SB-0432, As Passed Senate, February 10, 2004                                

SUBSTITUTE FOR

SENATE BILL NO. 432

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending sections 73, 283, 393, 499, 509m, 509n, 509t, 509aa,            

686, 735, 795, 798c, 799a, 803, and 842 (MCL 168.73, 168.283,               

168.393, 168.499, 168.509m, 168.509n, 168.509t, 168.509aa,                  

168.686, 168.735, 168.795, 168.798c, 168.799a, 168.803, and                 

168.842), sections 73, 283, 393, 509n, and 686 as amended by 1999           

PA 216, section 499 as amended by 1995 PA 213, sections 509m and            

509aa as added by 1994 PA 441, section 509t as amended by 1998 PA           

21, section 795 as amended by 2002 PA 91, section 798c as amended           

by 1990 PA 109, and sections 799a and 803 as amended by 1997 PA             

137, and by adding sections 18, 523a, 813, and 829; and to repeal           

acts and parts of acts.                                                     

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1   Sec. 18.  As used in this act:                                              

1       (a) "Help America vote act of 2002" means the help America

2   vote act of 2002, 42 USC 15301 to 15545.                                    

3       (b) "National voter registration act of 1993" means the                     

4   national voter registration act of 1993, 42 USC 1973gg to                   

5   1973gg-10.                                                                  

6       (c) "Uniformed and overseas citizens absentee voting act"                   

7   means the uniformed and overseas citizens absentee voting act, 42           

8   USC 1973ff to 1973ff-6.                                                     

9       (d) "Voting accessibility for the elderly and handicapped                   

10  act" means the voting accessibility for the elderly and                     

11  handicapped act, 42 USC 1973ee to 1973ee-6.

12  (e) "Voting rights act of 1965" means the voting rights act                 

13  of 1965, 42 USC 1973 to 1973aa-6.

14      Sec. 73.  Not more than 24 hours after the conclusion of the                

15  fall state convention, the state central committee of each                  

16  political party shall canvass the proceedings of the convention             

17  and determine the nominees of the convention for the offices of             

18  lieutenant governor, secretary of state, and attorney general.              

19  Not more than 1 business day after the conclusion of the                    

20  convention, the chairperson and secretary of the state central              

21  committee shall forward to the secretary of state  and to the               

22  board of election commissioners of each county, in care of the              

23  county clerk at the county seat,  a typewritten or printed list             

24  of the names and residence, including the street address if                 

25  known, of candidates nominated at the state convention.  The                

26  secretary of state shall forward a copy of a list received under            

27  this section to the board of election commissioners of each                 

1   county, in care of the county clerk at the county seat.

2       Sec. 283.  Not more than 24 hours after the conclusion of                   

3   the fall state convention, the state central committee of each              

4   political party shall canvass the proceedings of the convention             

5   and determine the nominees of the convention for membership on              

6   the state board of education, the board of regents of the                   

7   university of Michigan, the board of trustees of Michigan state             

8   university, and the board of governors of Wayne state                       

9   university.  Not more than 1 business day after the conclusion of           

10  the state convention, the chairperson and secretary of the state            

11  central committee shall forward by registered or certified mail             

12  to the secretary of state  and to the board of election                     

13  commissioners of each county, in care of the county clerk at the            

14  county seat,  a copy of the vignette adopted by the state central           

15  committee and a typewritten or printed list of the names and                

16  residence, including the street address if known, of the                    

17  candidates nominated at the convention for the offices specified            

18  in this section.  The secretary of state shall forward a copy of            

19  a list received under this section to the board of election                 

20  commissioners of each county, in care of the county clerk at the            

21  county seat.

22      Sec. 393.  Not more than 24 hours after the conclusion of                   

23  the fall state convention, the state central committee of each              

24  political party shall convene and canvass the proceedings of the            

25  convention and determine the nominee or nominees of the                     

26  convention for the office or offices of justice of the supreme              

27  court.  Not more than 1 business day after the conclusion of the            

1   state convention, the chairperson and secretary of the state                

2   central committee shall forward by registered or certified mail             

3   to the secretary of state  and to the board of election                     

4   commissioners of each county, in care of the county clerk at the            

5   county seat,  a typewritten or printed list of the names and                

6   residence, including the street address if known, of the                    

7   candidate or candidates nominated at the convention for the                 

8   office or offices of justice of the supreme court.  The secretary           

9   of state shall forward a copy of a list received under this                 

10  section to the board of election commissioners of each county, in           

11  care of the county clerk at the county seat. The  names of the              

12  persons so certified name of each nominee on the list shall be             

13  printed upon a nonpartisan judicial ballot containing no party              

14  designation together with the names of  any  incumbent justices             

15  filing an affidavit  pursuant to under section 392a.                       

