House Introduced Bill 5216

HOUSE BILL No. 5216


     October 16, 2001, Introduced by Reps. Patterson, Kowall, Stewart, Kuipers, Drolet, Birkholz, Lipsey, Raczkowski, Jacobs, Cassis and Woodward
and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 577, 578, 580, 626, 661, 691, 738, 770,

   770a, 771, 772, 773, 776, 781, 786, 789, 790, 791, 792, 793, 795,

   795a, 796a, 797, 797a, 798b, 798c, and 799a (MCL 168.577,

   168.578, 168.580, 168.626, 168.661, 168.691, 168.738, 168.770,

   168.770a, 168.771, 168.772, 168.773, 168.776, 168.781, 168.786,

   168.789, 168.790, 168.791, 168.792, 168.793, 168.795, 168.795a,

   168.796a, 168.797, 168.797a, 168.798b, 168.798c, and 168.799a),

   section 580 as amended by 1985 PA 160, sections 626 and 797a as

   amended by 1996 PA 583, section 661 as amended by 1982 PA 2,

   sections 738 and 786 as amended by 1996 PA 213, section 795 as

   amended by 1999 PA 218, sections 795a and 796a as amended by 1998

   PA 215, section 797 as amended by 1992 PA 8, sections 798b and

   798c as amended by 1990 PA 109, and section 799a as amended by


   00162'01                                                 GWH                                   2


   1997 PA 137, and by adding section 17; and to repeal acts and

   parts of acts.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           SEC. 17.  AS USED IN THIS ACT:

 2
           (A) "AUDIT TRAIL" MEANS A RECORD OF THE VOTES CAST BY EACH

 3
      VOTER THAT CAN BE PRINTED, RECORDED, OR VISUALLY REVIEWED AFTER

 4
      THE POLLS ARE CLOSED.  THE RECORD SHALL NOT ALLOW FOR THE IDENTI-

 5
      FICATION OF THE VOTER.

 6
           (B) "BALLOT" MEANS A CARD, BALLOT LABEL, PAPER BALLOT,

 7
      ENVELOPE, OR ANY MEDIUM THROUGH WHICH VOTES ARE RECORDED.

 8
           (C) "BALLOT LABEL" MEANS THE DISPLAY OR MATERIAL CONTAINING

 9
      THE NAMES OF OFFICES AND CANDIDATES OR THE QUESTIONS TO BE VOTED

10
      ON.

11
           (D) "COUNTING CENTER" MEANS 1 OR MORE LOCATIONS SELECTED BY

12
      THE BOARD OF ELECTION COMMISSIONERS OF THE CITY, COUNTY, TOWN-

13
      SHIP, VILLAGE, OR SCHOOL DISTRICT AT WHICH BALLOTS ARE COUNTED BY

14
      MEANS OF ELECTRONIC TABULATING EQUIPMENT OR VOTE TOTALS ARE ELEC-

15
      TRONICALLY RECEIVED FROM ELECTRONIC TABULATING EQUIPMENT AND

16
      ELECTRONICALLY COMPILED.

17
           (E) "ELECTRONIC TABULATING EQUIPMENT" MEANS AN APPARATUS

18
      THAT ELECTRONICALLY EXAMINES AND COUNTS VOTES RECORDED ON BALLOTS

19
      AND TABULATES THE RESULTS.

20
           (F) "ELECTRONIC VOTING SYSTEM" MEANS A SYSTEM IN WHICH VOTES

21
      ARE RECORDED AND COUNTED BY ELECTRONIC TABULATING EQUIPMENT.

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           (G) "ESCROW ACCOUNT" MEANS A THIRD PARTY APPROVED BY THE

23
      SECRETARY OF STATE FOR THE PURPOSE OF TAKING CUSTODY OF ALL




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      SOURCE CODES, INCLUDING ALL REVISIONS OR MODIFICATIONS OF SOURCE

 2
      CODES.

 3
           (H) "MEMORY DEVICE" MEANS A METHOD OR DEVICE USED TO STORE

 4
      ELECTRONIC DATA.

 5
           (I) "SOURCE CODE" MEANS THE ASSEMBLY LANGUAGE OR HIGH LEVEL

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      LANGUAGE USED TO PROGRAM THE ELECTRONIC VOTING SYSTEM.

 7
           (J) "VOTING DEVICE" MEANS AN APPARATUS THAT CONTAINS THE

 8
      BALLOT LABEL AND ALLOWS THE VOTER TO RECORD HIS OR HER VOTE.

 9
           (K) "VOTING STATION" MEANS AN ENCLOSURE PROVIDED TO ENSURE

10
      BALLOT SECRECY DURING THE VOTING OF THE BALLOT.

11
           (l) "VOTING SYSTEM" MEANS AN OPTICAL SCANNING VOTING SYSTEM

12
      THAT IS APPROVED BY THE BOARD OF STATE CANVASSERS UNDER

13
      SECTION 795A.

14
           Sec. 577.   The  AFTER VOTING, THE elector shall  then
   fold

15
      PLACE the ballot IN THE SECRECY ENVELOPE PROVIDED WITH THE BALLOT

16
      so that the perforated corner bearing the number and identifica-

17
      tion  shall be  IS on the outside, and shall present it to the

18
      proper member of the board of ELECTION inspectors.  , who  THE

19
      ELECTION INSPECTOR shall tear off the corner bearing the number

20
      and shall RETURN THE BALLOT IN THE SECRECY ENVELOPE TO THE

21
      ELECTOR.  THE ELECTOR SHALL deposit the ballot in the  ballot

22
      box  VOTING SYSTEM.

23
           Sec. 578.  When a duly registered and qualified elector

24
       shall ask  ASKS for a ballot,  as before provided,  the
   ELECTION

25
      inspector shall enter  his  THE ELECTOR'S name  upon  ON the
   poll

26
      list  , and  ALONG WITH the number of the ballot given to the

27
      elector.  The ELECTION inspector receiving the ballot after the



   00162'01                                   4

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       same  BALLOT has been voted shall  , before depositing it in the

 2
      box,  ascertain by comparison with  such  THE POLL list
   whether

 3
      the ballot given to him OR HER is the same ballot furnished to

 4
      the elector, and if it is not the same ballot,  he  THE ELECTION

 5
      INSPECTOR shall reject it and the elector shall not be allowed to

 6
      vote at  such  THE primary election.

 7
           Sec. 580.  In counting the ballots after the closing of the

 8
      polls, only those candidates having  crosses or check marks

 9
      marked in the squares to the left of their names shall be  MARKS

10
      IN THE SPACE DESIGNATED BY THE INSTRUCTIONS ARE considered to

11
      have received votes.  , and any  A ballot upon which more votes

12
      have been recorded for candidates for  any  AN office than may,

13
      by law, be elected to that office shall be rejected as to all

14
      names appearing on the ballot for that office only.

15
           Sec. 626.  The board of county election commissioners shall

16
      prepare separate ballots for each of the  several  political par-

17
      ties for each election precinct in the county.  The ballots shall

18
      be numbered consecutively and shall set forth the names of the

19
      candidates for delegates who have filed affidavits of identity

20
      with the county, city, or township clerk under section 624.  The

21
      ballot shall be prepared in such a manner that the electors of

22
      each political party may write, print, or paste the name of a

23
      candidate for delegate on the ballot.  The delegate ballot at a

24
      partisan primary shall consist of 1 sheet of 70-pound white book

25
      paper, machine finished or equivalent, with 1 of the political

26
      party tickets printed on each side of the ballot.  The names on

27
      the delegate ballot shall not be rotated.  The ballots shall be



   00162'01                                   5

 1
      delivered to the county clerk for distribution to the election

 2
      precincts at least 10 days before the primary election.

