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.