HOUSE BILL No. 6510

 

September 14, 2006, Introduced by Rep. Taub and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 874 (MCL 168.874), as amended by 1995 PA 261.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 874. (1) Pursuant to this chapter, the board of

 

canvassers conducting the recount shall reject all previous returns

 

from the precincts, townships, or wards, except the returns from a

 

precinct that cannot be recounted as to that candidate or ballot

 

question pursuant to section 871. In a public place where the

 

candidates or persons interested in the ballot question and their

 

counsel may be present, if they so desire, the board of canvassers

 

shall proceed in the manner prescribed in section 871. If

 

applicable, the board of canvassers shall open the ballot boxes

 

from the precincts, townships, or wards, and the rolls or packages


 

of ballots in the ballot boxes, and to make a recount of the

 

ballots as to the candidates or ballot question. Upon completion of

 

the recount, the board of canvassers shall make a full, complete,

 

and correct return in writing, showing the full number of votes

 

given to each candidate, or the total number of votes cast for and

 

against any ballot question, written out in words and figures.

 

     (2) The board of canvassers shall conduct the recount so that

 

the complete procedure may be observed and noted by the candidates

 

or persons interested in the ballot question, their counsel, and

 

not to exceed 1 watcher and 1 tallier at each table to check the

 

work of the recount clerks. The secretary of state shall develop

 

instructions consistent with this act for conducting a recount

 

pursuant to this subsection. All votes cast, whether for candidates

 

or ballot questions, shall be recounted in the following manner:

 

     (a)  The  Subject to subsection (3), the ballots from any

 

given precinct shall first be counted and the total compared with

 

the number of ballots issued on election day as shown on the poll

 

list. If the first count of the number of ballots and the number of

 

ballots issued on election day as shown on the poll list do not

 

match, the ballots from that precinct shall be counted a second

 

time and the total compared with the number of ballots issued on

 

election day as shown on the poll list. If the second count of the

 

number of ballots and the number of ballots issued on election day

 

as shown on the poll list do not match, those ballots shall not be

 

recounted as provided in section 871. If the second count of the

 

number of ballots and the number of ballots issued on election day

 

as shown on the poll list match, the ballots from that precinct


 

shall be counted a third time and the total compared with the

 

number of ballots issued on election day as shown on the poll list.

 

If the third count of the number of ballots and the number of

 

ballots issued on election day as shown on the poll list do not

 

match, those ballots shall not be recounted as provided in section

 

871.

 

     (b) If the first count described in subdivision (a) or the

 

second and third counts described in subdivision (a) match the

 

number of ballots issued on election day, the ballots, including

 

the provisional ballots described in subsection (4), shall be

 

placed face up on the table and 1 recount clerk shall call the

 

votes for each candidate or ballot question involved in the

 

recount.

 

     (c) Two tally clerks shall simultaneously record the called

 

votes on forms provided for that purpose.

 

     (3) Provisional ballots issued in a precinct on election day

 

that were placed in a provisional ballot return envelope and

 

secured for verification after the election shall be counted by the

 

board of canvassers for purposes of subsection (2)(a) in order to

 

determine whether the total number of ballots issued on election

 

day as shown on the poll list matches the total number of ballots

 

counted for the precinct. The board of canvassers is authorized to

 

demand that the provisional ballots be delivered to the board for

 

counting under this subsection.

 

     (4) Provisional ballots that are tabulated by the clerk of a

 

city or township after election day as provided under section 813

 

shall be included in the ballots recounted under subsection (2)(b).


 

     (5)  (3)  The candidates or persons interested in the ballot

 

question, their counsel, watchers, and talliers shall be allowed to

 

observe each ballot as it is called and to take notes as they

 

desire for their own records. The board of canvassers shall

 

identify by an exhibit number a ballot counted or rejected under

 

protest, keep a record of the protest, and proceed as required

 

under section 871a.