 3
       However, if there is located within a county, subject to the

 4
      provisions of this chapter, 1 or more cities or townships, or

 5
      parts of cities or townships, in which voting machines are used,

 6
      the board of county election commissioners may, in its discre-

 7
      tion, dispense with the preparation of ballots for the election

 8
      of delegates to the county convention of the several political

 9
      parties and provide for their election upon the voting machines.

10
           Sec. 661.   (1) When the voter registration in a precinct

11
      using voting machines is 1,000 or less, there shall be not less

12
      than 1 voting machine for each 500 active registered electors at

13
      the general November election and at the primary immediately pre-

14
      ceding that election.  When the registration in a precinct using

15
      voting machines is more than 1,000 and less than 3,000, there

16
      shall be at least 1 voting machine for each 600 active registered

17
      electors at the general November election and at the primary

18
      immediately preceding that election.  At other primaries and

19
      elections, the number of voting machines shall be at the discre-

20
      tion of the local election commission.  In making this determina-

21
      tion, the local election commission shall take into consideration

22
      the number of choices the voter must make, the percentage of reg-

23
      istered voters who voted at the last similar election in the

24
      jurisdiction, and the intensity of the interest of the electors

25
      in the jurisdiction concerning the candidates and proposals to be

26
      voted upon.  When the registration in a precinct using voting





   00162'01                                   6

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      machines exceeds 2,999, the precinct shall be divided or

 2
      rearranged.

 3
           (1)  (2)  Except as provided in subsection  (3)  (2),
   city

 4
      and township election commissions shall divide precincts accord-

 5
      ing to law, not later than 210 days before the primary  next

 6
      preceding  IMMEDIATELY BEFORE the general November election, and

 7
      shall immediately notify the county clerk of the number of regis-

 8
      tered voters in each precinct in the city or township.  The

 9
      county clerk shall notify the secretary of state not later than

10
      200 days before the primary of a precinct in the clerk's county

11
       which  THAT has not been divided according to law, and the sec-

12
      retary of state shall proceed to make divisions as are necessary

13
      at the expense of the city or township involved, not later than

14
      180 days before the primary  next preceding  IMMEDIATELY BEFORE

15
      the general November election.   If the election commission of a

16
      city, village, or township using voting machines decides to use

17
      paper ballots for a primary or election, the preceding limita-

18
      tions shall continue for that election.  A division of precincts

19
      shall be made effective not later than 180 days before the pri-

20
      mary election  next preceding  IMMEDIATELY BEFORE the general

21
      November election.

22
           (2)  (3)  In the second year following each federal census,

23
      precincts shall be divided  pursuant to  AS PROVIDED IN this

24
      subsection.  City and township election commissions shall divide

25
      precincts, not later than 120 days before the primary election

26
       next preceding  IMMEDIATELY BEFORE the general November election

27
      in order that a precinct, as far as is practical, is not split



   00162'01                                   7

 1
      between districts and does not exceed 2,999 registered voters.  ,

 2
      and  CITY AND TOWNSHIP ELECTION COMMISSIONERS shall immediately

 3
      notify the county clerk of the number of registered voters in

 4
      each precinct in each city or township.  The county clerk shall

 5
      notify the secretary of state not later than 110 days before the

 6
      primary of any precincts in the county  which  THAT have not been

 7
      divided, and the secretary of state shall proceed to make the

 8
      divisions as are necessary at the expense of the city or township

 9
      involved, not later than 90 days before the primary election

10
       next preceding  IMMEDIATELY BEFORE the general November

11
      election.  The division of precincts  shall be made  IS effective

12
      not later than 90 days before the primary election.  The secre-

13
      tary of state may authorize, upon written request by a city or

14
      township election commission, a later division of a precinct

15
       which  THAT contains portions of more than 1 elective district.

16
      All precinct divisions shall be completed not later than 90 days

17
      before the primary election  next preceding  IMMEDIATELY BEFORE

18
      the general November election.

19
           Sec. 691.  (1) The  said boards  BOARD of election commis-

20
      sioners shall  cause to be  HAVE printed on the ballot  (or

21
      ballot labels or slips to be placed on a voting machine, when

22
      used),  the names of the candidates certified to  said boards

23
      pursuant to this act; but  the BOARD OF ELECTION COMMISSIONERS.

24
      THE name of no candidate shall be placed or printed in more than

25
      1 column on the ballot for the same office.  :  Provided, That

26
      the  THE board of election commissioners in  any  A county or

27
      city may  , if deemed desirable,  arrange the ballots with an



   00162'01                                   8

 1
      identification numeral to be placed in the same space with the

 2
      name of each of  said candidates, the said  EACH CANDIDATE.  THE

 3
      identification numeral  to  SHALL be rotated with the name of the

 4
      candidate, when rotated, regardless of where  said  THE name may

 5
      appear upon the ballot.

 6
           (2) The name of a candidate shall be printed showing the

 7
      given name or abbreviation or initials of the given name of the

 8
      candidate.  and, in the case of  IF THE CANDIDATE IS a married

 9
      woman, HER NAME shall not be printed showing the husband's given

10
      name.

11
           Sec. 738.  (1) Before leaving the booth or voting

12
       compartment  STATION, the elector shall  fold  INSERT his or
   her

13
      ballot  or each of the ballots  INTO THE SECRECY ENVELOPE PRO-

14
      VIDED WITH THE BALLOT so that no part of the face  shall be  OF

15
      THE BALLOT IS exposed, and with the detachable corner on the

16
      outside.  Upon leaving the  booth  VOTING STATION, the elector

17
      shall at once deliver in public view the ballot  or ballots  to

18
      the ELECTION inspector designated to receive the ballot.  or

19
      ballots.  Except as provided in subsection (2), the ELECTION

20
      inspector shall tear off the corner of the ballot, where per-

21
      forated, containing the number and shall then  in the presence

22
      of  RETURN THE BALLOT TO the elector.  and the board of inspec-

23
      tors deposit each ballot in the proper ballot box without opening

24
      the ballot.  THE ELECTOR SHALL THEN IN THE PRESENCE OF THE ELEC-

25
      TION INSPECTOR DEPOSIT HIS OR HER BALLOT IN THE VOTING SYSTEM.

26
           (2) If an elector shows his or her ballot or any part of the

27
      ballot to  any  A person other than a person lawfully assisting



   00162'01                                   9

 1
      him or her in the preparation of the ballot or a minor child

 2
      accompanying that elector in the booth or voting  compartment

 3
      STATION under section 736a, after the ballot has been marked, to

 4
      disclose any part of the face of the ballot, the ballot shall not

 5
      be deposited in the ballot box, but shall be marked "rejected for

 6
      exposure", and shall be disposed of as are other rejected

 7
      ballots.  If an elector exposes his or her ballot, a note of the

 8
      occurrence shall be entered on the poll list opposite his or her

 9
      name and the elector shall not be allowed to vote at the

10
      election.

11
           Sec. 770.  (1) At all elections  hereafter  held in this

12
      state AFTER THE DATE OF THE AMENDATORY ACT THAT AMENDED THIS

13
      SECTION,  ballots or votes may  A BALLOT OR VOTE SHALL be cast,

14
      registered, recorded, and counted by means of  voting machines,

15
      as provided in this chapter  AN OPTICAL SCANNING VOTING SYSTEM.

16
           (2) The governing body of  any governmental unit in  A

17
      POLITICAL SUBDIVISION OF this state may contract with the govern-

18
      ing body of  any other governmental unit in  ANOTHER POLITICAL

19
      SUBDIVISION OF this state with regard to the use of  voting

20
      machines  AN OPTICAL SCANNING VOTING SYSTEM owned by either of

21
      the contracting  units  POLITICAL SUBDIVISIONS.

