November 28, 2012, Introduced by Rep. Knollenberg and referred to the Committee on Redistricting and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 706, 737, and 782b (MCL 168.706, 168.737,
and 168.782b), sections 706 and 737 as amended by 1985 PA 160.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 706. The arrangement of the ballot containing the names
2 of candidates for office shall conform as nearly as possible to
3 the following plan, form
and shall contain the specific
4 instructions there set forth in the form and no others:
5 OFFICIAL BALLOT
6 County of ................ Date ...............
1 INSTRUCTIONS - To You
may not vote a straight party ticket.
2 make a cross (X) or check mark (√) in the circle under the name
3 of your party. Nothing further need be done. To vote for a
4 candidate not on your party ticket, make a cross (X) or a check
5 mark (v) in the square [
] before the candidate's name.
6 Candidates for president and vice-president must be voted for as
7 a unit, and the vote cannot be split. Candidates for governor and
8 lieutenant governor must be voted for as a unit, and the vote
9 cannot be split.
10 If 2 or more candidates are to be elected to the same office
11 and you desire to vote for candidates not on your party ticket,
12 make a cross (X) or a check mark (v) in the square [ ] before the
13 names of the candidates for whom you desire to vote on the other
14 ticket, and strike out an equal number of names on your party
15 ticket, for that office.
16 If you do not desire to vote any party ticket, do not make a
17 cross (X) or check mark (v)
in the circle at the head of any
18 ticket, but make Make
a cross (X) or a check mark (v) (√)
in the
19 square [ ] before the name of each candidate for whom you desire
20 to vote.
21 If you wish to vote for a candidate not on any ticket, the
22 ballot, write or place the name of that candidate on your ballot
23 opposite under the name of the office and make a cross (X) or a
24 check mark (√) in the square [ ] before his or her name.
25 Before leaving the booth, fold the ballot so that the face
26 of the ballot is not exposed and so that the numbered corner is
27 visible.
1 __________________________________________________________________
2 Name of Vignette Vignette Vignette
3 Offices with with with
4 Voted For: Name of Party Name of Party Name of Party
5
[ ] [ ] [ ]
6 __________________________________________________________________
7 Name of Name of Name of
8 PRESIDENTIAL Candidate for Candidate for Candidate for
9 Electors of President. President. President.
10 President
11 and Vice- [ ]Name of [ ]Name of [ ]Name of
12 President of Candidate for Candidate for Candidate for
13 the United Vice-President. Vice-President. Vice-President.
14 States
15 __________________________________________________________________
16 Governor Governor Governor
17 STATE Name of Name of Name of
18 Governor and Candidate Candidate Candidate
19 Lieutenant [ ]Lieut.Governor[ ]Lieut.Governor[ ]Lieut.Governor
20 Governor Name of Name of Name of
21 Candidate Candidate Candidate
22 __________________________________________________________________
23 Secretary of Secretary of Secretary of
24 State State State
25 Secretary of [ ]Name of [ ]Name of [ ]Name of
26 State Candidate Candidate Candidate
27 __________________________________________________________________
28 CONGRESSIONAL U.S. Senator U.S. Senator U.S. Senator
29 United States [ ]Name of [ ]Name of [ ]Name of
30 Senator Candidate Candidate Candidate
31 __________________________________________________________________
32 Represent- U.S. Repre- U.S. Repre- U.S. Repre-
33 ative in sentative sentative sentative
34 Congress [ ]Name of [ ]Name of [ ]Name of
35 ...District Candidate Candidate Candidate
36 __________________________________________________________________
37 LEGISLATIVE State Senator State Senator State Senator
38 Senator [ ]Name of [ ]Name of [ ]Name of
39 ...District Candidate Candidate Candidate
40 __________________________________________________________________
41 State Repre- State Repre- State Repre-
42 Represent- sentative sentative sentative
43 ative [ ]Name of [ ]Name of [ ]Name of
44 ...District Candidate Candidate Candidate
45 __________________________________________________________________
46 COUNTY Pros. Attorney Pros. Attorney Pros. Attorney
47 Prosecuting [ ]Name of [ ]Name of [ ]Name of
48 Attorney Candidate Candidate Candidate
49 __________________________________________________________________
50 Sheriff Sheriff Sheriff
51 Sheriff [ ]Name of [ ]Name of [ ]Name of
52 Candidate Candidate Candidate
1 __________________________________________________________________
2 Sec. 737. The elector shall then go directly into a an
3
unoccupied voting booth which is
unoccupied and indicate in the
4 following manner, with pencil or pen on the proper ballot, the
5 candidate or candidates for whom the elector desires to vote:
6 (a) If the The
elector desires to shall not vote a straight
7 ticket. , the elector may make a cross (X) or a check mark
( ) in
8 the circle under the name of that party at the head of the
9 ballot. Nothing further need be done.
