SENATE BILL No. 1457

September 26, 2002, Introduced by Senator BYRUM and referred to the Committee on Government

Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 30e, 581, 822, and 842 (MCL 168.30e,

168.581, 168.822, and 168.842).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 30e. (1) The members of the board of city or township

2 canvassers shall receive actual and necessary expenses incurred

3 in the performance of their official duties and in addition may

4 be paid a daily rate if so ordered by the governing body of the

5 city or township. Should

6 (2) IF the board fail FAILS to certify the results of

7 any AN election for any AN office or proposition within the

8 14 10 days immediately following the election at which the

9 office or proposition was voted on, the city or township clerk

10 shall immediately deliver to the secretary of the board of county

00699'01 * CAS

2

1 canvassers of that county , all records and other information

2 pertaining thereto TO THE ELECTION. The board of county can-

3 vassers shall meet forthwith IMMEDIATELY, make the necessary

4 determinations, and certify the results of that election within

5 the 7 days immediately following receipt of the records. The

6 cost of such THE canvass shall be borne by the city or township

7 involved.

8 Sec. 581. (1) The EXCEPT AS OTHERWISE PROVIDED IN THIS

9 SUBSECTION, THE ELECTION returns of said A primary election

10 shall be canvassed and the results declared in the same manner,

11 and within the same time after the primary election, and by the

12 same officers as provided for general elections. , except that

13 in the case of IN a primary election for the nomination of a

14 candidate for the office of United States senator , or governor

15 or for the nomination of candidates for district offices in dis-

16 tricts comprising more than 1 county, the county clerk of each

17 county affected shall transmit to the secretary of state, within

18 14 10 days after the primary election, a certified statement of

19 the number of votes received by each person for nomination as a

20 candidate of any A political party for any EACH of the said

21 offices.

22 (2) The secretary of state shall call a meeting of the board

23 of state canvassers at his OR HER office not later than 20 days

24 after the primary election. , which date he shall forthwith THE

25 SECRETARY OF STATE SHALL IMMEDIATELY certify THE DATE OF THE

26 MEETING OF THE STATE BOARD OF CANVASSERS to the chairman CHAIR

27 and secretary of the state central committee of each political

00699'01 *

3

1 party, for the purpose of canvassing the ELECTION returns and

2 declaring the results of the primary election for the nomination

3 of the candidates for such THE offices. The said board OF

4 STATE CANVASSERS shall proceed in the same manner in canvassing

5 the ELECTION returns and in certifying, recording, and determin-

6 ing THE results of a primary election for the nomination of can-

7 didates for United States senator and governor as is done in can-

8 vassing the ELECTION returns in the case of FOR the election of

9 state officials. In canvassing the ELECTION returns of a primary

10 election for the nomination of candidates for the offices of rep-

11 resentative in congress, state senator, and representatives in

12 the legislature STATE REPRESENTATIVE, in districts composed of

13 more than 1 county, said THE board OF STATE CANVASSERS shall

14 proceed in like THE SAME manner as is done in canvassing the

15 ELECTION returns in case of AS FOR the election of representa-

16 tives in congress.

17 Sec. 822. (1) The board OF COUNTY CANVASSERS shall then

18 proceed without delay to IMMEDIATELY canvass the returns of

19 votes cast for all candidates for offices voted for and all ques-

20 tions voted on at said THE election, according to the precinct

21 returns filed with the probate judge or presiding probate judge

22 by the several city and township clerks, or in case of FOR

23 local elections, according to the precinct returns filed with the

24 county clerk. , and THE BOARD OF COUNTY CANVASSERS shall

25 conclude such COMPLETE THE canvass at the earliest possible

26 time and in every case within 14 days AND CERTIFY THE ELECTION

27 RESULTS WITHIN 10 DAYS AFTER THE ELECTION.

00699'01 *

4

1 (2) Should IF the board fail OF COUNTY CANVASSERS FAILS

2 to certify the results of any AN election for any AN officer

3 or proposition within the 14 10 days as provided IN SUBSECTION

4 (1), or fail FAILS to certify ELECTION results forwarded to

5 them from any A city or township election, as provided in sec-

6 tion 30e, within 7 days of AFTER the receipt of that record,

7 they THE BOARD OF COUNTY CANVASSERS shall immediately deliver

8 to the secretary of the state board of canvassers all records and

9 other information pertaining thereto TO THE ELECTION. The

10 board of state canvassers shall meet forthwith and IMMEDIATELY,

11 make the necessary determinations, and certify the results within

12 the 10 days immediately following the receipt of the records from

13 the county board. The cost of such THE canvass shall be borne

14 by the county involved.

15 Sec. 842. The board of state canvassers, for the purpose of

16 canvassing the ELECTION returns and ascertaining and determining

17 the result of any such AN election, shall meet at the office of

18 the secretary of state on or before the twentieth day after

19 such THE election. The secretary of state shall appoint the

20 day of such THE meeting and shall notify the other members of

21 the board thereof OF THE MEETING DATE. The board shall have

22 power to adjourn from time to time to await the receipt or cor-

23 rection of ELECTION returns, or for other necessary purposes, but

24 shall complete the canvass and announce their determination

25 thereof OF THE ELECTION RESULTS not later than the fortieth

26 THIRTIETH day after such THE election. : Provided, That the

27 THE board may, at the time of its meeting , or an adjournment

00699'01 *

5

1 thereof OF ITS MEETING, canvass the ELECTION returns for any

2 AN office where the complete ELECTION returns for that office

3 have been received.

00699'01 * Final page. CAS