22
           Sec. 770a.  The secretary of state may permit the use of

23
       any type of voting device  A PARTICULAR OPTICAL SCANNING VOTING

24
      SYSTEM for election purposes in  any  AN election upon petition

25
      for use of the  device  VOTING SYSTEM by the legislative body of

26
      the political subdivision desiring to use  any new device  THE

27
      PARTICULAR VOTING SYSTEM.  Permission granted by the secretary of



   00162'01                                  10

 1
      state shall be valid for 1 election only.   Local  AS USED IN

 2
      THIS SECTION, "legislative body OF A POLITICAL SUBDIVISION"

 3
      includes A school  boards  BOARD.  Upon authorizing the use of

 4
      the  device  VOTING SYSTEM, the secretary of state shall prepare

 5
      detailed rules as to election procedures when the  device  VOTING

 6
      SYSTEM is used.  The rules may include prescribing the counting

 7
      of votes and the making of returns by persons other than precinct

 8
      election inspectors.   No  A rule shall NOT be made  which pro-

 9
      vides for reducing  THAT REDUCES the secrecy of the ballot.  In

10
      partisan general elections, candidates shall be listed under a

11
      party heading.  Rules  so  promulgated UNDER THIS SECTION shall

12
      be consistent with the election law.

13
           Sec. 771.   Hereafter, the  THE board of  supervisors

14
      COMMISSIONERS of  any  A county, the legislative body of  any 
   AN

15
      incorporated city or village, or the township board of  any  A

16
      township,  in the state of Michigan,  may, by a majority vote,

17
      authorize, purchase, and order the use of  any thoroughly tested

18
      or reliable  A voting machine SYSTEM APPROVED BY THE BOARD OF

19
      STATE CANVASSERS in  any  1 or more voting precincts within

20
       said  THE county, city, village, or township.  until otherwise

21
      ordered by the officers adopting the same.

22
           Sec. 772.  (1) A voting  machine  SYSTEM to be purchased as

23
      provided in section 771  of this act must be so constructed as

24
      to  SHALL BE CONSTRUCTED TO MEET ALL OF THE FOLLOWING

25
      REQUIREMENTS:

26
           (A) TO provide facilities for voting for the candidates of

27
      at least 7 different parties or organizations.  , and must



   00162'01                                  11

 1
           (B) TO permit all voters to vote for any person for  any  AN

 2
      office, whether or not nominated as a candidate by  any  A party

 3
      or organization.  , and must

 4
           (C) TO permit voting in secrecy.   It shall also be so con-

 5
      structed that

 6
           (D) TO PERMIT votes  may  TO be cast  thereon  for
   constitu-

 7
      tional amendments,  or any other  A public measure,  ; it must

 8
      also be so constructed as to  OR OTHER BALLOT QUESTION.

 9
           (E) TO provide for at least 30 candidates for each party

10
      organization at  any and all elections, and said machine must be

11
      constructed  EACH ELECTION.

12
           (F) TO BE of good and durable material AND CONSTRUCTED in a

13
      workmanlike manner.  , and also so constructed that it can

14
           (G) TO be easily and conveniently operated by ELECTION

15
      inspectors  of election  and the voters.  ; it must also be so

16
      constructed as to

17
           (H) TO prevent voting for more than 1 person for the same

18
      office, except where the voter is entitled to vote for more than

19
      1 person for that office.  , and it must  IT SHALL afford  him

20
      THE VOTER an opportunity to vote for  any and all persons  EACH

21
      PERSON for that office as he OR SHE is by law entitled to vote

22
      for and no more  , at the same time  WHILE preventing his OR HER

23
      voting for the same person twice.  :  Provided, That at any time

24
      when

25
           (2) IF, WHILE the polls are open,  any  A voter  finding in

26
      his use of the machine  FINDS that  same  THE VOTING SYSTEM
   does

27
      not operate in exact accordance with the provisions of this



   00162'01                                  12

 1
      section,  shall be entitled to  THE VOTER MAY notify the

 2
       chairman  CHAIR or  any  A member of the board 
   thereof, where-

 3
      upon the member so notified and the other  OF ELECTION

 4
      INSPECTORS.  ALL members of the board OF ELECTION INSPECTORS

 5
      present shall inspect  said machine  THE VOTING SYSTEM and deter-

 6
      mine whether or not the alleged irregularity of operation is a

 7
      fact.  If it is determined that the  machine  VOTING SYSTEM is

 8
      not operating in accordance with this section, no further voting

 9
       thereon  ON IT shall be permitted until the  machine  VOTING

10
      SYSTEM is adjusted.  and the  THE number of votes recorded

11
       thereon  ON IT shall not be changed during the process of

12
      adjustment.  If the  machine  VOTING SYSTEM cannot be properly

13
      adjusted, it shall be locked and no further voting permitted

14
       thereon  ON IT.   Any  A person charged with the duty of set-

15
      ting, adjusting, or operating A voting  machines  SYSTEM shall

16
      perform that duty in such a manner that the  machines  VOTING

17
      SYSTEM will enable voters to use  same  THE VOTING SYSTEM in

18
      accordance with the provisions of this section.   Any  A person

19
       wilfully  WILLFULLY failing to carry out  the provisions of

20
      this section  shall, upon conviction thereof, be fined  IS GUILTY

21
      OF A MISDEMEANOR PUNISHABLE BY A FINE OF not more than $500.00

22
       ,  or  imprisoned  IMPRISONMENT for not more than 90 days, or

23
      both.  such fine and imprisonment, in the discretion of the

24
      court.

25
           Sec. 773.   The board of supervisors of any county, the

26
      common council of any city or village, or the township board of

27
      any township adopting a voting machine shall, as soon as



   00162'01                                  13

 1
      practicable thereafter, provide for each election district a

 2
      voting machine in complete working order, and the  THE county,

 3
      city, township, or village clerk OR SECRETARY OF THE SCHOOL

 4
      DISTRICT shall  thereafter  keep the  same  VOTING SYSTEM in
   GOOD

 5
      repair and shall have the custody  thereof  OF THE VOTING SYSTEM,

 6
      and of the furniture and equipment of the polling place when not

 7
      in use at an election.   If it shall be impracticable to supply

 8
      each and every election district with a voting machine at any

 9
      election following such adoption, as many may be supplied as it

10
      is practicable to procure, and the same may be used in such elec-

11
      tion district or districts within the county, city, village or

12
      township as the officers adopting same may determine.  More than

13
      1 voting  machine  SYSTEM UNIT may be provided and used in 
   any

14
      AN election precinct.

15
           Sec. 776.  (1)  Not to exceed  IF BALLOT LABELS ARE USED IN

16
      THE PARTICULAR PRECINCT, NO MORE THAN 3 additional sets of ballot

17
      labels shall be provided for each polling place for each

18
      election.  for use on the voting machine, and the same  THEY

19
      shall be delivered by the board of election commissioners to the

20
      election board of each voting precinct.  Envelopes for the deliv-

21
      ery and return of the keys of the voting  machine  SYSTEM shall

22
      be furnished by the county,  or  city, TOWNSHIP, OR VILLAGE

23
      clerk, upon which shall be printed or written the number of the

24
       machine  VOTING SYSTEM, the ward or precinct, and the record of

25
      the protective counter,  if any,  and the numbers of the seals

26
      before and after the election, each of which shall be correctly





   00162'01                                  14

 1
      filled out and be delivered to the proper board or official.  :

