HB-4090, As Passed House, December 4, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4090

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 672, 674, 720, and 735 (MCL 168.672, 168.674,

168.720, and 168.735), section 674 as amended by 1996 PA 207 and

section 735 as amended by 2004 PA 92, and by adding section 720a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 672. At every Except as otherwise provided in this

section for early voting, at each election , there shall be a board

of at least 3 not fewer than 3 election inspectors of election,

constituted as in this chapter provided, in and appointed for each

election precinct. Not less than a majority of the election

inspectors shall be present in the precinct polling place during

the time the polls are open. For early voting under section 720a,

at least 1 election inspector shall be appointed and present in

each polling place during the time the polls are open.

     Sec. 674. (1) Notwithstanding any other provision of law to

the contrary, and subject to this section, and except as otherwise

provided in section 672, the city and township board of election

commissioners and the village board of election commissioners for

village elections only, at least not less than 21 days but not more

than 40 days before each election, but in no case and not less than

5 days before the date set for holding the election inspector

training schools, of instruction, shall appoint for each election

precinct at least not fewer than 3 election inspectors and as many

more as in its opinion is required for the efficient, speedy, and

proper conduct of the election. The board of election commissioners

may appoint as election inspector an individual on the list

submitted by a major political party under section 673a who is

qualified to serve under section 677. An appointment of an election

inspector under this section is void if a properly completed

application for that election inspector is not on file in the

clerk's office as prescribed in section 677.

     (2) The board of election commissioners shall designate 1

appointed election inspector as chairperson. The board of election

commissioners shall appoint at least 1 election inspector from each

major political party and shall appoint an equal number, as nearly

as possible, of election inspectors in each election precinct from

each major political party. The board of election commissioners may

appoint election inspectors in an election precinct from minor

political parties. Not later than 2 business days following the

appointment of election inspectors under subsection (1) for

elections in which a federal or state office appears, the board of

election commissioners shall notify by certified mail, personal

service, or electronic transmission capable of determining date of

receipt the county chair of each major political party of the names

and political party affiliations of appointed election inspectors

and the precincts to which those inspectors were appointed. A board

of election commissioners shall not appoint a person as an election

inspector if that person declares a political party preference for

1 political party but is a known active advocate of another

political party. As used in this section, "a known active advocate"

means a person who meets 1 or more of the following:

     (a) Is a delegate to the convention or an officer of that

other party.

     (b) Is affiliated with that party through an elected or

appointed government position.

     (c) Has made documented public statements specifically

supporting by name the other political party or its candidates in

the same calendar year as the election for which the appointment is

being made. As used in this subdivision, "documented public

statements" means statements reported by the news media or written

statements with a clear and unambiguous attribution to the

applicant.

     (3) The county chair of a major political party may challenge

the appointment of an election inspector based upon the

qualifications of the election inspector, the legitimacy of the

election inspector's political party affiliation, or whether there

is a properly completed declaration of political party affiliation

in the application for that election inspector on file in the

clerk's office. The challenge shall be in writing, specifically

identify the reason for the challenge, and include any available

documentation supporting the challenge. The county chair of the

political party shall file a challenge under this subsection with

the board of election commissioners not later than 4 business days

following receipt of the board of election commissioners' notice of

appointed election inspectors under subsection (2).

     (4) Upon receipt of a challenge under subsection (3), the

board of election commissioners shall determine whether the

appointee has the necessary qualifications by reviewing the

application or any other official records, such as voter

registration records, or whether the applicant has a properly

completed certification of political party affiliation in the

application. If the challenge alleges that the appointee is a known

active advocate of a political party other than the one on the

appointee's application, the board of election commissioners

immediately shall provide the appointee with a copy of the

challenge by certified mail, personal service, or electronic

transmission capable of determining date of receipt. The appointee

may respond to the challenge within 2 business days after receiving

a copy of the challenge. A response shall be by affidavit

addressing the specific reasons for the challenge. Failure to

respond shall result in revocation of the appointment. Within 2

business days after receiving the challenge or a response from the

appointee, whichever is later, the board of election commissioners

shall make a final determination and notify the appointee and the

county chair of the political party of the determination.

     (5) If a vacancy occurs in the office of chairperson or in the

office of election inspector before election day, the chairperson

of the board of election commissioners shall designate some other

another properly qualified applicant or election inspector as

chairperson or some other another qualified applicant as election

inspector, as applicable, subject to this section. If a vacancy

occurs in the office of chairperson on election day, the remaining

election inspectors shall designate 1 of the inspectors as

chairperson.

     Sec. 720. (1) On the day of any an election, the polls shall

be opened open at 7 o'clock in the forenoon, a.m. and shall be

continuously open until 8 o'clock in the afternoon and no longer.

Every p.m. Each qualified elector present and in line at the polls

at the hour prescribed for the closing thereof time shall be

allowed to vote.

     (2) For early voting under section 720a, the clerk conducting

the election shall designate the hours at which the polls will open

and close. The polls shall be open not less than 8 hours each day

that early voting is available as provided in section 720a. Before

early voting begins, the clerk shall post the hours that the polls

will be open at the clerk's office. The clerk shall provide notice

to the electors that substantially complies with the form in

section 653a of the dates and hours the early voting polling places

will be open.

     Sec. 720a. (1) Every city, township, and village shall provide

early voting at 1 or more polling places designated by the city,

township, or village clerk during the period of time set forth in

this section before an election.

     (2) Early voting shall occur on the Friday, Saturday, and

Monday immediately before each election.

     (3) The secretary of state shall cooperate with each

municipality conducting early voting and provide technical

assistance to each municipality that requests technical assistance.

     (4) Except as otherwise provided, all of the following

provisions of this act apply to early voting:

     (a) Election inspectors.

     (b) Challenges to voters.

     (c) Poll book and poll list.

     (d) Notices, instructions, and placards.

     (e) Security of a voting machine or other voting system.

     (f) Ballot security, ballot containers, ballot counting, and

ballot preservation.

     (g) Spoiled ballots.

     (5) The poll book and poll list for each precinct shall be

maintained in accordance with section 735.

     (6) Early voting ballots shall be processed in the same manner

as ballots cast on election day.

     (7) As used in this section, "municipality" means a city,

township, or village.

Sec. 735. (1) 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) For early voting under section 720a, the poll book shall

be divided by date and separate records shall be maintained for

each day of early voting.

(3) (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.

(4) (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.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4048 of the 94th Legislature is enacted into

law.