name of that
candidate in the blank space provided and completely darken
the voting target area. Do not cast a write-in vote for a
candidate whose name is already printed on the ballot for that
office.
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736e. Each Except as otherwise provided in section 736h for ranked choice voting, each ballot secrecy sleeve used at a special election must either contain the following ballot marking instructions printed on the front of the ballot secrecy sleeve or must have a clear plastic pocket on the front of the ballot secrecy sleeve that contains a printed copy of the following ballot marking instructions:
SPECIAL ELECTION
TO VOTE: Completely darken the oval opposite each choice as
shown:
[insert graphic here].
-- OR --
TO VOTE: Completely darken the box opposite each choice
as shown: [insert graphic here].
IMPORTANT: To mark your ballot, use only a black or blue ink
pen.
DO NOT USE ANY OTHER INK COLOR!
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be
certain to check the reverse side of the ballot.
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the
secrecy sleeve so that votes cannot be seen and the numbered
stub is visible. Return the ballot to the election official
stationed at the tabulator. (If voting by absentee ballot,
follow the instructions provided by the clerk for returning
the ballot.)
NOTE: If you make a mistake, return your ballot to the
election official and obtain a new ballot. Do not attempt to
erase or correct any marks made in error.
Sec. 736f. The ballot marking instructions as provided in sections 736b, 736c, 736d, 736e, 736h, and 764, are the only written ballot marking instructions that shall be provided to an elector.
Sec. 736h. Each ballot secrecy sleeve used at a primary election or election involving ranked choice voting must contain ballot marking instructions, as prescribed by the secretary of state, for voting a ranked choice ballot.
Sec. 764. In addition to the instructions provided to an absent voter under section 764a, the following ballot marking instructions for an absent voter concerning the method of voting shall must be included with each absent voter ballot furnished an absent voter:
(a) For a primary election, the ballot marking instructions as provided in section 736b.
(b) For a general election, the ballot marking instructions as provided in section 736c.
(c) For a nonpartisan election, the ballot marking instructions as provided in section 736d.
(d) For a special election, the ballot marking instructions as provided in section 736e.
(e) For an election involving ranked choice voting, the ballot marking instructions as provided in section 736h.
Sec. 795. (1) 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 which the elector is entitled to vote. Except as otherwise provided in this subdivision and section 646e, 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 Except as otherwise provided in section 646e for ranked choice voting, 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.
(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 Except as otherwise provided in section 646e for ranked choice voting, 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.
(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).