 2
      Provided, however, That in communities where

 3
           (2) IF, IN A POLITICAL SUBDIVISION, the registration books

 4
      and supplies are delivered to their respective boards by the

 5
      local law enforcement agency, a key ring  to which is attached

 6
      WITH  the keys to the voting  machine  SYSTEM and tags bearing

 7
      the number of the  machine  VOTING SYSTEM and the ward, 
   and/or

 8
      precinct, OR BOTH, may be delivered by  said  THE LAW ENFORCEMENT

 9
      agency to the proper board or official.  The number registered on

10
      the protective counter,  if any,  and the numbers of the seals

11
      before the election, and after, if used, shall be recorded in the

12
      "statement of returns".  At the close of the polls, the key ring

13
      containing the keys to the voting  machine  SYSTEM and the tags

14
      bearing the number of the  machine  VOTING SYSTEM and of the

15
      ward,  and/or  precinct, OR BOTH, shall be returned to the

16
      COUNTY, city, village, or township clerk.

17
           (3) In all  general or city  elections,  where voting

18
      machines are used,  there shall be furnished by the board of

19
      election commissioners  ,  to the election board in each  such

20
      precinct  ,  a sufficient number of  instruction ballots or 
   wall

21
      diagrams showing  the keyboard of  HOW TO USE the voting  machine

22
      with the  SYSTEM AND INSTRUCTION BALLOTS WITH ALL OF THE FOLLOW-

23
      ING INFORMATION:

24
           (A) THE titles of offices.  , names

25
           (B) THE NAME of  candidates,  EACH CANDIDATE with designat-

26
      ing numbers and letters, if any.  , and





   00162'01                                  15

 1
           (C) COMMON questions.  , and with illustrations

 2
           (D) ILLUSTRATIONS and brief instructions on how to vote.

 3
           Sec. 781.  (1) The ELECTION inspectors  of election  and

 4
      poll clerks, if any, of each district shall meet at the polling

 5
      place  therein,  at least 1/2 hour before the time set for the

 6
      opening of the polls  at such  FOR THE election, and shall

 7
       proceed to  arrange  within the guard rail  the furniture and

 8
      voting  machine SYSTEM for the conduct of the election.  The

 9
      ELECTION inspectors  of election  shall  then and there  have
   the

10
      voting  machine  SYSTEM, ballots, and  stationery  OTHER
   SUPPLIES

11
      required to be delivered to them for  such  THE election, and the

12
      registry of the electors required to be made and kept  therefor

13
      FOR THE ELECTION.

14
           (2) The ELECTION inspectors shall  thereupon cause  POST

15
      CONSPICUOUSLY at least 2 instruction cards  to be posted

16
      conspicuously  within the polling place.  If BALLOT LABELS ARE

17
      USED IN THE POLLING PLACE AND IF not previously done, they shall

18
      insert in their proper place on the voting  machine  STATION the

19
      ballot labels containing the names of the offices to be filled at

20
       such  THE election, the names of the candidates nominated

21
       therefor  FOR THE OFFICES, and the BALLOT question, if any, to

22
      be voted upon.

23
           (3) The keys of the voting  machines  SYSTEM shall be deliv-

24
      ered to the election  officers  OFFICIALS or  chairman  CHAIR
   of

25
      the election board not more than 24 hours nor less than 1/2 hour

26
      before the time set for opening the polls.  ,  THE KEYS SHALL BE

27
      in a sealed envelope, on which shall be written or printed the



   00162'01                                  16

 1
      number and location of the voting  machine  SYSTEM, the number on

 2
      the seal and, if provided with a protective counter, the number

 3
      registered on  such  THE counter as reported by the clerk or

 4
       his  THE CLERK'S authorized assistants.  :  Provided, That

 5
      where  IF key rings  to which are attached  WITH the keys to
   the

 6
      voting  machines  SYSTEM, with tags bearing the numbers of the

 7
       machines  SYSTEM and of the wards,  and/or  precincts, OR
   BOTH,

 8
      are delivered by the local law enforcement agency, the number on

 9
      the seal and of the protective counter, if any, shall be recorded

10
      in the statement of returns.

11
           (4) Before opening the machine, at least 2 of the officers

12
      present shall examine the number of the seal on the  machine

13
      VOTING SYSTEM,  also  AND the number registered on the protective

14
      counter, if one is provided, and shall see if they are the same

15
      as recorded on the envelope containing the keys or on the state-

16
      ment of returns.  If found not to agree, the  machine must

17
      VOTING SYSTEM SHALL not be opened until the clerk, or the assist-

18
      ant duly appointed and authorized to act for  such  THE clerk,

19
       shall have  HAS been notified and  shall have presented himself

20
      at  HAS COME TO the polling place for the purpose of

21
       re-examining such machine  REEXAMINING THE VOTING SYSTEM and

22
       shall certify  HAS CERTIFIED that it is properly arranged.  If

23
      the numbers on the seal and the protective counter  , if one is

24
      provided,  are found to agree with the numbers on the envelope or

25
      statement of returns, the ELECTION inspectors shall  proceed to

26
      open the doors concealing the counters.





   00162'01                                  17

 1
           (5) Before the polls are opened for the election, each

 2
      ELECTION inspector shall carefully examine  every  EACH candidate

 3
      and BALLOT question counter and see that it registers zero.  ,

 4
      and the same  THE CANDIDATE AND BALLOT QUESTION COUNTERS shall be

 5
      subject to the inspection of the official challengers who may be

 6
      present.  If  any  A counter for a candidate or BALLOT question

 7
      is found not to register zero, the ELECTION inspectors  of

 8
      election  shall immediately notify the county, city, or township

 9
      clerk, under whose direction  such machine  THE VOTING SYSTEM has

10
      been prepared for election, and  said  THE clerk or the assistant

11
      appointed by  him  THE CLERK shall adjust the counter at zero,

12
       re-examine  REEXAMINE the  machine  SYSTEM, and certify to
   its

13
      proper adjustment for use in the election.  During the examina-

14
      tion of the voting  machine  SYSTEM by the ELECTION inspectors,

15
       of election,  the  machine  VOTING SYSTEM shall remain locked

16
      against voting until the polls are formally opened, and shall not

17
      be operated except by the electors in voting, or by the ELECTION

18
      inspectors in recording absent voters' ballots.

19
           Sec. 786.  (1)  Only  EXCEPT AS OTHERWISE PROVIDED BY THIS

20
      ACT, ONLY 1 voter at a time shall be permitted  to pass within

21
      the guard rail to vote  IN A VOTING STATION.  The  operating of

22
      the  voting  machine  by the elector  while voting
    shall be

23
      secret and  obscure,  CONCEALED from all other persons, except as

24
      provided  by this act  in cases of assisted electors or a minor

25
      child accompanying an elector in the  booth or  voting

26
       compartment  STATION under section 736a.





   00162'01                                  18

 1
           (2) A voter  shall  DOES not have the right to remain within

 2
      the voting  machine booth  STATION longer than 2 minutes and if

 3
      he or she refuses to leave it after the lapse of 2 minutes, the

 4
      voter shall be removed by the inspectors.  However, the inspec-

 5
      tors may grant the voter further time in their discretion.

 6
           Sec. 789.   In case any  IF AN elector, after entering the

 7
      voting  machine booth, shall ask  STATION ASKS for further

 8
      instructions concerning the manner of voting, 2 inspectors shall

 9
      give  such  THE instructions to him  , but no  OR HER.  AN

10
      ELECTION inspector or other election  officer  OFFICIAL or person

11
      assisting at  any  AN election shall  set such machines for any

12
      such elector, or move, turn or operate any lever or other part or

13
      mechanism of such machine for  such  NOT MARK THE BALLOT FOR THE

14
      elector, or in any manner request, suggest, or seek to persuade

15
      or induce  any such  THE elector to vote  any  A particular

16
      ticket,  or  for  any  A particular candidate, or for or
   against

17
       any  A particular amendment, BALLOT question, or proposition.

