HOUSE BILL No. 6028

 

December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 498, 518, 539, 653a, 798, and 826 (MCL

 

168.498, 168.518, 168.539, 168.653a, 168.798, and 168.826),

 

sections 498 and 653a as amended by 2005 PA 71, section 798 as

 

amended by 1992 PA 8, and section 826 as amended by 2013 PA 51.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 498. (1) The governing body of a township, city, or

 

 2  village may provide by resolution that in that township, city, or

 

 3  village the clerk shall be at the clerk's office, or in some

 

 4  other convenient place designated by the clerk, during the hours

 

 5  designated by the governing body on the thirtieth day preceding

 


 1  before an election or primary election in the township, city, or

 

 2  village, unless the thirtieth day falls on a Saturday, Sunday, or

 

 3  legal holiday, in which event registration shall be accepted

 

 4  during the same hours on the following day.

 

 5        (2) In a township, city, or village in which the clerk does

 

 6  not maintain regular daily office hours, the township board or

 

 7  the legislative body of the city or village may require that the

 

 8  clerk of the township, city, or village shall be at the clerk's

 

 9  office or other designated place for the purpose of receiving

 

10  applications for registration on the days which that the board or

 

11  legislative body designates, but not more than 5 days before the

 

12  last day for registration.

 

13        (3) The Before January 1, 2015, the clerk of each township,

 

14  city, and village shall give public notice of the days and hours

 

15  that the clerk will be at the clerk's office or other designated

 

16  place for the purpose of receiving registrations before an

 

17  election or primary election by publication of the notice, except

 

18  as provided in subsection (4) and section 497(2), in a newspaper

 

19  published or of general circulation in the township, city, or

 

20  village and, if considered advisable by the township, city, or

 

21  village clerk, by posting written or printed notices in at least

 

22  2 of the most conspicuous places in each election precinct.

 

23  Beginning January 1, 2015, except as provided in subsection (4)

 

24  and section 497(2), the clerk of each township, city, or village

 

25  shall give public notice of the days and hours that the clerk

 

26  will be at the clerk's office or other designated place for the

 

27  purpose of receiving registrations before an election or primary

 


 1  election by providing tier B public notice of the notice as set

 

 2  forth in the local government public notice act, and, if

 

 3  considered advisable by the township, city, or village clerk, by

 

 4  posting written or printed notices in at least 2 of the most

 

 5  conspicuous places in each election precinct. Except as provided

 

 6  in subsection (4), the publication or posting shall be made not

 

 7  less than 7 days before the last day for receiving registrations.

 

 8  The notice of registration shall include the offices to be filled

 

 9  that will appear on the ballot. If the notice of registration is

 

10  for an election that includes a ballot proposal, a caption or

 

11  brief description of the ballot proposal along with the location

 

12  where an elector can obtain the full text of the ballot proposal

 

13  shall be stated in the notice.

 

14        (4) Notice Before January 1, 2015, notice of registration

 

15  for a school millage election that will be held pursuant to

 

16  section 36 of the general property tax act, 1893 PA 206, MCL

 

17  211.36, shall be is required to be published once and shall be

 

18  made not less than 5 days before the last day for receiving

 

19  registrations as provided in section 497a. Beginning January 1,

 

20  2015, not less than 5 days before the last day for receiving

 

21  registrations as provided in section 497a, tier B public notice

 

22  of the notice of registration for a school millage election that

 

23  will be held pursuant to section 36 of the general property tax

 

24  act, 1893 PA 206, MCL 211.36, shall be provided as set forth in

 

25  the local government public notice act.

 

26        (5) A county clerk may enter into an agreement with the

 

27  clerk of 1 or more townships or cities in the county or the

 


 1  clerks of 1 or more cities or townships in a county may enter

 

 2  into an agreement to jointly publish provide the notice required

 

 3  in subsection (3). The Before January 1, 2015, the notice shall

 

 4  be published in a newspaper of general circulation in the cities

 

 5  and townships listed in the notice. Beginning January 1, 2015,

 

 6  tier B public notice of the notice shall be provided as set forth

 

 7  in the local government public notice act.

 

 8        Sec. 518. (1) Whenever If a new township shall be is

 

 9  organized, the persons designated to act as inspectors for the

 

10  first election to be held therein in the township shall

 

11  constitute a board of registration for the purpose of making the

 

12  first registration of qualified electors therein. Said in the

 

13  township. The board shall be is authorized to procure the

 

14  necessary books or files and forms to conduct such the

 

15  registration in accordance with the provisions of this act.

