September 14, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 31, 33, and 735 (MCL 168.31, 168.33, and
168.735), section 31 as amended by 2005 PA 71, section 33 as
amended by 2002 PA 91, and section 735 as amended by 2004 PA 92,
and by adding section 735a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31. (1) The secretary of state shall do all of the
following:
(a)
Subject to subsection subsections (2) and (3),
issue
instructions and promulgate rules pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the
conduct of elections and registrations in accordance with the laws
of this state.
(b) Advise and direct local election officials as to the
proper methods of conducting elections.
(c) Publish and furnish for the use in each election precinct
before each state primary and election a manual of instructions
that includes specific instructions on assisting voters in casting
their ballots, directions on the location of voting stations in
polling places, procedures and forms for processing challenges, and
procedures on prohibiting campaigning in the polling places as
prescribed in this act.
(d) Publish indexed pamphlet copies of the registration,
primary, and election laws and furnish to the various county, city,
township, and village clerks a sufficient number of copies for
their own use and to enable them to include 1 copy with the
election supplies furnished each precinct board of election
inspectors under their respective jurisdictions. The secretary of
state may furnish single copies of the publications to
organizations or individuals who request the same for purposes of
instruction or public reference.
(e) Prescribe and require uniform forms, notices, and supplies
the secretary of state considers advisable for use in the conduct
of elections and registrations.
(f) Prepare the form of ballot for any proposed amendment to
the constitution or proposal under the initiative or referendum
provision of the constitution to be submitted to the voters of this
state.
(g) Require reports from the local election officials the
secretary of state considers necessary.
(h) Investigate, or cause to be investigated by local
authorities, the administration of election laws, and report
violations of the election laws and regulations to the attorney
general or prosecuting attorney, or both, for prosecution.
(i) Publish in the legislative manual the vote for governor
and secretary of state by townships and wards and the vote for
members of the state legislature cast at the preceding November
election, which shall be returned to the secretary of state by the
county clerks on or before the first day of December following the
election. All clerks shall furnish to the secretary of state,
promptly and without compensation, any further information
requested of them to be used in the compilation of the legislative
manual.
(j) Establish a curriculum for comprehensive training and
accreditation of all county, city, township, village, and school
elections officials.
(k) Establish and require attendance by all new appointed or
elected election officials at an initial course of instruction
within 6 months before the date of the election.
(l) Establish a comprehensive training curriculum for all
precinct inspectors.
(m) Create an election day dispute resolution team that has
regional representatives of the department of state, which team
shall appear on site, if necessary.
(2) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall
promulgate rules establishing uniform standards for state and local
nominating, recall, and ballot question petition signatures. The
standards for petition signatures may include, but need not be
limited to, standards for all of the following:
(a) Determining the validity of registration of a circulator
or individual signing a petition.
(b) Determining the genuineness of the signature of a
circulator or individual signing a petition, including digitized
signatures.
(c) Proper designation of the place of registration of a
circulator or individual signing a petition.
(3) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the secretary of state may
promulgate rules to implement the use of an electronic poll book in
lieu of, or in addition to, the paper poll book described in
section 735.
Sec. 33. (1) The director of elections shall conduct training
schools throughout this state preceding the general November
election,
and preceding such other elections as the director
considers advisable, for county clerks and their representatives
with respect to the conducting of elections in accordance with the
election laws. Included in this training shall be instruction on
the
uniform voting system. In case any If a county clerk shall
fail
fails to conduct in his or her county a training school
for
election boards within the county, the director of elections shall
conduct such
the training school, the cost of the training school
to be charged as an obligation of the county.
(2) The director of elections shall train all county, city,
and township clerks who are involved in the training of precinct
inspectors. The training shall include team training and monitoring
of their performance as trainers. The training shall also include
the use of an electronic poll book.
(3) The director of elections shall conduct all precinct
inspector training in counties where the clerk has not been
accredited to conduct the training schools.
Sec.
735. (1) At Except
as otherwise provided in section
735a, at each primary and election, election inspectors shall keep
1 poll book and 1 poll list. An election inspector shall enter in
the poll book, in the order in which electors are given ballots,
the name of each elector who is given a ballot and immediately
after the name, on the same line, shall enter the number of the
ballot given to the elector. For an absent voter ballot, when an
election inspector removes the ballot from the sealed absent voter
envelope, the election inspector shall enter in the poll book the
name of the absent voter and the number of the ballot.
(2) If an elector is issued a provisional ballot, an election
inspector shall enter a proper designation in the poll book,
including whether the provisional ballot was tabulated in the
precinct or was secured for verification after the election.
(3) At the completion of the precinct canvass, an election
inspector shall record on the certificate provided in the poll book
the number of each metal seal used to seal voting equipment and
ballot containers. Each member of the board of election inspectors
shall sign the certificate.
Sec. 735a. (1) The secretary of state shall do both of the
following:
(a) Develop an electronic poll book to be used at primaries
and elections in this state.
(b) Establish the necessary criteria that will enable a local
unit of government to use an electronic poll book at a primary or
election.
(2) The secretary of state may establish a pilot project to
test the use of an electronic poll book at primaries and elections
in this state. The secretary of state shall select the local units
of government in which to test an electronic poll book under this
section.
(3) A local unit of government shall not use an electronic
poll book at a primary or election unless the local unit of
government is selected as a pilot jurisdiction by the secretary of
state under subsection (2) or unless prior written approval is
granted by the secretary of state.
(4) An electronic poll book developed pursuant to this section
shall be able to do all of the following:
(a) Access the qualified voter file to capture voter history.
(b) Allow for express voter check-in as provided in subsection
(6).
(5) An electronic poll book shall be used in accordance with
the provisions of this act and the rules promulgated by the
secretary of state under section 31.
(6) If an electronic poll book is used at a primary or
election, the local unit of government may provide an express voter
check-in for registered electors who have an operator's or
chauffeur's license issued pursuant to the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, or an official state
identification card issued pursuant to 1972 PA 222, MCL 28.291 to
28.300. The registered elector can swipe his or her operator's or
chauffeur's license or state identification card through a card
reader and the registered elector's voter information is verified
against a voter registration database. Upon verification, the
registered elector's voter information is entered into the
electronic poll book.
(7) The secretary of state shall develop instructions
consistent with this act for securing an electronic poll book.
Enacting section 1. This amendatory act takes effect January
1, 2007.