18
      After  receiving such  BEING PROVIDED instructions,  such  THE

19
      elector shall be left alone in the voting  machine booth  STATION

20
      and shall vote as in the case of an unassisted voter, and no

21
      inspector or other election  officer  OFFICIAL or person assist-

22
      ing at  any  AN election shall be present in  such  THE voting

23
       machine booth  STATION when  any such  THE elector 
   sets or

24
      operates such machine  CASTS HIS OR HER BALLOT.   When  IF an

25
      elector  shall make  MAKES AN oath that because of physical dis-

26
      ability he OR SHE cannot  set or operate such machine  MARK HIS

27
      OR HER BALLOT, or  when  IF such disability  shall be made



   00162'01                                  19

 1
      manifest  IS CLEAR to  said  THE ELECTION inspectors, 
   such

 2
      machine shall be set and operated for him and  THE BALLOT SHALL

 3
      BE MARKED FOR THE ELECTOR in accordance with the manner in which

 4
      he OR SHE wishes to vote by 2 ELECTION inspectors designated by

 5
      the board OF ELECTION INSPECTORS for that purpose.

 6
           Sec. 790.   No voter or other  A person shall NOT deface,

 7
      alter, or injure the voting  machine or change position of the

 8
      ballot labels thereon  SYSTEM, BALLOT, OR OTHER RECORD OR EQUIP-

 9
      MENT OR ATTEMPT TO INTERFERE WITH ITS CORRECT OPERATION. It

10
       shall be  IS the duty of the ELECTION inspectors  of election

11
      to enforce the provisions of this section.  The ELECTION inspec-

12
      tors  of election  shall, at  such  APPROPRIATE intervals,
    as

13
      they may deem proper or necessary,  examine the  face of the

14
      machine to ascertain  VOTING SYSTEM OR OTHER RECORD OR EQUIPMENT

15
      TO DO ALL OF THE FOLLOWING:

16
           (A) ASCERTAIN whether it has been defaced, altered, or

17
      injured.  , to detect

18
           (B) DETECT the  wrongdoer and to repair  PERSON WHO DEFACED,

19
      ALTERED, OR INJURED THE VOTING SYSTEM.

20
           (C) REPAIR any injury.

21
           Sec. 791.  (1) As soon as the polls of election are offi-

22
      cially closed,  and  the last voter has voted, AND ANY ABSENTEE

23
      BALLOTS HAVE BEEN ENTERED INTO THE OPTICAL SCANNING VOTING

24
      SYSTEM, the ELECTION inspectors  of election  shall seal the

25
       operating lever of the machine, if any,  VOTING SYSTEM against

26
      voting, with the numbered metal seal provided for that purpose

27
      and open the counter compartment in the presence of the



   00162'01                                  20

 1
      challengers and all other persons lawfully within the polling

 2
      place, giving full view of all the counter numbers.  The

 3
       chairman  CHAIR of the board OF ELECTION INSPECTORS shall then

 4
      under the scrutiny of another member, in the order of the offices

 5
      as their titles appear on the  machine  BALLOT, read and announce

 6
      in a distinct voice the candidate's name or the designating

 7
      number and letter, if any, of each counter for each candidate's

 8
      name and the number of votes shown on  said  THE counter.  ,
   and

 9
      the chair of the board of election inspectors shall then in like

10
      manner read and announce the vote on each constitutional amend-

11
      ment, proposition, or other BALLOT question.   He shall also

12
      announce the vote as recorded for each office on the irregular

13
      ballots, if any.  The candidate counters shall be read consecu-

14
      tively along the row or column and the votes as registered and

15
      announced shall be entered in ink by members of the board,

16
      directly into the ELECTION inspectors' statement of returns, in

17
      the space  which  THAT has the same candidate's name or designat-

18
      ing number and letter.  , if any.  After recording on the

19
      inspectors' statement of returns  ,  the vote as shown by the

20
      counters, the figures shall be verified by being called off in

21
      the same manner from the counters of the machine by another

22
      inspector.  At least 2 copies of the statement of returns shall

23
      be made simultaneously.

24
           (2)  When  IF absent voters' ballots have been returned to

25
      the city clerk and delivered to the precinct board of election

26
      inspectors,  such  THE election inspectors shall determine the

27
      legality of such ballots as prescribed in this act.  , and shall



   00162'01                                  21

 1
      count and tally the votes on such ballots on 2 separate tally

 2
      sheets which shall be provided by the county clerk.  The canvass

 3
      will be performed in the same manner as is provided for paper

 4
      ballot precincts.  THE ELECTION INSPECTORS SHALL ENTER THE LEGAL

 5
      ABSENTEE BALLOTS INTO THE OPTICAL SCANNING VOTING SYSTEM AND THE

 6
      CHAIR OF THE BOARD OF ELECTION INSPECTORS SHALL READ AND ANNOUNCE

 7
      THE VOTE TOTALS AS PROVIDED IN SUBSECTION (1). The totals from

 8
      this canvass shall be entered separately on the statement of

 9
      returns and also included in the total precinct vote as shown on

10
      the statement.

11
           (3) WHEN ABSENT VOTERS' BALLOTS HAVE BEEN CAST IN THE VOTING

12
      PRECINCT, THE OPTICAL SCANNING VOTING SYSTEM SHALL NOT BE CLOSED

13
      AND LOCKED UNTIL THE ABSENT VOTERS' BALLOTS, FROM WHICH THE PER-

14
      FORATED NUMBERED CORNERS HAVE BEEN DETACHED, HAVE BEEN SEALED IN

15
      AN ENVELOPE PROVIDED FOR THAT PURPOSE OR WRAPPED AND TIED AS PRO-

16
      VIDED IN THIS ACT, AND PLACED INSIDE THE VOTING SYSTEM.  A CER-

17
      TIFICATE SHALL BE PRINTED ON THE ENVELOPE OR WRAPPER WHICH SHALL

18
      BE SIGNED BY ALL MEMBERS OF THE BOARD OF ELECTION INSPECTORS CER-

19
      TIFYING THAT THE ABSENT VOTERS' BALLOTS CONTAINED IN THE ENVELOPE

20
      OR WRAPPER HAVE BEEN PROPERLY RECORDED ON THE ABSENT VOTERS'

21
      TALLY SHEET AND THE STATEMENT OF RETURNS.

22
           (4) The counter compartment of the OPTICAL SCANNING voting

23
       machine  SYSTEM shall remain open until the statement of returns

24
      and other records, if any, have been fully completed and signed

25
      by the BOARD OF election  board  INSPECTORS.  During such time

26
      any challenger of any party, duly accredited as provided by the

27
      election law, who may desire to be present shall be admitted to



   00162'01                                  22

 1
      the polling place.  Immediately after the canvass has been

 2
      completed, the results, stating the total number of votes

 3
      received by each person voted for in  said  THE precinct for

 4
       any  AN office and the number of votes for and the number of

 5
      votes against any proposed constitutional amendment, BALLOT

 6
      QUESTION, or other submitted proposition, shall be made available

 7
      to interested persons who may be present.  Ample opportunity

 8
      shall be given to  any  A person lawfully present to compare the

 9
      results with the counterdials of the machine and any necessary

10
      corrections shall  then and there  be made by the election board

11
      AT THAT TIME, after which  the doors of  the OPTICAL SCANNING

12
      voting  machine  SYSTEM shall be closed and locked.

13
            When absent voters' ballots have been cast in the voting

14
      precinct, the machine shall not be closed and locked until such

15
      ballots, from which the perforated numbered corners have been

16
      detached, have been sealed in an envelope provided for that pur-

17
      pose or wrapped and tied in the manner provided at elections

18
      where voting machines are not used, and placed inside the

19
      machine, after which the doors shall be securely closed and

20
      locked.  On the envelope or wrapper shall be printed a certifi-

21
      cate which shall be signed by all members of the election board

22
      certifying that the absent voters' ballots contained therein have

23
      been properly recorded on the absent voters' tally sheet and the

24
      statement of returns.