16      Sec. 499.  (1) An elector entitled to registration in an                    

17  election precinct may become registered in the precinct by                  

18  applying in person and signing the registration application                 

19  before the clerk or assistant clerk of the township, city, or               

20  village in which the precinct is located.  For the performance of           

21  his or her duties under this act, each clerk and assistant clerk            

22  has the power to administer oaths and to swear persons as to the            

23  truth of statements contained in an application.  For a better              

24  examination of the applicant, a clerk may employ and swear an               

25  interpreter to interpret all questions put to applicants and the            

26  answers to those questions.  If the applicant, in answer to a               

27  question or in the registration application, makes a material               

1   statement that is false, the applicant is guilty of a                       

2   misdemeanor.                                                                

3       (2) A clerk or assistant clerk shall not accept a fee from an               

4   elector applying for registration, either for the registering of            

5   the elector or for the taking of the acknowledgment on the                  

6   application.  A person who violates this subsection is guilty of            

7   a misdemeanor.                                                              

8       (3) The clerk, immediately after receiving the registration                 

9   or change of address of an elector, shall prepare a voter                   

10  identification card for the elector.  The clerk shall also                  

11  prepare and send a corrected voter identification card to an                

12  elector affected by a change in United States representative,               

13  state senatorial, state representative, or county commissioner              

14  district or precinct.   Unless otherwise required under the                 

15  provisions of this subsection, a clerk is not required to prepare           

16  and send a corrected voter identification card to an elector who            

17  made a declaration of party preference or no party preference as            

18  previously provided under this act.  The clerk shall forward by             

19  first-class mail the voter identification card to the elector at            

20  the elector's registration address.  The voter identification               

21  card shall contain the name and address of the registrant and the           

22  United States representative, state senatorial, state                       

23  representative, or county commissioner district and precinct in             

24  which the registrant is an elector.   Except as provided in                 

25  section 500c, if the original If the original voter                        

26  identification card is returned to the clerk by the post office             

27  as nondeliverable, the clerk shall reject the registration and              

1   send the individual a notice of rejection.  If a duplicate voter

2   identification card is returned to the clerk by the post office,            

3   the clerk shall accept this as information that the elector has             

4   moved and the clerk shall proceed in conformity with section                

5   509aa.                                                                      

6       Sec. 509m.  (1) The purposes of this section and sections                   

7   509n to 509gg are all of the following:                                     

8       (a) To establish a statewide qualified voter file that                      

9   consists of all qualified electors who wish to be registered to             

10  vote in local, state, and federal elections.                                

11      (b) To enhance the uniformity of the administration of                      

12  elections by creating and maintaining a statewide file of                   

13  qualified voters.                                                           

14      (c) To increase the efficiency and decrease the public cost                 

15  of maintaining voter registration files and implementing the                

16  national voter registration act of 1993.                                    

17      (d) To increase the integrity of the voting process by                      

18  creating a single qualified voter file that will permit the name            

19  of each citizen of this state to appear only once and that is               

20  compiled from other state files that require citizens to verify             

21  their identity and residence.                                               

22      (e) To apply technology and information gathered by principal               

23  executive departments, state agencies, and county, city,                    

24  township, and village clerks in a manner that ensures that                  

25  accurate and current records of qualified voters are maintained.            

26      (2) As used in sections 509n to 509gg:                                      

27      (a) "Designated voter registration agency" means an office                  

1   designated under section 509u to perform voter registration                 

2   activities in this state.                                                   

3   (b) "National voter registration act of 1993" means the                     

4   national voter registration act of 1993, Public Law 103-31, 107             

5   Stat. 77.

6   (b)  (c)  "Qualified voter file" means the statewide                        

7   qualified voter file established  pursuant according to section            

8   509o.                                                                       

9       Sec. 509n.  The secretary of state is responsible for the                   

10  coordination of the requirements imposed under this chapter,

11  and  the national voter registration act of 1993, and the help             

12  America vote act of 2002.  The secretary of state shall do all of           

13  the following:                                                              

14      (a) Develop a mail registration form and make the form                      

15  available for distribution through governmental and private                 

16  entities, with special emphasis on making the form available to             

17  voter registration programs established for the purpose of                  

18  registering citizens of this state to vote.                                 

