September 14, 2006, Introduced by Rep. Stewart and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 24a, 30g, 307, 308, 323, 347, 355, 360, 426c,
426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL
168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355,
168.360, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809,
168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section
24a as amended by 1982 PA 154, sections 307 and 308 as added by
2003 PA 302, section 426f as amended by 1990 PA 32, sections 809
and 868 as amended by 1995 PA 261, section 826 as amended by 2003
PA 119, and section 867 as amended by 1980 PA 200; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 24a. (1) A 4-member board of county canvassers is
established in every county in this state. All of the powers
granted to and duties required by law to be performed by all boards
of canvassers established by law, other than the board of state
canvassers ,
boards of city canvassers in cities having more than
5
precincts, and boards of canvassers in counties having a
population
of 1,500,000 or more, and boards of township canvassers
in
townships having more than 5 precincts, are granted to and
required to be performed by the board of county canvassers. The
board of county canvassers shall conduct all recounts of elections
in cities, townships, villages, school districts, or any other
districts and be vested with all of the powers and required to
perform all the duties in connection with any recount. If a city,
village, school district, or any other district lies in more than 1
county, and a duty is to be performed by the board of county
canvassers, the board of county canvassers in the county in which
the greatest number of registered voters of the city, village, or
district resides at the close of registration for the election
involved shall perform the duty. The cost of canvass of school,
city, township, and village elections shall be borne by the school
district, city, township, or village holding the election, and upon
presentation of a bill for the costs incurred by the board of
county canvassers, the school district, city, township, or village
shall reimburse the county treasurer.
(2) All boards of canvassers provided for in law including
boards of school canvassers, the duties of which are by this act
required to be performed by boards of county canvassers, are
abolished.
(3) Members of the board of county canvassers shall be
appointed for terms of 4 years beginning on November 1 following
their appointment. Of the members first appointed, 1 member of each
of
the political parties represented on the canvassing board
of
county canvassers shall be appointed for a term of 4 years and 1
for
a term of 2 years. Members The county clerk shall notify
members
of the board shall
be notified of county
canvassers of
their
appointment within 5 days thereafter by the county clerk of
being appointed.
(4)
This section shall apply applies to all elections,
any
charter provision to the contrary notwithstanding.
Sec.
30g. Whenever If a board of canvassers
created under
this act is required to perform its statutory duties and because of
illness or absence of members of the board of canvassers a quorum
is not present, the clerk of the political subdivision may appoint
a sufficient number of temporary members to constitute a quorum. If
the vacancy is on the board of county canvassers, the appointment
shall be made by the county clerk from party recommendations on
file,
if available. If the vacancy is on the board of city or
township
canvassers, the appointment shall be made from
applications
on file, if available. The appointments shall be of
the same political party as the ill or absent members of the board
of
canvassers. Any
A temporary appointee to the board of
canvassers must possess all of the qualifications required for
regular membership on that board of canvassers. Temporary
appointees shall serve only until the business on hand has been
transacted.
Sec. 307. (1) The appropriate board of county canvassers as
prescribed
in section 24a or 30a shall canvass the votes for
candidates for school board member and votes for and against a
ballot question at a regular or special election in each school
district. That number of candidates equal to the number of
individuals to be elected who receive the greatest number of votes
cast at the election, as set forth in the report of the board of
county canvassers canvassing the votes, based upon the returns from
the election precincts or as determined by the board of county
canvassers as a result of a recount, are elected to the office of
school board member. Upon completion of the canvass, the board of
county canvassers shall make a statement of returns and certify the
election of school board members to the secretary of the school
board, the county clerk, and, if other than the county clerk, the
school district election coordinator.
(2) The votes cast for a candidate for school board member or
on a ballot question submitted to the electors at a school election
are subject to recount as provided in chapter XXXIII. An individual
elected to the office of school board member is subject to recall
as provided in chapter XXXVI and in section 8 of article II of the
state constitution of 1963.
Sec. 308. A local official who receives the certification of
the board of county canvassers under section 307 shall preserve and
file in his or her office the certified statement of returns and
certification of the board of county canvassers of the result of
the
election. The city, township, or county
clerk who is the
secretary to the board of county canvassers canvassing the school
board election shall immediately execute and provide to the
individuals declared elected to the office of school board member a
certificate of election.
Sec.