10 (b) If only 1 candidate is to be elected to an office and
11 the elector desires to vote for a candidate not on the elector's
12 party ticket, the elector should make a cross (X) or a check mark
13 ( ) in the circle under the name of the elector's party, and also
14 make a cross (X) or a check mark ( ) in the square before the
15 name of the candidate for whom the elector desires to vote on the
16 other ticket. In such case, it shall not be necessary to cross
17 off the name of the candidate on the elector's party ticket. If
18 the elector votes for more than 1 candidate for the same office
19 where only 1 candidate is to be elected to the office, the ballot
20 shall not be counted for either of the candidates and shall be as
21 to those candidates considered null and void.
22 (c) If 2 or more candidates are to be elected to the same or
23 like office, such as coroners, and the elector desires to vote
24 for a candidate or candidates not on the elector's party ticket
25 for the office, the elector should mark a cross (X) or a check
26 mark ( ) in the circle under the elector's party name, and mark a
27 cross (X) or a check mark ( ) in the square before the name or
1 names of the candidate or candidates for whom the elector desires
2 to vote on the other ticket or tickets, and also cross off an
3 equal number of names of the candidates for the office on the
4 elector's party ticket; but if the elector fails to cross off the
5 names of an equal number of candidates for the office on the
6 elector's party ticket, the elector shall be considered to have
7 crossed off the name of each candidate for the office which is
8 printed on the elector's party ticket opposite the name of the
9 candidate on some other party ticket in front of which name the
10 elector has made a cross (X) or a check mark ( ).
11 (b) (d) If
the elector wishes to vote for a candidate not on
12 any ticket, the
ballot, the elector may write or place
the name
13 of that candidate on the elector's ballot opposite the name of
14 the office and make a cross (X) or a check mark ( ) (√) in the
15 circle under the party square
[ ] before the candidate's name.
16 (c) (e) A ballot
marked with a cross (X) or a check mark ( )
17 in a circle under a party name shall be considered a vote for
18 each of the candidates named in the party column whose name is
19 not crossed off, except those candidates where a cross (X) or a
20 check mark ( ) is placed (√) in the square
before the name of
21 some opposing a candidate printed
on another ticket, the ballot
22 or where there before
a name that is written or pasted on the
23 party ticket a name which is not printed on any party
24 ticket.ballot is
considered a vote for that candidate except if
25 an elector has voted for more candidates for the office than are
26 to be elected.
27 (f) If the name of any person who is not a candidate on any
1 ticket is written or placed on the party ticket opposite the name
2 of the office and there is a cross (X) or a check mark ( ) in the
3 circle under the party name, the name so written or placed shall
4 be counted 1 vote for the person, whether the original name on
5 the party ticket is erased or not, excepting cases where there is
6 a cross (X) or a check mark ( ) in the square before the name of
7 some opposite candidate on some other party ticket.
8 (g) If a cross (X) or a check mark ( ) is not placed in the
9 circle under the party name, a cross (X) or a check mark ( ) in
10 the square before the name of any candidate shall be considered a
11 vote for that candidate except in cases where the elector votes
12 for more candidates for the same office than are to be elected.
13 (d) (h) An
elector shall indicate the elector's preference
14 on any a constitutional amendment or other submitted question
by
15 making a cross (X) or a check mark ( ) (√) in the square in front
16 of the word "Yes" or in the square in front of the word "No"
17 opposite or below the question on the proper ballots.
18 Sec. 782b. If there is no reserve machine available,
19 emergency ballots may also be provided by the county board of
20 election commissioners. of the county, having Emergency ballots
21
shall have suitable blank spaces to
permit the voter to vote a
22 straight party ticket, or if he desires to split his party
23 ticket, to indicate the party ticket the majority of whose
24 candidates he favors, together with the names of such other for
25
the candidates for whom he the elector desires to vote. The
26 ballots shall be used only in emergency and upon special
27 permission of the board or official whose duty it is to provide
1 ballots for the election. and who The board or official shall
2 prepare such the
emergency ballots which that shall
be held by
3 the city, township, or village clerk, subject to the order of the
4 county clerk or other authorized person. It shall is not
be
5 necessary to provide emergency ballots for each election unless
6 same shall previously
provided ballots have been used,
destroyed,
7 or lost, in which case similar ballots shall again be provided.
8 If at any time during the election, the voting machine is
9 disabled and cannot be repaired and no other voting machine can
10 be had to supply its place, is available, an emergency
shall be
11 declared to exist and the voting thereafter after an emergency is
12 declared at that election in that voting precinct shall be by
13 emergency ballot, in the manner provided in this section. The
14 board or official having the that has custody of the
emergency
15 ballots, when so directed, shall supply a sufficient number of
16 such emergency ballots to the election board for use by the
17 voters. One of the ballots shall be delivered by the election
18 board to each voter who may thereafter appear appears to
vote and
19 after an emergency is declared. Emergency ballots shall be voted
20 and counted subject to the provisions relative to voting by
21 ballot at general elections, except as herein otherwise provided
22 in this section. The ballots shall be numbered consecutively from
23 1 up, which and
the number and identification shall be
printed
24 upon on a perforated stub as in the case where only regular
25 ballots are used at elections.
26 Enacting section 1. This amendatory act does not take effect
27 unless Senate Bill No.____ or House Bill No. 6048(request no.
1 01118'11) of the 96th Legislature is enacted into law.