 

16  Subsequent to After the election, the records shall be delivered

 

17  to the persons person elected to the office of township clerk. of

 

18  the township. At least 10 days' public notice shall be given of

 

19  the time and place for holding the registration. Such notice

 

20  shall be given by posting written or printed notices in at least

 

21  5 of the most conspicuous places in said township, city or

 

22  village, or by publication in a newspaper of general circulation

 

23  therein. Whenever If a new city is incorporated from the

 

24  territory of a township, the registration records of the portion

 

25  of the township incorporated as a city shall constitute the

 

26  registration records of the newly incorporated city. Township

 

27  registration records shall be available and used in connection

 


 1  with the election on the adoption of the charter of any new city

 

 2  or village and for the first election of such the city's or

 

 3  village's officers.

 

 4        (2) Whenever If any territory of a township is annexed to a

 

 5  city, the clerk of the township from which the territory was

 

 6  detached shall, not less than 5 days prior to before the

 

 7  effective date of the annexation, forward to the clerk of the

 

 8  city to which the territory was annexed all of the current

 

 9  registration records of the registered electors residing in the

 

10  annexed territory. Such The records shall thereafter be become a

 

11  part of the registration records of such the city and the

 

12  electors whose registration records were so transferred shall be

 

13  registered electors of such the city.

 

14        (3) All such transfers of registration shall be accompanied

 

15  by a statement signed by the township clerk certifying that all

 

16  of the current registrations of persons residing within the

 

17  annexed or incorporated area according to his or her records are

 

18  included. therein.

 

19        Sec. 539. If, upon the expiration of the time for filing

 

20  petitions in any primary for city or county, it appears that

 

21  there is no opposition to any candidate for any office upon any

 

22  ticket, then the city or county clerk, as the case may be, shall

 

23  certify to the board of election commissioners the names of all

 

24  persons whose petitions have been properly filed and the office

 

25  for which such the petitions were filed, and such the persons

 

26  shall be declared by such the board of election commissioners

 

27  nominees for the respective offices, and such the county clerk

 


 1  shall forthwith notify the several clerks of the townships and

 

 2  cities interested, if any, and give notice that the primary will

 

 3  not be held as contemplated, giving the reasons therefor, and a

 

 4  for not holding the primary. Before January 1, 2015, a public

 

 5  notice shall be given of such the determination by a brief notice

 

 6  published by such the clerk in a newspaper circulated in such the

 

 7  county. Beginning January 1, 2015, tier C public notice of the

 

 8  determination shall be provided by the clerk as set forth in the

 

 9  local government public notice act.

 

10        Sec. 653a. (1) On receipt of the notice from the county

 

11  clerk pursuant to section 652, the clerk of each city and

 

12  township shall give notice of the time and place at which the

 

13  election is to be held, the offices to be filled, and the

 

14  proposals to be submitted to the voters. The Before January 1,

 

15  2015, the notice shall be published in a newspaper published, or

 

16  of general circulation, in the city or township. Beginning

 

17  January 1, 2015, tier B public notice with a link of the notice

 

18  shall be provided as set forth in the local government public

 

19  notice act. A caption or brief description of the proposal or

 

20  proposals along with the location where an elector can obtain the

 

21  full text of the proposal or proposals shall be included in the

 

22  notice. The publication or posting shall be made not less than 7

 

23  days before the election. The notice shall be in substantially

 

24  the following form:

 

 

25                       ELECTION NOTICE

26 To the qualified electors of the city or township

27 ______________________________ notice is hereby given that a


____________________________________________________________

       (indicate whether regular, special, or primary)

election will be held in ___________________________________

on __________ from 7 a.m. to 8 p.m. for the purpose of

     (date)

nominating or electing candidates for the following offices:

____________________________________________________________

                      (list of offices)

and to vote on the following proposals:

10 ____________________________________________________________

11        (list all proposals to be submitted to voters)

12 List of polling place locations: __________________________.

13                                      _______________________

14                                               (clerk)

 

 

15        (2) A county clerk may enter into an agreement with the

 

16  clerk of 1 or more townships or cities in the county or the

 

17  clerks of 1 or more cities or townships in a county may enter

 

18  into an agreement to jointly publish or post the notice in

 

19  subsection (1). The Before January 1, 2015, the notice shall be

 

20  published in a newspaper of general circulation in the cities and

 

21  townships listed in the notice. Beginning January 1, 2015, tier B

 

22  public notice with a link of the notice shall be provided as set

 

23  forth in the local government public notice act. If certain

 

24  offices or proposals are to be voted on in less than all of the

 

25  precincts, the notice shall specify the townships or cities that

 

26  shall vote on only those offices or proposals.