323. It shall be is the duty of the board of
city
election commissioners to prepare the primary ballots to be used by
the
electors. The returns shall be canvassed by the board of city
county canvassers and the results certified to the board of city
election
commissioners, who shall thereupon prepare and furnish
ballots for the ensuing election. The printing and distribution of
ballots, equipment, and supplies, the conduct of the primary and
election, the canvass and certification of the returns, and all
other particulars shall be in accordance, as nearly as may be, with
the provisions of this act governing general primaries and
elections.
Sec.
347. Except as herein otherwise provided, the laws
governing nominating petitions, the conduct of general primary
elections, the furnishing of ballots, and the depositing, counting,
and
canvassing of the same, ballots shall, as near as
may be,
apply
to primaries held under the provisions of this chapter. In
case
of recounts, said recounts Recounts
shall be conducted by the
township
board of county
canvassers ;
and all duties which
that, under the parts of this act relating to general elections or
primary
elections, devolve fall upon the county clerk ,
shall
be performed by the township clerk.
Sec. 355. (1) The candidate or candidates of each political
party to a township office receiving the greatest number of votes
cast
for candidates of said that
office, as set forth in the
report
of the township board of county canvassers,
based on the
returns from the various election precincts, or as determined by
the board of county canvassers as the result of a recount, shall be
declared
the nominee or nominees of that political party for said
that
office at the next ensuing November
election. The township
board
of county canvassers shall certify such
the nomination or
nominations
to the township clerk within 48 hours after the
closing
of the polls
close.
(2) Within 4 days following the primary, the township clerk
shall deliver to the county clerk a list setting forth the names,
addresses, political affiliation, and office sought of all
candidates nominated at the primary.
Sec. 360. The township clerk shall file in his or her office
and preserve the original statement and determination of the
township
board of county
canvassers of the results of the
election. and
The township clerk shall forthwith immediately
execute
and cause to be delivered deliver to
the persons thereby
declared to
be elected to township offices a properly certified
certificate
of election. , certified by him.
Sec. 426c. (1) A general nonpartisan primary election shall be
held
in every municipality described in section 426a , on
the
Tuesday succeeding
after the first Monday in August preceding
any
before a general November election. ,
at which
(2) At the general nonpartisan primary election, judges of the
municipal
courts of record therein are to be elected ;
at which
time
and the qualified and registered voters may vote for
nonpartisan
candidates for the office of judge of
such the
municipal court of record.
(3) If , upon the expiration of the time for filing
petitions ,
for the primary election of the municipal judge or
judges
in any municipality , there are not to exceed twice the
number of candidates than persons to be elected, then the city
clerk
shall certify through the city board of county
canvassers
the names of the candidates for judge of the municipal court of
record
whose petitions have been properly filed. , who These
candidates shall be the certified nominees for judges of the
municipal
court of record. and shall be so certified, In
addition,
there shall not be no
a primary election , for
this
office, and it shall be omitted from the official primary ballot.
Sec. 426f. (1) The candidates for the office of judge of the
municipal court of record receiving the largest number of votes at
any primary election, to a number equal to twice the number of
persons
to be elected, as set forth in the report of the city
board
of county canvassers, based on returns
from the various
local
boards of canvassers and election precincts, shall be
declared the nominees for the office of judge of the municipal
court of record at the next general election.
(2) If, after the deadline for filing nominating petitions
under section 426d, there are fewer candidates for nomination or
nominees for the office of judge of a municipal court of record
than there are persons to be elected at the general November
election because of the death or disqualification of a candidate
more than 65 days before the general November election, then a
person, whether or not an incumbent, may qualify as a nominee for
that office at the general November election by filing nominating
petitions as required by section 426d. However, the filing shall be
made before 4 p.m. on the twenty-first day following the death or
disqualification of the candidate or 4 p.m. on the sixtieth day
preceding
before the general November election, whichever is
earlier, and the minimum number of signatures required is 1,000 or
1/2 the minimum number required under section 426d, whichever is
less.
(3) The city clerk shall certify the nomination of each person
who qualifies as a nominee under subsection (2) to the board of
election commissioners of the city for the general November
election.
Sec.
426l. The city board of county
canvassers shall
determine which candidates for judge of the municipal court of
record received the highest number of votes and on that basis shall
declare the candidates duly elected, specifying the terms to which
each
was elected. The board of county
canvassers shall forthwith
immediately
make and subscribe on its statements
statement of
returns
a certificate of such the
determination and deliver it to
the city clerk.
Sec.