19      (b) Instruct designated voter registration agencies; county,                

20  city, township, and village clerks; and school officials                    

21  regarding the voter registration procedures and requirements                

22  imposed by law.                                                             

23      (c) By June 15 of each odd numbered year, submit to each                    

24  member of the committees of the senate and house of                         

25  representatives with primary responsibility for election matters            

26  a report on the qualified voter file.  The report shall include,            

27  but need not be limited to, both of the following:                          

1                                                                                (i) Information on the efficiency and effectiveness of the                          

2   qualified voter file as a voter registration system.                        

3       (ii) Any recommendations of the secretary of state for                       

4   amendments to this act to increase the efficiency and                       

5   effectiveness of the qualified voter file as a voter registration           

6   system.                                                                     

7       Sec. 509t.  (1) Notwithstanding  any other another provision               

8   of law to the contrary, a person who is a qualified elector in              

9   this state and who registers to vote in a manner consistent with            

10  the national voter registration act of 1993  ,  is considered a             

11  registered voter under this act.                                            

12      (2) A person who registers to vote in a jurisdiction in this                

13  state by mail shall vote in person and shall provide                        

14  identification as required under section 303(b) of the help                 

15  America vote act of 2002, 42 USC 15483, if that person has not              

16  previously voted in person in  that jurisdiction this state.               

17  This subsection does not apply to any of the following registered           

18  voters:                                                                     

19      (a) A person entitled to vote by absentee ballot under the                  

20  uniformed and overseas citizens absentee voting act.  , Public              

21  Law 99-410, 100 Stat. 924.

22      (b) A person who has a disability as defined in section 103                 

23  of the persons with disabilities civil rights act, 1976 PA 220,             

24  MCL 37.1103, or, for purposes of voting in person only, a person

25  who is 60 years of age or older.                                            

26      (c) A person who is entitled to vote other than in person                   

27  under any other federal law.                                                

1       (3) This section does not preclude this state from                          

2   prosecuting a violation of this act that is also a violation of             

3   any a federal election or voting rights law.                              

4       Sec. 509aa.  (1) A clerk may use change of address                          

5   information supplied by the United States postal service or other           

6   reliable information received by the clerk that identifies                  

7   registered voters whose addresses may have changed as provided in           

8   this section.                                                               

9   (2) A clerk shall update the registration of a voter upon                   

10  the receipt of reliable information that the voter has changed              

11  his or her residence within the city or township.  The clerk                

12  shall send by forwardable mail to the voter a notice of the                 

13  transfer informing the voter that he or she is registered at the            

14  new address.  The clerk shall include with the notice a postage             

15  prepaid and preaddressed return card on which the voter may                 

16  verify or correct the address information.

17  (2) Upon receipt of reliable information that a registered                  

18  voter has moved his or her residence within the city or township,           

19  the clerk shall send by forwardable mail all of the following to            

20  the voter:                                                                  

21      (a) A notice that the clerk has received information                        

22  indicating that the voter has moved his or her residence within             

23  the city or township.                                                       

24      (b) A postage prepaid and preaddressed return card on which                 

25  the voter may verify or correct the address information.                    

26      (c) A notice explaining that, if the address information is                 

27  correct and the voter has moved his or her residence within the             

1   city or township, the voter should complete and return the card             

2   to the clerk with a postmark of 30 days or more before the date             

3   of the next election.  If the voter has moved his or her                    

4   residence within the city or township and does not complete and             

5   return the card to the clerk with a postmark of 30 days or more             

6   before the date of the next election, the voter will be required            

7   to vote in his or her former precinct of residence in the city or           

8   township.  The voter will also be required to submit an address             

9   correction before being permitted to vote.

10      (3) Upon the receipt of reliable information that a                         

11  registered voter has moved his or her residence to another city             

12  or township, the clerk shall send by forwardable mail all of the            

13  following to the voter:                                                     

14      (a) A notice that the clerk has received information                        

15  indicating that the voter has moved his or her residence to                 

16  another city or township.                                                   

17      (b) A postage prepaid and preaddressed return card on which                 

18  the voter may verify or correct the address information.                    