25
           (5)  Such machines  THE OPTICAL SCANNING VOTING SYSTEM shall

26
      remain sealed or locked and shall not be operated  subsequent to

27
      any  AFTER A primary,  or  SPECIAL, OR GENERAL election until
   the



   00162'01                                  23

 1
      day following the last day for filing petitions for recount of

 2
       any  votes cast on  such machines, after which period the seals

 3
      may be broken and machines released  THE PARTICULAR OPTICAL SCAN-

 4
      NING VOTING SYSTEM, unless a recount petition has been filed and

 5
      the recount not completed, or the release of the  machine

 6
      OPTICAL SCANNING VOTING SYSTEM has been stayed by a court order.

 7
       In any case, the  THE seals shall be broken and  machines 
   THE

 8
      VOTING SYSTEM released not less than 20 days  preceding  BEFORE

 9
      an election at which  such machines are  THE VOTING SYSTEM IS to

10
      be used.  In city, village, and township elections, the legisla-

11
      tive body may, if not prohibited by the charter of  such  THE

12
      city, village, or township, provide for a different period during

13
      which the  machine  OPTICAL SCANNING VOTING SYSTEM shall remain

14
      sealed or locked.

15
           Sec. 792.   Whenever  IF it  shall appear  APPEARS that

16
      there is a discrepancy in the returns of  any  AN election dis-

17
      trict, the board of canvassers of the county, if it  be  IS a

18
      general election at which county or state officers are elected,

19
      or the board of canvassers of the city, village, or township, if

20
      it  be  IS a city, village, or township election at which city,

21
      village, or township officers only are elected, or the authorized

22
      representatives of  such  THE RESPECTIVE board of canvassers,

23
      shall make a record of the number of the seal,  if any,  the

24
      number on the protective counter,  if one is provided,  and shall

25
      open the counter compartment of  said machine  THE VOTING SYSTEM,

26
      and without unlocking the  machine  VOTING SYSTEM against voting,

27
      shall  re-canvass  RECANVASS the vote cast  thereon  ON THE



   00162'01                                  24

 1
      VOTING SYSTEM.  Before making  such re-canvass  THE RECANVASS,

 2
      the  said  RESPECTIVE board of canvassers shall give sufficient

 3
      notice in writing to the clerk of the time and place where  said

 4
       re-canvass  THE RECANVASS is to be made.  If, upon  such

 5
      re-canvass  THE RECANVASS, it  shall be  IS found that the
   origi-

 6
      nal canvass of the returns has been correctly made from the

 7
       machine  VOTING SYSTEM, and that the discrepancy still remains

 8
      unaccounted for, the clerk or authorized assistant, in the pres-

 9
      ence of the ELECTION inspectors  of election  and the  said

10
      board of canvassers, shall unlock the voting and counting mecha-

11
      nism of said  machine  VOTING SYSTEM and shall proceed to thor-

12
      oughly examine and test the  machine  VOTING SYSTEM to determine

13
      and reveal the true cause or causes, if any, of the discrepancy

14
      in the return from  said machine  THE VOTING SYSTEM.  Before

15
      testing the  machine  VOTING SYSTEM, the counters in the party

16
      row or column in which the discrepancy is alleged to have

17
      occurred shall be set at zero after which each of  such  THE

18
      counters shall be operated at least 100 times.  After the comple-

19
      tion of  said  THE examination, the clerk or authorized assistant

20
      shall  then and there  IMMEDIATELY prepare a statement in writing

21
      giving the result  thereof  OF THE EXAMINATION, and  said  THE

22
      statement shall be witnessed by the persons present and shall be

23
      filed with the board of canvassers.   Any  A candidate voted for

24
      at  any  AN election who  conceives  BELIEVES himself OR
   HERSELF

25
      aggrieved on account of  any  fraud, error, or mistake in the

26
      canvass of the vote by the inspectors or in the returns made by

27
      the ELECTION inspectors,  of election,  may file a written



   00162'01                                  25

 1
      petition for a recount with the board of canvassers.  , as

 2
      provided in cases where voting machines are not used.

 3
           Sec. 793.  (1) The proper board of election commissioners

 4
      shall furnish the necessary ELECTION inspectors' statement of

 5
      returns sheets and the certificates and envelopes suitable to the

 6
       machine  PARTICULAR VOTING SYSTEM used,  together  ALONG with

 7
      ballot labels and other election supplies for each election, to

 8
      be delivered to the respective boards of election inspectors to

 9
      make returns.  where voting machines are to be used.  The form of

10
      the ELECTION inspectors' statement of returns sheets shall be

11
      suitable to the type of  machine  VOTING SYSTEM used and the

12
      ELECTION inspectors' certificate contained  therein  IN THE

13
      STATEMENT OF RETURNS shall in addition certify  to the machine

14
      ALL OF THE FOLLOWING:

15
           (A) THE VOTING SYSTEM number.  , the

16
           (B) THE number on the protective counter, if any.  , the

17
           (C) THE number on the seal.  , and that

18
           (D) THAT all candidate counters, question counters, and the

19
      public counter registered zero before the polls opened.  ; also

20
      the

21
           (E) THE record on the protective counter and on the seal  ,

22
      if any,  with which the  machine  VOTING SYSTEM is sealed by
   the

23
      ELECTION inspectors.  , the

24
           (F) THE number on the public counter.  and the

25
           (G) THE number of names on the poll list after the polls

26
      close.  ; also a





   00162'01                                  26

 1
           (H) A record of the disposition of the absent voters'

 2
      ballots as provided in section 791.  of this act.

 3
           (2) As soon as the names of all candidates for the  several

 4
      offices to be elected at that election are filed as required by

 5
      law, the board or official whose duty it is to prepare the BALLOT

 6
      OR ballot  labels  LABEL for the  machine  VOTING SYSTEM,
   shall

 7
      forthwith have the names of each regularly nominated candidate,

 8
       together  ALONG with the designating number and letter, if any,

 9
      corresponding to each of the candidate's  counter  NAMES on the

10
       voting machine  BALLOT, printed in the space provided

11
       therefor:  Provided, That in  FOR THE NAME.  IN case of the

12
      death, resignation, or failure to qualify of any of  such  THE

13
      LISTED candidates after  such  THE ELECTION inspectors' statement

14
      of returns are printed, a slip may be furnished giving the name,

15
      designating number and letter, if any, of the candidate substi-

16
      tuted  therefor  FOR THE CANDIDATE WHO DIED, RESIGNED, OR FAILED

17
      TO QUALIFY and  same  THE SLIP shall be pasted, before the deliv-

18
      ery of the ELECTION inspectors' statement of returns to the board

19
      of ELECTION inspectors, over the candidate's name who died,

20
      resigned, or failed to qualify.

21
           Sec. 795.  (1)  An electronic  A voting system acquired or

22
      used  pursuant to sections 794 to 799a  UNDER THIS ACT shall meet

23
      all of the following requirements:

24
           (a) Provide for voting in secrecy, except in the case of

25
      voters who receive assistance as provided by this act.

26
           (b) Permit each elector to vote at an election for all

27
      persons and offices for whom and for which the elector is



   00162'01                                  27

 1
      lawfully entitled to vote; to vote for as many persons for an

 2
      office as the elector is entitled to vote for; and to vote for or

 3
      against any question upon which the elector is entitled to vote.

 4
      Except as otherwise provided in this subdivision, the electronic

 5
      tabulating equipment shall reject all choices recorded on the

 6
      elector's ballot for an office or a question if the number of

 7
      choices exceeds the number that the elector is entitled to vote

 8
      for on that office or question.   Electronic tabulating

 9
      equipment  A VOTING SYSTEM that can detect and inform an elector

10
      voting in person that the choices recorded on the elector's

11
      ballot for an office or a BALLOT question exceeds the number that

12
      the elector is entitled to vote for on that office or BALLOT

13
      question shall offer the elector an opportunity to correct the

14
      error before rejecting the choices recorded on the elector's

15
      ballot.