792. (1) Whenever If it shall
appear appears that
there is a discrepancy in the returns of any election district, the
board
of county canvassers,
of the county, if it be a general
election
at which county or state officers are elected, or the
board
of canvassers of the city, village or township, if it be a
city,
village or township election at which city, village or
township
officers only are elected, or the authorized
representatives
of such the
board of county canvassers, shall
make a record of the number of the seal, if any, the number on the
protective counter, if one is provided, and shall open the counter
compartment
of said the
machine, and without unlocking the
machine
against voting, shall re-canvass the vote cast thereon on
the
machine. Before making such
the re-canvass, the said board
of county canvassers shall give sufficient notice in writing to the
clerk
of the time and place where said the
re-canvass is to be
made.
(2) If upon
such re-canvass
it shall be is found that the
original canvass of the returns has been correctly made from the
machine, and that the discrepancy still remains unaccounted for,
the clerk or authorized assistant of the clerk, in the presence of
the
election inspectors
of election and
the said board of
county canvassers, shall unlock the voting and counting mechanism
of said
the machine and shall proceed to thoroughly examine and
test the machine to determine and reveal the true cause or causes,
if
any, of the discrepancy in the return from said the machine.
(3) Before testing the machine, the counters in the party row
or column in which the discrepancy is alleged to have occurred
shall
be set at zero after which each of
such the counters
shall
be operated at least 100 times.
(4) After the completion of said
the examination, the clerk
or authorized assistant of the clerk shall then and there prepare a
statement
in writing giving the result thereof of the test, and
said
the statement shall be witnessed by the persons present
and
shall
be filed with the board of county
canvassers. Any
(5) A candidate voted for at any election who conceives
himself or herself aggrieved on account of any fraud, error, or
mistake in the canvass of the vote by the election inspectors or in
the
returns made by the election inspectors
of election, may
file
a written petition for a recount with the board of county
canvassers. ,
as provided in cases where voting machines are not
used.
Sec. 806. (1) The election inspectors shall then prepare
duplicate statements of the returns showing the whole number of
votes
cast for all offices voted for which that are to be
canvassed by the board of county canvassers, the names of the
persons
for whom such the votes were given, and the number each
person
received. , and The
election inspectors shall also prepare
duplicate statements of the results on any proposed constitutional
amendment or other propositions submitted to the voters at the
election which
that are to be canvassed by the board of county
canvassers, showing the whole number of votes cast, the number of
votes cast for, and the number of votes cast against the proposed
constitutional amendment or other proposition.
(2) Each member of the board of election inspectors shall sign
the certificate on the statement of returns as to the correctness
of the returns and that the ballots have been packaged, sealed, and
indorsed
in the manner therein specified. Separate
duplicate
returns
shall be completed for all offices, propositions or
questions
which are to be canvassed by a city or township board of
canvassers.
Sec. 809. (1) The board of election inspectors shall seal 1 of
the statement of returns and 1 of the tally sheets or the combined
tally return sheet with a red state election seal in an envelope
and shall address the envelope to the board of county canvassers,
in care of the judge of probate. The board of election inspectors
shall deliver the sealed envelope to the clerk of the township or
city. Upon receipt of the sealed envelope, the township or city
clerk shall immediately deliver the envelope to the person to whom
addressed. The judge of probate shall deliver the sealed envelope
received by him or her to the board of county canvassers when it
meets to canvass the returns.
(2) The board of election inspectors shall seal the other
statement of returns or combined tally and statement, together with
the poll list, in an envelope addressed to the county clerk. The
board of election inspectors shall deliver the sealed envelope to
the clerk immediately upon completion of the count. The county
clerk shall open the envelope at that time, compile unofficial
returns, and make the returns in the envelope available to the
public. The office of the county clerk shall be open on election
day for election purposes and shall remain open until the last
returns have been received and the clerk completes an unofficial
tabulation.
(3) If
a city or township election to be canvassed by a board
of
city or township canvassers is held at a time at which no
election
returns must be forwarded to the board of county
canvassers,
the board of election inspectors shall return all poll
books,
tally sheets, and returns to the city or township clerk. The
city
or township clerk shall perform the duties required in this
section
of the county clerks. If a local election to be canvassed
by the board of county canvassers is not held in conjunction with a
county or state election, the board of election inspectors shall
deliver both sealed envelopes to the local clerk. The local clerk
shall deliver both sealed envelopes to the county clerk before 11
a.m. on the day following the election. In a city or township
election, in which the city or township consists of more than 5
precincts, held in conjunction with an election to be canvassed by
the board of county canvassers, the board of election inspectors
shall deliver the duplicate returns required by section 806 to the
city or township clerk.