19      (c) A notice containing all of the following information:                   

20                                                                               (i) If the address information is incorrect and the voter has                       

21  not moved to another city or township and wishes to remain                  

22  registered to vote, the voter should complete and return the card           

23  to the clerk with a postmark of 30 days or more before the date             

24  of the next election.  If the card is not completed and returned            

25  with a postmark of 30 days or more before the date of the next              

26  election, the voter may be required to affirm his or her current            

27  address before being permitted to vote.  Further, if the voter              

1   does not vote in an election within the period beginning on the             

2   date of the notice and ending on the first business day                     

3   immediately following the second November general election that             

4   is held after the date on the notice, the registration of the               

5   voter will be canceled and his or her name will be removed from             

6   the registration record of that city or township.                           

7       (ii) If the voter has moved his or her residence to another                  

8   city or township, information on how the voter can become                   

9   registered to vote at the next election in his or her new city or           

10  township.                                                                   

11      (4) If a notice sent under this section is returned to the                  

12  clerk by the post office as undeliverable, the clerk shall                  

13  identify the registration record of a voter as challenged as                

14  provided in this act.  The clerk shall instruct the board of                

15  election inspectors to challenge that voter at the first election           

16  at which the voter appears to vote.  If in response to the                  

17  challenge the voter indicates that he or she resides at the                 

18  registration address or has changed addresses within the city or            

19  township, the voter shall be permitted to vote a regular ballot             

20  rather than a challenged ballot.  The voter shall complete a                

21  change of address form at the polling place, if applicable.  If             

22  the person does not appear to vote in an election within the                

23  period beginning on the date of the notice and ending on the                

24  first business day immediately following the second November                

25  general election that is held after the date of the notice, the             

26  clerk shall cancel the registration of the voter and remove his             

27  or her name from the registration record of the city or                     

1   township.                                                                   

2   Sec. 523a.  (1) If an individual who completed an application               

3   under section 523 is not listed on the voter registration list,             

4   the election inspector shall issue a ballot to the individual as            

5   follows:                                                                    

6       (a) For an individual who presents a receipt issued by a                    

7   department of state office, a designated voter registration                 

8   agency, or the elector's county, city, or township clerk's office           

9   verifying the acceptance of a voter registration application                

10  before the close of registration and completes a new voter                  

11  registration application, the election inspector shall allow the            

12  individual to vote a ballot in the same manner as an elector                

13  whose name is listed on the voter registration list.                        

14      (b) For an individual who does not present a receipt                        

15  verifying the acceptance of a voter registration application                

16  under subdivision (a), the election inspector shall determine               

17  whether the individual is in the appropriate polling place based            

18  on residence information provided by the individual.  The                   

19  election inspector shall review any documents or maps in the                

20  polling place or communicate with the city or township clerk to             

21  verify the appropriate polling place for the individual.  The               

22  election inspector shall direct an individual who is not in the             

23  appropriate polling place to the appropriate polling place.  If             

24  the individual refuses to go to the appropriate polling place,              

25  the election inspector shall issue the individual a provisional             

26  ballot that shall be processed according to subsection (5).                 

27      (2) The election inspector shall require an individual who is               

1   not listed on the voter registration list to execute a sworn                

2   statement asserting that the individual submitted a voter                   

3   registration application before the close of registration to a              

4   department of state office, a designated voter registration                 

5   agency, or the office of his or her county, city, or township               

6   clerk, or mailed an application as provided by this act, on or              

7   before the close of registration.  An individual who provides               

8   false information in a signed sworn statement under this                    

9   subsection is guilty of perjury.  An individual signing a sworn             

10  statement shall complete a new voter registration application.              

11  (3) The election inspector shall contact the city or township               

12  clerk to verify whether the individual who signed the sworn                 

13  statement is listed in the registration records of the                      

14  jurisdiction or whether there is any information contrary to the            

15  content of the sworn statement.                                             

16      (4) If the city or township clerk verifies the elector                      

17  information and finds no information contrary to the information            

18  provided by the individual in the sworn statement and the                   

19  individual presents a Michigan operator's or chauffeur's license            

20  or department of state issued personal identification card to               

21  establish his or her identity and residence address, the                    

22  individual shall be permitted to vote a provisional ballot on               

23  election day.  Before the provisional ballot is tabulated on                

24  election day, election inspectors shall process the ballot as a             

25  challenged ballot under sections 745 and 746.                               