16
           (c) Permit an elector, at a presidential election, by a

17
      single selection to vote for the candidates of a party for presi-

18
      dent, vice-president, and presidential electors.

19
           (d) Permit an elector at other than a primary election to

20
      vote for all of the candidates of a political party by a single

21
      selection or to vote a split or mixed ticket.

22
           (e) Permit an elector in a primary election to vote for the

23
      candidates in the party primary of the elector's choice.  Except

24
      as otherwise provided in this subdivision, the  electronic tabu-

25
      lating equipment  VOTING SYSTEM shall reject each ballot on which

26
      votes are cast for candidates of more than 1 political party.

27
       Electronic tabulating equipment  A VOTING SYSTEM that can detect



   00162'01                                  28

 1
      and inform an elector voting in person that the elector has voted

 2
      for candidates of more than 1 political party shall offer the

 3
      elector an opportunity to correct the error before rejecting the

 4
      elector's ballot.

 5
           (f) Prevent an elector from voting for the same person more

 6
      than once for the same office.

 7
           (g) Be suitably designed for the purpose used,  ;  be dura-

 8
      bly constructed,  ;  and be designed to provide for safety, accu-

 9
      racy, and efficiency AS PROVIDED IN SECTION 772.

10
           (h)  Beginning June 18, 1990, be  BE designed to accommodate

11
      the needs of an elderly voter or a person with 1 or more

12
      disabilities.

13
           (i) Record correctly and count accurately each vote properly

14
      cast.

15
           (j) Provide an audit trail.

16
           (k) Provide an acceptable method for an elector to vote for

17
      a person whose name does not appear on the ballot.

18
           (l) Allow for accumulation of vote totals from the precincts

19
      in the jurisdiction.  The accumulation software must meet speci-

20
      fications prescribed by the secretary of state and must be certi-

21
      fied by the secretary of state as meeting these specifications.

22
           (2)  Electronic tabulating equipment  A VOTING SYSTEM that

23
      counts votes at the precinct before the close of the polls shall

24
      provide a method for rendering the equipment inoperable if vote

25
      totals are revealed before the close of the polls.

26
           Sec. 795a.  (1)  An electronic  A voting system shall not be

27
      used in an election unless it is approved by the board of state



   00162'01                                  29

 1
      canvassers as meeting the requirements of  sections 794 and

 2
      SECTION 795 and instructions regarding recounts of ballots cast

 3
      on that  electronic  voting system that have been issued by the

 4
      secretary of state, unless section 797c has been complied with,

 5
      and unless it meets 1 of the following conditions:

 6
           (a) Is certified by an independent testing authority accred-

 7
      ited by the national association of state election directors and

 8
      by the board of state canvassers.

 9
           (b) In the absence of an accredited independent testing

10
      authority, is certified by the manufacturer of the voting system

11
      as meeting or exceeding the performance and test standards refer-

12
      enced in subdivision (a) in a manner prescribed by the board of

13
      state canvassers.

14
           (2) The vendor or representative seeking approval of  an

15
      electronic  A voting system shall do all of the following:

16
           (a) Deposit with the secretary of state a nonrefundable

17
      application fee of $1,500.00 for a new voting system and a fee of

18
      $500.00 for an upgrade to any existing system.

19
           (b) File with the secretary of state a list of all states in

20
      which the voting system has been approved for use.  This list

21
      shall state how long the system has been used in the state and

22
      shall disclose any reports compiled by any state or local govern-

23
      ment concerning the performance of the system.  The vendor shall

24
      remain responsible for filing this information on an ongoing

25
      basis.

26
           (c) File with the secretary of state copies of all standard

27
      contracts and maintenance agreements used in connection with the



   00162'01                                  30

 1
      sale of the voting system.  All changes to standard contracts and

 2
      maintenance agreements shall be filed with the secretary of

 3
      state.

 4
           (d) Pay the cost for any field test required by the board of

 5
      state canvassers.

 6
           (e) State the number of voters each component of the voting

 7
      system can process per hour under each of the following

 8
      circumstances:

 9
           (i) An election in which there are 10 or fewer items to be

10
      voted on the ballot by each voter.

11
           (ii) An election in which the ballot consists of the number

12
      of items typically voted on at a presidential general election in

13
      this state.

14
           (3) The board of state canvassers shall conduct a field test

15
      of all new voting systems as part of the certification process.

16
      The field test shall involve Michigan electors and election offi-

17
      cials in simulated election day conditions.  The test shall be

18
      designed to gauge voter reaction to the system, problems that

19
      voters have with the system, and the number of voting stations

20
      required for the efficient operation of an election based upon

21
      the vendor's statement provided under subsection (2)(e).

22
           (4) The board of state canvassers shall approve  an

23
      electronic  A voting system for use in this state only if it

24
      meets the conditions of subsection (1) except that in an emer-

25
      gency situation that threatens the ability of a county, city, or

26
      township to conduct a scheduled election, the board of state





   00162'01                                  31

 1
      canvassers may approve a correction of software or firmware after

 2
      testing the software or firmware performance.

 3
           (5) If  an electronic  A voting system is approved for use

 4
      before January 1, 1997 by the board of state canvassers, it may

 5
      be used in an election.  However, if the  electronic  voting

 6
      system has its software or firmware improved or changed, the

 7
      system shall comply with the requirements of subsection (1).

 8
           (6) After  an electronic  A voting system is approved, an

 9
      improvement or change in the  electronic  voting system shall be

10
      submitted to the board of state canvassers for approval  pursuant

11
      to  UNDER this section.  This subsection does not apply to the

12
      technical capability of a general purpose computer, reader, or

13
      printer to electronically record and count votes.

14
           (7) A county, city, township, village, or school district

15
      shall file "an intent to purchase statement" with the secretary

16
      of state 30 days before any purchase agreement is made to pur-

17
      chase a new voting system.  The secretary of state shall provide

18
      all information concerning the operation of the voting system in

19
      Michigan or any other state to the local unit of government

20
      within 25 days after receiving the "intent to purchase

21
      statement".

22
           (8) The secretary of state shall instruct local election

23
      officials regarding the operation and use of an approved elec-

24
      tronic voting system in order to carry out the purposes of

25
       sections 794 to 799a  THIS ACT and the rules promulgated

26
       pursuant to sections 794 to 799a  UNDER THIS ACT.





   00162'01                                  32

 1
           (9) If the board of state canvassers determines that  an

 2
      electronic  A voting system that was approved under

 3
      subsection (1) no longer meets the requirements described in that

 4
      subsection, the board of state canvassers may disapprove that

 5
      voting system.   An electronic  A voting system that has been

 6
      disapproved by the board of state canvassers under this subsec-

 7
      tion shall not be used in an election, unless it is reapproved by

 8
      the board of state canvassers under subsection (1).

 9
           Sec. 796a.  (1) Before an election,  at which an electronic

10
      voting system is used,  the board of election commissioners of

11
      the county, city, village, township, or school district shall

12
      have the VOTING system prepared for the election.  The board

13
      shall provide the election board of each voting precinct with the

14
      necessary equipment and supplies.

15
           (2) Before an election, the board of election commissioners

16
      of a county, city, village, township, or school district shall

17
      provide a sufficient number of voting stations needed to ensure

18
      the orderly conduct of the election taking into consideration the

19
      projected turnout, the length of the ballot, and the number of

20
      voters the voting system can process per hour.  as determined

21
      under section 795a.  As a minimum for each election, the board of

22
      election commissioners shall provide at least 1 voting station

23
      for each  400 registered voters in each precinct through August

24
      31, 1998 and at least 1 voting station for each  300 registered

25
      voters.  on and after September 1, 1998.  If counting centers are

26
      used, the board of election commissioners of the county, city,





   00162'01                                  33

 1
      village, township, or school district shall establish 1 or more

 2
      counting centers as needed before the election.