Sec. 822. (1) The board of county canvassers shall then
proceed without delay to canvass the returns of votes cast for all
candidates for offices voted for and all questions voted on at
said
the election, according to the precinct returns filed
with
the probate judge or presiding probate judge by the several city
and township clerks, or in case of local elections according to the
precinct returns filed with the county clerk, and shall conclude
such
the canvass at the earliest possible time and in every
case
within 14 days.
(2) Should
If the board
fail of county canvassers fails to
certify the results of any election for any officer or proposition
within
the 14 days as provided, or fail to certify results
forwarded
to them from any city or township election, as provided
in
section 30e, within 7 days of the receipt of that record, they
the board of county canvassers shall immediately deliver to the
secretary
of the state board of state
canvassers all records and
other
information pertaining thereto to the election. The board
of
state canvassers shall meet forthwith immediately and make the
necessary determinations and certify the results within the 10 days
immediately
following the receipt of the records from the county
board of county canvassers. The cost of such the canvass
shall be
borne by the county involved.
Sec. 823. (1) If it is found, upon the convening of the board
of county canvassers, that the returns from any of the boards of
election inspectors of the several election precincts are missing,
incomplete, or incorrect, or for any other reason it is found
necessary, then the board of county canvassers shall have power to
adjourn from day to day until the returns shall have been procured
or corrected.
(2) The board of county canvassers are
is empowered to
summon the persons having the boxes containing the ballots cast at
the election and the keys and seals of the boxes, or having the
returns or the poll lists or tally sheets used and made at the
elections, to bring the boxes, keys, seals, returns, poll lists,
and tally sheets before the board of county canvassers, and the
board
of county canvassers
are is
authorized to open the boxes
and
take therefrom any books or papers bearing
upon the count and
return of the election inspectors of the election precincts, but
they
the board of county canvassers
shall not remove or mark the
ballots. therein.
(3) The board of county canvassers shall correct obvious
mathematical
errors in the tallies and returns.
and, when deemed
The board of county canvassers may, if necessary for a proper
determination, may
summon the election inspectors before them, and
require
them designate staff members
from the county clerk's
office
to count any ballots which
they that the election
inspectors failed to count, to make correct returns in case, in the
judgment of the board of county canvassers after examining the
returns, poll lists, or tally sheets, the returns already made are
incorrect or incomplete, and the board of county canvassers shall
canvass the votes from the corrected returns. When the examination
of the papers is completed, or the ballots have been counted, they
shall be returned to the ballot boxes or delivered to the persons
entitled by law to their custody, and the boxes shall be locked and
sealed
and delivered to the legal custodians.
thereof.
Sec.
826. (1) Except as otherwise provided in this
subsection,
the The board of county canvassers shall determine and
declare the result of the election for county and local officers,
and
for all county and local ballot questions. If a city or
township
has more than 5 precincts, the board of city or township
canvassers
shall canvass votes for city or township officers and
ballot
questions. If a state senatorial or representative district
is located solely within 1 county, the board of county canvassers
shall determine and declare the result of the election for that
office. Upon making the determination under this subsection, the
board of county canvassers shall prepare a certificate of
determination and deliver the properly certified certificate of
determination to the county clerk. If the determination relates to
a state senatorial or representative district located solely within
1 county, the board of county canvassers shall also deliver the
properly certified certificate of determination to the board of
state canvassers.
(2) Upon receipt of a properly certified certificate of
determination from a board of county canvassers under subsection
(1), the county clerk shall file the certificate in his or her
office. The county clerk may have a statement of the total county
or district votes cast for the various candidates and the total
vote cast for and against the various ballot questions at the
election to be published in at least 1 newspaper printed or
circulated in that county. The county clerk shall immediately
execute and deliver to the persons declared elected, a properly
certified certificate of election.
Sec.
866. Such petitions for recount, be such Recount
petitions for an office or proposition, other than those filed with
the state
board of canvassers secretary
of state, shall be filed
with
the clerk of the board of county canvassers
, which board
that
originally conducted the canvass. In
all cases, such recount
petitions shall be filed within 6 days after the original canvass
has
been completed by the county, city, township, village or
district
board of county
canvassers. A copy of any
such the
recount petition shall also be filed with the secretary of state
within 2 days after the time the original petition is filed with
the
board of county canvassers as provided in this section. In
case
the office or proposition in question be a city, ward,
township,
village or district office or proposition, a copy of such
petition
shall not be filed with the secretary of state, but a copy
shall
be transmitted within 24 hours to the clerk of the board of
county
canvassers by the appropriate local clerk if the recount fee
has
been paid.