26      (5) If the election inspector is not able to contact the city               

27  or township clerk, the individual is not in the correct precinct,           

1   the individual presents identification other than a Michigan

2   operator's or chauffeur's license or department of state issued             

3   personal identification card, or the individual is unable to                

4   present any identification, the individual shall be issued a                

5   provisional ballot that is not tabulated on election day but is             

6   secured for verification after the election.  A provisional                 

7   ballot shall also be issued under this subsection to a voter who            

8   presents a Michigan operator's license, chauffeur's license, or             

9   department of state personal identification card that does not              

10  bear the voter's current residence address, if the voter also               

11  presents a document to establish the voter's current residence              

12  address.  The election inspector shall accept a document                    

13  containing the name and current residence address of the voter as           

14  sufficient documentation to issue a provisional ballot if it is 1           

15  of the following documents:                                                 

16      (a) A current utility bill.                                                 

17      (b) A current bank statement.                                               

18      (c) A current government paycheck, government check, or other               

19  government document.                                                        

20      (6) A provisional ballot shall be placed in a provisional                   

21  ballot return envelope prescribed by the secretary of state and             

22  delivered to the city or township clerk after the polls close in            

23  a manner as prescribed by the secretary of state.                           

24      (7) For a provisional ballot voted under subsection (4), the                

25  election inspector shall provide the voter with a notice that his           

26  or her ballot has been tabulated.  For a provisional ballot voted           

27  under subsection (5), the election inspector shall provide the              

1   voter with a notice that the voter's information will be verified           

2   by the clerk of the jurisdiction or secretary of the school board           

3   within 6 days after the election to determine if the ballot will            

4   be tabulated and, that if the ballot is not tabulated, the reason           

5   it was not tabulated.  A clerk of a jurisdiction or secretary of            

6   the school board shall provide a free access system for the voter           

7   to determine whether the ballot was tabulated.  The free access             

8   system may include a telephone number that does not require a               

9   toll charge, a toll-free telephone number, an internet website,             

10  or a mailed notice.                                                         

11      (8) As used in this section and sections 813 and 829,                       

12  "provisional ballot" means a special ballot utilized for an                 

13  individual who is not listed on the voter registration list at              

14  the polling place that is tabulated only after verification of              

15  the individual's eligibility to vote.

16      Sec. 686.  Within 24 hours after the conclusion of the state                

17  convention  prior to any before a general election, the state              

18  central committee of each political party shall canvass the                 

19  proceedings of the convention and determine the nominees of the             

20  convention.  Not more than 1 business day after the state                   

21  convention, the chairperson and secretary of the state central              

22  committee shall forward  to the board of election commissioners             

23  of each county, in care of the county clerk at the county seat,             

24  and  to the secretary of state  ,  a typewritten or printed list            

25  of the names and residence, including the street address if                 

26  known, of all candidates nominated at the state convention.  In             

27  each presidential election year, the state central committee of             

1   each political party shall, at the same time, forward  to the               

2   board of election commissioners of each county and  to the                  

3   secretary of state the typewritten or printed names of the                  

4   candidates of  such that party  at the forthcoming election  for           

5   the offices of president of the United States and vice-president            

6   of the United States certified to by the chairman and secretary             

7   of the committees.  A party is not required to certify                      

8   nominations made at an official primary election.  The secretary            

9   of state shall forward a copy of a list received under this                 

10  section to the board of election commissioners of each county, in           

11  care of the county clerk at the county seat.

12      Sec. 735.   At every primary and election, 1 poll book and 1                

13  poll list shall be kept by the inspectors of election.  In each             

14  such poll book and list there shall be entered the names of all             

15  electors who are given official ballots, and at the time of                 

16  entering each such name there shall be placed on the same line              

17  and immediately following said name the number of the ballot or             

18  ballots given such elector.  The names of the electors shall be             

19  entered in the poll book and list in the order in which such                

20  electors are given ballots.  The name of an absent voter and the            

21  number of his ballot shall be entered in the poll book and list             

22  at the time his marked ballot or ballots are taken by the                   

23  inspector from the sealed envelope, as provided by law.  The                

24  numbers on all metal seals used to seal all voting machines,                

25  ballot boxes and ballot bags at the completion of the precinct              

26  canvass shall be recorded on the certificate provided in the poll           

27  book and this certificate shall be signed by all members of the             

1   board of inspectors.