 3
           Sec. 797.  Not less than 30 minutes before the opening of

 4
      the polls, the ELECTION inspectors  of election  shall arrive at

 5
      the polling place and prepare the polling place for voting.  The

 6
      ELECTION inspectors  of election  shall determine that the cor-

 7
      rect ballot has been provided to the precinct by comparing the

 8
      ballot provided with the sample ballot and any other documents

 9
      provided to the precinct.  The ELECTION inspectors  of election

10
      shall complete required tests of the  equipment of the

11
      electronic  voting system and certify in writing that the

12
       equipment  VOTING SYSTEM is operating properly.  The written

13
      certification shall be on a form prescribed by the secretary of

14
      state and shall include pertinent information regarding seal num-

15
      bers, counters, and the operation and use of the particular

16
       equipment  VOTING SYSTEM.

17
           Sec. 797a.  (1) Before entering the voting station, each

18
      elector shall be offered instruction in the proper method of

19
      voting on the  electronic  voting system.  If the elector needs

20
      additional instruction after entering the voting station, 2 elec-

21
      tion inspectors from different political parties may, if neces-

22
      sary, enter the voting station and provide the additional

23
      instructions.

24
           (2)  If the electronic voting system provides for the use of

25
      a ballot that is processed through electronic tabulating equip-

26
      ment after  AFTER the elector  votes  COMPLETES HIS OR HER

27
      BALLOT, the elector shall transport the ballot to the  ballot



   00162'01                                  34

 1
      box, or other approved ballot container  OPTICAL SCANNING VOTING

 2
      SYSTEM, without exposing  any votes  THE BALLOT.  An election

 3
      inspector shall ascertain, by comparing the number appearing on

 4
      the ballot stub with the number recorded on the poll list, that

 5
      the ballot delivered by the voter is the same ballot that was

 6
      issued to the elector.  If the numbers do not agree, the ballot

 7
      shall be marked as "rejected", and the elector shall not be

 8
      allowed to vote.  If the numbers agree, an election inspector

 9
      shall remove and discard the stub.   Except as otherwise provided

10
      in this subsection, the election inspector shall deposit the

11
      ballot in the ballot box or other approved ballot container.  If

12
      electronic tabulating equipment that deposits the voted ballot

13
      into the ballot box or other approved ballot container is used at

14
      the precinct, the  THE election inspector shall return the ballot

15
      to the elector  ,  and the elector shall then deposit the ballot

16
      into the  electronic tabulating equipment  VOTING SYSTEM.  The

17
       electronic tabulating equipment  VOTING SYSTEM shall be arranged

18
      so that the secrecy of the ballot is not violated.  If required

19
      for the proper operation of the  electronic tabulating equipment

20
      VOTING SYSTEM, 2 election inspectors from different political

21
      parties may periodically open the equipment to rearrange voted

22
      ballots and may transfer voted ballots to another approved ballot

23
      container.

24
           (3) A ballot from which the stub is detached shall not be

25
      accepted by the election inspector in charge of the  ballot box

26
      OPTICAL SCANNING VOTING SYSTEM or other approved ballot

27
      container.  An elector who spoils his or her ballot may return it



   00162'01                                  35

 1
      and secure another ballot.  The word "spoiled" shall be written

 2
      across the face of the ballot, and the ballot shall be marked and

 3
      secured for later return.

 4
           (4) A ballot of a challenged voter that has the names of

 5
      candidates and questions printed directly on the voted ballot

 6
      shall be processed in the manner prescribed for challenging a

 7
      vote cast by paper ballot.  A challenge to a voter voting on  an

 8
      electronic  A voting system that does not use an individual hard

 9
      copy ballot shall be processed in the manner prescribed  for

10
      challenging a vote cast on a voting machine  IN

11
      SECTION _______________.

12
           (5) Except as otherwise provided in this act, an election

13
      inspector shall not allow any portion of a ballot, including a

14
      ballot stub, to be removed by  any  A person other than an elec-

15
      tion inspector from the polling place.

16
           Sec. 798b.  Before the conduct of the official count, the

17
      clerk may conduct an unofficial count in order to provide early

18
      unofficial returns to the public.  Upon completion of the count,

19
      the official returns shall be open to the public.  The return of

20
      the  electronic tabulating equipment  VOTING SYSTEM, to which

21
      have been added the write-in and absentee votes if necessary,

22
      shall constitute, after being duly certified, the official return

23
      of each precinct or election district.   If it becomes impracti-

24
      cable to count all or a part of the ballots with tabulating

25
      equipment, the clerk may direct that they be counted manually,

26
      following as far as practicable the provisions governing the

27
      counting of paper ballots.



   00162'01                                  36

 1
           Sec. 798c.  (1)  Absentee votes may  AN ABSENTEE VOTE SHALL

 2
      be cast on A paper  ballots  BALLOT or ballot  cards or both

 3
      CARD COMPATIBLE WITH THE OPTICAL SCANNING VOTING SYSTEM.  Absent

 4
      voter ballots may be counted in the various voting precincts or

 5
      may be counted by absent voter counting boards.   Absentee votes

 6
      cast on paper ballots may be recorded by election inspections on

 7
      ballot cards for counting by tabulating equipment.

 8
           (2) In an election held under this act, absent voters' bal-

 9
      lots  may  SHALL be voted and processed in the manner provided by

10
      this chapter.

11
           Sec. 799a.  (1) This section governs the recounting of a

12
      ballot.  on which a voter has made a selection by means of a

13
      punch, mark, or stamp.  (2) If the electronic voting system

14
      requires that the elector cast a vote by punching out a hole in a

15
      ballot, the vote shall not be considered valid unless the portion

16
      of the ballot designated as a voting position is completely

17
      removed or is hanging by 1 or 2 corners or the equivalent.  (3)

18
      If the electronic  THE voting system  requires  SHALL REQUIRE

19
      that the elector cast a vote by marking  or stamping  a prede-

20
      fined area on the ballot  ,  AND the vote shall not be considered

21
      valid unless there is a mark  or stamp  within the predefined

22
      area and it is clearly evident that the intent of the voter was

23
      to cast a vote.  In determining intent of the voter, the board of

24
      canvassers or election official shall compare the mark  or stamp

25
      subject to recount with other marks  or stamps  appearing on the

26
      ballot.





   00162'01                                  37

 1
           (2)  (4)  Unless a petition for recount has been filed and

 2
      the recount has not been completed, ballots, ballot labels,

 3
      programs, test results, and other sealed materials may be

 4
      released from their original seal after 7 days following the

 5
      final determination of the board of canvassers with respect to

 6
      the election at which the ballots were voted.  However, the

 7
      released materials shall be secured and preserved for the time

 8
      period required by this act and the rules promulgated by the sec-

 9
      retary of state.

10
           Enacting section 1.  Sections 584, 585, 586, 587, 717a, 739,

11
      769a, 775, 779, 782a, 782b, 783, 784, 787, 788, 792a, 794, 794a,

12
      794b, 794c, and 799 of the Michigan election law, 1954 PA 116,

13
      MCL 168.584, 168.585, 168.586, 168.587, 168.717a, 168.739,

14
      168.769a, 168.775, 168.779, 168.782a, 168.782b, 168.783, 168.784,

15
      168.787, 168.788, 168.792a, 168.794, 168.794a, 168.794b,

16
      168.794c, and 168.799, are repealed.

























   00162'01          Final page.                            GWH