Sec.
867. (1) The A
candidate or elector filing a recount
petition pursuant to section 862 or 863 shall file the recount
petition
with the clerk of the correct
appropriate board of
county
canvassers. shall
at At the same time of
filing the
recount petition, the petitioner shall deposit with the clerk the
sum of $10.00 for each precinct referred to in his or her recount
petition.
(2) If, by reason of the recount, the petitioner establishes
sufficient fraud or mistake as set forth in his or her recount
petition to change the result of the election and receives a
certificate of election or establishes sufficient fraud or mistake
to
change the result , upon an amendment or proposition, the
votes
for and against , which were recounted, the clerk of the
board
of county canvassers shall refund the
money deposited by to
the
petitioner. shall be refunded.
(3) If the petitioner does not establish a fraud or mistake as
set forth in his or her recount petition, the sum deposited shall
be
paid by the clerk of the board of county , city, township, or
village
canvassers to the treasurer of the county. ,
city,
township,
or village.
Sec. 868. (1) If a candidate has filed a recount petition and
made
the deposit under sections 862 and
866 867,
the clerk of the
board of county canvassers shall give notice of the recount
petition to the opposing candidates described in this subsection
within 24 hours after filing of the recount petition by delivering
to each candidate a copy of the recount petition, or, if the
candidate cannot be found, by leaving a copy at the candidate's
last known place of residence with a member of the candidate's
immediate family of suitable age. If a member of the candidate's
family cannot be found, the clerk of the board of county canvassers
may give notice by posting the recount petition in a conspicuous
place at the candidate's last known place of residence. The clerk
of the board of county canvassers is not required to give notice to
candidates other than the 2 candidates who, according to the return
of the board of county canvassers, received the lowest number of
votes among those candidates who were nominated or elected, and the
2 candidates who, according to the return of the board of county
canvassers, received the highest number of votes among those
candidates who were not nominated or elected.
(2) A candidate may file a counter petition in the same manner
as the original petition under section 866 within 48 hours after
the original recount petition was filed with the board of county
canvassers. At the time of filing the counter petition, the counter
petitioner shall deposit the sum of money as required in section
866
867 for the original petitioner. The clerk of the board
of
county canvassers shall refund to the counter petitioner the money
deposited by the counter petitioner if the original petitioner does
not
establish fraud or receive a certificate of election. Except
as
otherwise provided in this subsection, the The counter
petitioner shall file a copy of the counter petition with the
secretary of state within 4 days after the time the original
petition
is filed with the proper appropriate
board of county
canvassers
as provided in this section. If the office or ballot
question
in question is a city, township, ward, village, or
district
office or ballot question, the counter petitioner is not
required
to file a copy of the counter petition with the secretary
of
state.
(3) On or before 4 p.m. of the seventh day after a recount
petition has been filed under section 866, an opposing candidate
may file objections to the recount petition with the appropriate
board of county canvassers. The opposing candidate shall set forth
his or her objections to the recount petition in writing. Upon
receipt of an objection under this subsection, the board of county
canvassers shall notify the petitioner and the objecting candidate
of the date of the hearing of the board of county canvassers to
consider the objections. The board of county canvassers shall allow
the recount petitioner and the objecting candidate to present oral
or written, or both, arguments on the objections raised to the
recount petition at the hearing. Not later than 5 business days
following the hearing, the board of county canvassers shall rule on
the objections raised to the recount petition. The board of county
canvassers shall not begin a recount unless 2 or more business days
have elapsed since the board of county canvassers ruled on the
objections under this subsection, if applicable.
(4) If the time designated for filing a recount petition under
this section falls on a Saturday, Sunday, or legal holiday, the
recount petition may be filed on the next succeeding business day.
Failure of the clerk of the board of county canvassers or the
secretary of state to give notice to the opposing candidate as
required in this section shall not affect the results of the
recount.
Enacting section 1. Sections 30a to 30e of the Michigan
election law, 1954 PA 116, MCL 168.30a to 168.30e, are repealed.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 6507(request no.
06091'06 a).
(b) Senate Bill No.____ or House Bill No. 6508(request no.
06091'06 b).