2   (1) At each primary and election, election inspectors shall                 

3   keep 1 poll book and 1 poll list.  An election inspector shall              

4   enter in the poll book, in the order in which electors are given            

5   ballots, the name of each elector who is given a ballot and                 

6   immediately after the name, on the same line, shall enter the               

7   number of the ballot given to the elector.  For an absent voter             

8   ballot, when an election inspector removes the ballot from the              

9   sealed absent voter envelope, the election inspector shall enter            

10  in the poll book the name of the absent voter and the number of             

11  the ballot.                                                                 

12      (2) If an elector is issued a provisional ballot, an                        

13  election inspector shall enter a proper designation in the poll             

14  book, including whether the provisional ballot was tabulated in             

15  the precinct or was secured for verification after the election.            

16      (3) At the completion of the precinct canvass, an election                  

17  inspector shall record on the certificate provided in the poll              

18  book the number of each metal seal used to seal voting equipment            

19  and ballot containers.  Each member of the board of election                

20  inspectors shall sign the certificate.

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

22  under sections 794 to 799a shall meet all of the following                  

23  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                   

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 equipment            

9   that can detect that the choices recorded on an elector's ballot            

10  for an office or a question exceeds the number that the elector             

11  is entitled to vote for on that office or question shall be

12  located at each polling place and  shall be  programmed to reject           

13  a ballot containing that type of an error.  If a choice on a                

14  ballot is rejected as provided in this subdivision, an elector              

15  shall be given the opportunity to have that ballot considered a             

16  spoiled ballot and to vote another ballot.                                  

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

18  single selection to vote for the candidates of a party for                  

19  president, vice-president, and presidential electors.                       

20      (d) Permit an elector in a primary election to vote for the                 

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

22  as otherwise provided in this subdivision, the electronic                   

23  tabulating equipment shall reject each ballot on which votes are            

24  cast for candidates of more than 1 political party.  Electronic             

25  tabulating equipment that can detect that the elector has voted             

26  for candidates of more than 1 political party shall be located at           

27  each polling place and programmed to reject a ballot containing             

1   that type of an error.  If a choice on a ballot is rejected as              

2   provided in this subdivision, an elector shall be given the                 

3   opportunity to have that ballot considered a spoiled ballot and             

4   to vote another ballot.                                                     

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

6   than once for the same office.                                              

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

8   Electronic tabulating equipment shall be programmed to reject a             

9   ballot on which no valid vote is cast.                                      

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

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

12  efficiency.                                                                 

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

14  or a person with 1 or more disabilities.                                    

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

16  cast.                                                                       

17      (j) Provide an audit trail.                                                 

18      (k) Provide an acceptable method for an elector to vote for a               

19  person whose name does not appear on the ballot.                            

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

21  in the jurisdiction.  The accumulation software must meet                   

22  specifications prescribed by the secretary of state and must be             

23  certified by the secretary of state as meeting these                        

24  specifications.                                                             

25  (m) Be compatible with or include at least 1 voting device                  

26  that is accessible for an individual with disabilities to vote in           

27  a manner that provides the same opportunity for access and                  

1   participation, including secrecy and independence, as provided              

2   for other voters.  The voting device shall include nonvisual                

3   accessibility for the blind and visually impaired.

4       (2) Electronic tabulating equipment that counts votes at the                

5   precinct before the close of the polls shall provide a method for           

6   rendering the equipment inoperable if vote totals are revealed              

7   before the close of the polls.  Electronic tabulating equipment             

8   that tabulates ballots, including absentee ballots, at a central            

9   location shall be programmed to reject a ballot if the choices              

10  recorded on an elector's ballot for an office or a question                 

11  exceed the number that the elector is entitled to vote for on               

12  that office or question, if no valid choices are recorded on an             

13  elector's ballot, or if, in a primary election, votes are                   

14  recorded for candidates of more than 1 political party.                     

15      (3) Beginning January 1, 2006, each jurisdiction in this                    

16  state conducting an election shall equip each polling place with            

17  at least 1 accessible voting device as required under subsection            

18  (1)(m).

19      Sec. 798c.  (1) Absentee votes may be cast on paper ballots                 

20  or ballot cards or both.  Absent voter ballots may be counted in            

21  the various voting precincts or may be counted by absent voter              

22  counting boards.  Absentee votes cast on paper ballots may be               

23  recorded by election  inspections inspectors on ballot cards for           

24  counting by tabulating equipment.                                           

25      (2) In an election held under this act, absent voters'                      

26  ballots may be voted and processed in the manner provided by this           

27  chapter.                                                                    

1   (3) If electronic tabulating equipment rejects an absent                    

2   voter ballot due to programming required under section 795, the             

3   rejected ballot shall be inspected to confirm the presence of the           

4   error before the ballot is processed.  A vote for each elective             

5   office or ballot question in which an error is confirmed shall              

6   not be counted.

