DEPARTMENT OF STATE

BOARD OF STATE CANVASSERS

PROCEDURES

Filed with the secretary of state on

These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.

(By authority conferred on the board of state canvassers by section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233Act No.306 of the Public Acts of 1969, as amended, being 24.233 of the Michigan Compiled Laws)

R 168.841, R 168.842, R 168.843, R 168.844, and R 168.845 of the Michigan Administrative Code are amended, and R 168.846 is added, as follows:

R 168.841  Definitions.

  Rule 1. (1) As used in these rules:

   (a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992Act No. 239 of the Public Acts of 1955, as amended, being 200.301 et seq. of the Michigan Compiled Laws.

   (b) “Board” means the board of state canvassers.

   (c) “Bureau” means the bureau of elections of the department of state.

   (d) “Chairperson” means the person individual elected as chairperson of the board pursuant to section 22d(3) of the act, MCL 168.22d4 of the Act, being 200.304 of the Michigan Compiled Laws, or the person individual acting in the chairperson’s place.

   (de) “Hearing” means a any of the following:

    (i) A hearing on the canvass of an initiative or referendum petition held pursuant to section 476 of the act, MCL 168.476.Act No. 116 of the Public Acts of 1954, as amended, being 168.476 of the Michigan Compiled Laws, or a

    (ii) A hearing on the canvass of a nominating petition held pursuant to section 552 of the act, MCL 168.552.Act No. 116 of the Public Acts  of  1954,  as  amended,  being 168.552  of  the Michigan Compiled Laws

    (iii) A hearing on the sufficiency and clarity of language in a recall petition held pursuant to section 951a of the act, MCL 168.951a.

   (fe) “Secretary of the board” means the director of elections appointed by the secretary of state, pursuant to section 32 of the act, MCL 168.32, or the secretary of the board’s designee Act No. 116 of the Public Act of 1954, as amended, being 168.32 of the Michigan compiled laws.

  (2f) Terms defined in the Aact have the same meanings when used in these rules.

R 168.842  Service of Pprocess.

  Rule 2. Legal process may be served on the secretary of the board who shall accept service of process for the board and for the individual members of the board acting in their official capacities.

R 168.843  Location and C communications.

  Rule 3. (1) Any person individual may request information concerning the board and its procedures by contacting the bureau.

  (2) The bureau shall serve as the offices for the board.

  (3) Communications with the office may be made between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays. All communications to the board must shall be directed to the following:

   (a) Mailing address:           Michigan Department of State

                                        Board of State Canvassers

                                        P.O. Box 20126

                                        Lansing, Michigan 489019-07269

   (b) Location:                      Mutual Building, 4th Floor

                                        208 N. Capitol Avenue

                                        Richard H. Austin Building, 1^st Floor

                                        430 W. Allegan

                                        Lansing, Michigan, 48918

   (c) Telephone Number:        (517) 373-2540800-292-5973

   (d) Email address indicated on the board’s webpage on the department of state website.

  (4) The secretary of state the board may designate other locations and telephone numbers for communicating with the board.

R 168.844  Hearings.

  Rule 4. (1) The secretary of the board shall serve notice of any hearing to be held by the board by regular mail, telephone, facsimile transmission or other electronic means at least no less than 2 days before the date of the hearing. The notice shall must include the hearing date, time, place, and reason for holding the hearing, and shall be served on either of the following individuals persons:

   (a) The sponsor, and any opponent requesting notice, of an initiative or referendum petition.; or

   (b) A candidate or any person individual challenging the candidate’s nominating petition.

  (2) Unless otherwise indicated in the notice of hearing, all hearings shall be held in the offices of the secretary of state, Mutual Building, Lansing, Michigan.

  (23) An individual person may appear at a hearing on the individual’s behalf either in person, by an duly authorized representative, or by counsel, either in person or by remote participation, if available, and shall file a written appearance with the board on a form provided by the board.

  (34) An individual person served with a notice of hearing may file a written argument with the board and with the other parties, if any, at least 1 day 48 hours prior to before the date of the hearing.

  (45) If an individual person properly served with a notice of hearing fails to appear for the hearing, the board, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the individual person.

  (56) The board may issue a subpoena upon its own initiative, at the written request of the secretary of the board, or at the written request of a party to the hearing.

  (67) A hearing shall must be adjourned or continued only by order of the board.

  (78) A request for an adjournment or continuance must shall be in writing and shall state the reason for the request.

R 168.845  Conduct of Ppublic Mmeetings and Hhearings of the Bboard.

  Rule 5. (1) Each person individual wishing to do so shall be provided a reasonable opportunity to address the board on an agenda item, or one an item not on the agenda if the individual person makes a request to the board as described in R 168.843(3)’s office before the public meeting or hearing is convened or to the chairperson before the conclusion of the public meeting or hearing.

  (2) A group of 5 or more persons individuals wishing to address the board is requested to shall attempt to give advance notice to the chairperson of its intention to attend the public meeting or hearing so that an effort may be made to provide adequate space.

(3) If it is anticipated that more space will be necessary, the secretary of the board shall attempt to ensure that an overflow room or rooms are provided for the public meeting or hearing to ensure that public safety laws and regulations are followed. The overflow room or rooms must telecast live on television the proceedings of the public meeting or hearing, and individuals in the overflow room or rooms shall have access to the main room in case they are called upon to provide testimony.

  (43) The chairperson shall do all of the following:

   (a) Conduct the public participation portion of the public meeting or hearing in an orderly and decorous manner.

   (b) Within the time limits available, recognize Recognize each person individual wishing to speak on a matter, within the time limits available.

   (c) Allow for public comment, including by remote participation on each agenda item.

   (d) Allocate a specific time on the agenda for general public comments.

   (e) Limit the number of persons individuals admitted to the meeting or hearing room if necessary to comply with public safety laws and regulations.

   (f) Temporarily recess and promptly reconvene a public meeting or hearing in a larger room if more space is necessary.

   (fg) Impose reasonable limitations on the time allotted for public comments.

   (gh) Inquire as to the interest or interests, if any, represented by a person an individual addressing the board at a public meeting or hearing.

R 168.846 Submitting material to the board.

Rule 6. Members of the public shall submit material to the board at least 48 hours before the relevant board meeting. The board shall not consider material received after the 48-hour deadline.