 

27        Sec. 798. (1) Before beginning the count of ballots, the

 

28  board of election commissioners shall test the electronic

 

29  tabulating equipment to determine if the electronic tabulating

 

30  equipment will accurately count the votes cast for all offices


 

 1  and on all questions. Public Before January 1, 2015, public

 

 2  notice of the time and place of the test shall be given at least

 

 3  48 hours before the test by publication in a newspaper published

 

 4  in the county, city, village, township, or school district where

 

 5  the electronic tabulating equipment is used. If Before January 1,

 

 6  2015, if a newspaper is not published in that county, city,

 

 7  village, township, or school district, the notice shall be given

 

 8  by publication in a newspaper of general circulation in that

 

 9  county, city, village, township, or school district. Beginning

 

10  January 1, 2015, tier C public notice of the time and place of

 

11  the test shall be given at least 48 hours before the test as set

 

12  forth in the local government public notice act. The test shall

 

13  be conducted in the manner prescribed by rules promulgated by the

 

14  secretary of state pursuant to under the administrative

 

15  procedures act of 1969, Act No. 306 of the Public Acts of 1969,

 

16  being sections 24.201 to 24.328 of the Michigan Compiled Laws.

 

17  1969 PA 306, MCL 24.201 to 24.328. In the test, a different

 

18  number of valid votes shall be assigned to each candidate for an

 

19  office, and for and against each question. If an error is

 

20  detected, the board of election commissioners shall determine the

 

21  cause of the error and correct the error. The board of election

 

22  commissioners shall make an errorless count and shall certify the

 

23  errorless count before the count is started. The electronic

 

24  tabulating equipment that can be used for a purpose other than

 

25  examining and counting votes shall pass the same test at the

 

26  conclusion of the count before the election returns are approved

 

27  as official.


 

 1        (2) On completion of the test and count, the programs, test

 

 2  materials, and ballots arranged by precincts shall be sealed and

 

 3  retained as provided by this subsection and rules promulgated by

 

 4  the secretary of state pursuant to Act No. 306 of the Public Acts

 

 5  of 1969. under the administrative procedures act of 1969, 1969 PA

 

 6  306, MCL 24.201 to 24.328. If the electronic tabulating equipment

 

 7  that is tested and certified to by the board of election

 

 8  commissioners will be used to count votes at the precinct, a

 

 9  memory device containing the tested programs, if any, shall be

 

10  sealed into the electronic tabulating equipment. Upon completion

 

11  and certification of the count of votes, the memory device

 

12  containing the program and the vote totals shall remain sealed in

 

13  the electronic tabulating equipment or, if removed from the

 

14  electronic tabulating equipment, shall remain sealed in a

 

15  container approved by the secretary of state, delivered to the

 

16  clerk, and retained in the manner provided for other voted

 

17  ballots.

 

18        Sec. 826. (1) The board of county canvassers shall determine

 

19  and declare the result of the election for county and local

 

20  officers, and for all county and local ballot questions. If a

 

21  state senatorial or representative district is located solely

 

22  within 1 county, the board of county canvassers shall determine

 

23  and declare the result of the election for that office. Upon

 

24  making the determination under this subsection, the board of

 

25  county canvassers shall prepare a certificate of determination

 

26  and deliver the properly certified certificate of determination

 

27  to the county clerk. If the determination relates to a state


 

 1  senatorial or representative district located solely within 1

 

 2  county, the board of county canvassers shall also deliver the

 

 3  properly certified certificate of determination to the board of

 

 4  state canvassers.

 

 5        (2) Upon receipt of a properly certified certificate of

 

 6  determination from a board of county canvassers under subsection

 

 7  (1), the county clerk shall file the certificate in his or her

 

 8  office. The Before January 1, 2015, the county clerk may have a

 

 9  statement of the total county or district votes cast for the

 

10  various candidates and the total vote cast for and against the

 

11  various ballot questions at the election to be published in at

 

12  least 1 newspaper printed or circulated in that county. Beginning

 

13  January 1, 2015, tier C public notice of a statement of the total

 

14  county or district votes cast for the various candidates and the

 

15  total vote cast for and against the various ballot questions at

 

16  the election may be provided by the county clerk as set forth in

 

17  the local government public notice act. The county clerk shall

 

18  immediately execute and deliver to the persons declared elected ,

 

19  a properly certified certificate of election.

 

20        Enacting section 1. This amendatory act does not take effect

 

21  unless Senate Bill No.____ or House Bill No. 5560 (request no.

 

22  03796'13) of the 97th Legislature is enacted into law.