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

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

9   mark, or stamp.                                                             

10      (2) If the electronic voting system requires that the elector               

11  cast a vote by punching out a hole in a ballot, the vote shall              

12  not be considered valid unless the portion of the ballot                    

13  designated as a voting position is completely removed or is                 

14  hanging by 1 or 2 corners or the equivalent.                                

15      (3) If the electronic voting system requires that the elector               

16  cast a vote by marking or stamping place a mark in a predefined           

17  area on the ballot in order to cast a vote, the vote shall not be           

18  considered valid unless there is a mark  or stamp  within the               

19  predefined area.  and it is clearly evident that the intent of              

20  the voter was to cast a vote.  In determining intent of the                 

21  voter A stray mark made within a predefined area is not a valid            

22  vote.  In determining whether a mark within a predefined area is            

23  a stray mark, the board of canvassers or election official shall            

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

25  or stamps  appearing on the ballot.  The secretary of state                

26  shall issue instructions relevant to stray marks to ensure the              

27  fairness and uniformity of determinations made under this                   

1   subsection.  A secretary of state's instruction relevant to stray           

2   marks shall not be applied to a ballot unless the secretary of              

3   state issued the instruction not less than 63 days before the               

4   date of the election.

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

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

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

8   their original seal after 7 days following the final                        

9   determination of the board of canvassers with respect to the                

10  election at which the ballots were voted.  However, the released            

11  materials shall be secured and preserved for the time period                

12  required by this act and the rules promulgated by the secretary             

13  of state.                                                                   

14      Sec. 803.  (1) Except as otherwise provided in this act, the                

15  following rules  shall  govern the counting and recounting of               

16  votes:                                                                      

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

18  ballot that the ballot has been mutilated for the purpose of                

19  distinguishing it or that there has been placed on the ballot               

20  some mark, printing, or writing for the purpose of distinguishing           

21  it, then that ballot is void and shall not be counted.                      

22      (b) A cross, the intersection of which is within or on the                  

23  line of the proper circle or square, or a check mark, the angle             

24  of which is within a circle or square, is valid.  Crosses or                

25  check marks otherwise located on the ballot are void.                       

26      (c) Marks other than crosses or check marks used to designate               

27  the intention of the voter shall not be counted.                            

1       (d) A cross is valid even though 1 or both lines of the cross               

2   are duplicated, if the lines intersect within or on the line of             

3   the square or circle.                                                       

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

5   circle, although not crossing each other, are valid if it is                

6   apparent that the voter intended to make a cross.                           

7       (f) A failure to properly mark a ballot as to 1 or more                     

8   candidates does not alone invalidate the entire ballot if the               

9   ballot has been properly marked as to other candidates, unless              

10  the improper marking is determined to be a distinguishing mark as           

11  described in this subsection.                                               

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

13  in a manner frequently used for this purpose shall not be                   

14  considered distinguishing marks or mutilations.                             

15      (h) Any ballot or part of a ballot from which it is                         

16  impossible to determine the elector's choice of candidate is void           

17  as to the candidate or candidates affected by that                          

18  determination.                                                              

19      (i) Any votes cast for a deceased candidate are void and                    

20  shall not be counted, except that votes cast for a candidate for            

21  governor who has died, and for whom a replacement has not been              

22  made, shall be counted for the candidate for lieutenant governor            

23  of that party.                                                              

24      (j) All ballots cast that are not counted shall be marked by                

25  the inspector "not counted", kept separate from the others by               

26  being tied or held in 1 package, and placed in the ballot box               

27  with the counted ballots.                                                   

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

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

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

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

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

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

7   written, or placed.                                                         

8       (2) If an electronic voting system requires that the elector                

9   place a mark in a predefined area on the ballot in order to cast            

10  a vote, the vote shall not be considered valid unless there is a            

11  mark within the predefined area.  and it is clearly evident that            

12  the intent of the voter was to cast a vote.  In determining                 

13  intent of the voter A stray mark made within a predefined area             

14  is not a valid vote.  In determining whether a mark within a                

15  predefined area is a stray mark, the board of canvassers or                 

16  election official shall compare the mark with other marks                   

17  appearing on the ballot.  The secretary of state shall issue                

18  instructions relevant to stray marks to ensure the fairness and             

19  uniformity of determinations made under this subsection.  A                 

20  secretary of state's instruction relevant to stray marks shall              

21  not be applied to a ballot unless the secretary of state issued             

22  the instruction not less than 63 days before the date of the                

23  election.

24  Sec. 813.  (1) Within 6 days after the election, for each                   

25  provisional ballot that was placed in a provisional ballot return           

26  envelope, the city or township clerk shall determine whether the            

27  individual voting the provisional ballot was eligible to vote a             

1   ballot and whether to tabulate the provisional ballot.  In making           

2   this determination, the city or township clerk shall not open the           

3   provisional ballot return envelope.  A provisional ballot shall             

4   only be tabulated if a valid voter registration record for the              

5   elector is located or if the identity and residence of the                  

6   elector is established using a Michigan operator's license,                 

7   chauffeur's license, or personal identification card along with a           

8   document to establish the voter's current residence address as              

9   provided in section 523a(5).                                                

10      (2) Within 7 days after the election, but sooner if                         

11  practicable, the city or township clerk shall transmit the                  

12  results of provisional ballots tabulated after the election to              

13  the board of county canvassers.  The results shall be transmitted           

14  in a form prescribed by the secretary of state.                             

15      (3) Within 7 days after the election, the city or township                  

16  clerk shall transmit to the county clerk a provisional ballot               

17  report for each precinct in the jurisdiction.  The report shall             

18  include for each precinct the number of provisional ballots                 

19  issued, the number of provisional ballots tabulated on election             

20  day, the number of provisional ballots forwarded to the clerk to            

21  be determined after the election, the number of provisional                 

22  ballots tabulated by the clerk after election day, and any                  

23  additional information concerning provisional ballots as required           

24  by the secretary of state.                                                  

25      Sec. 829.  (1) The board of county canvassers shall include                 

26  the results of the tabulated provisional ballots in the canvass             

27  of the election following procedures prescribed by the secretary            

1   of state designed to maintain the secrecy of the ballot.                    

2       (2) Within 14 days after a primary or election, the county                  

3   clerk shall transmit a county provisional ballot report to the              

4   secretary of state.  The county provisional ballot report shall             

5   be in a manner prescribed by the secretary of state.  After the             

6   secretary of state receives a county provisional ballot report,             

7   the county provisional ballot report shall be immediately                   

8   available for public inspection.

9       Sec. 842.  (1) The board of state canvassers, for the                       

10  purpose of canvassing the returns and ascertaining and                      

11  determining the result of  any such an election, shall meet at             

12  the office of the secretary of state on or before the twentieth             

13  day after  such the election.  The secretary of state shall                

14  appoint the day of  such the meeting and shall notify the other            

15  members of the board.  thereof.  The board  shall have has power           

16  to adjourn from time to time to await the receipt or correction             

17  of returns, or for other necessary purposes, but shall complete             

18  the canvass and announce their determination  thereof  not later            

19  than the fortieth day after  such the election.  :  Provided,              

20  That the The board may at the time of its meeting, or an                   

21  adjournment  thereof of its meeting, canvass the returns for any           

22  office  where for which the complete returns  for that office

23  have been received.                                                         

24  (2) If the unofficial election returns show that the election               

25  of electors of president and vice president is determined by a              

26  vote differential between the first place and second place                  

27  candidates for president and vice president of the United States            

1   of less than 25,000 votes, the secretary of state shall direct              

2   the boards of county canvassers to canvass returns for electors             

3   of president and vice president on an expedited schedule.  The              

4   secretary of state shall direct the boards of county canvassers             

5   to complete the statements for electors of president and vice               

6   president required by section 824 and certify the statements as             

7   required by section 828 to the secretary of state by the seventh            

8   day after the election or by a date before the fourteenth day               

9   after the election.                                                         

10      (3) The secretary of state shall appoint the day for the                    

11  board of state canvassers to conduct the expedited canvass of the           

12  returns for electors of president and vice president and                    

13  determine the results of that election.  The day appointed for              

14  the expedited canvass shall be as soon as practicable after                 

15  receipt of the returns from the boards of county canvassers, but            

16  no later than the twentieth day after the election.

17      Enacting section 1.  Sections 509, 509a, and 509y of the                    

18  Michigan election law, 1954 PA 116, MCL 168.509, 168.509a, and              

19  168.509y, are repealed.