HOUSE BILL No. 5207

 

 

November 1, 2017, Introduced by Reps. Howell, Sheppard, Graves, Lucido, Crawford, Webber, Glenn, Hernandez, Tedder and Whiteford and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 563, 570, 576, 736b, 759a, 759c, and 795 (MCL

 

168.563, 168.570, 168.576, 168.736b, 168.759a, 168.759c, and

 

168.795), section 570 as amended by 2017 PA 113, section 576 as

 

amended by 1996 PA 213, section 736b as added by 2012 PA 128,

 

section 759a as amended by 2012 PA 523, section 759c as added by

 

2011 PA 163, and section 795 as amended by 2004 PA 92, and by

 

adding section 561b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 561b. (1) In order to vote at a primary election, an

 

 2  elector shall indicate in writing, on a form prescribed by the

 


 1  secretary of state, which political party ballot he or she wishes

 

 2  to vote when appearing at that primary election.

 

 3        (2) The secretary of state shall develop a procedure for city

 

 4  and township clerks to use when keeping a separate record at a

 

 5  primary election that contains the printed name, address, and

 

 6  qualified voter file number of each elector and the political party

 

 7  ballot selected by that elector at the primary election.

 

 8        (3) The information acquired or in the possession of a public

 

 9  body indicating which political party ballot an elector selected at

 

10  a primary election is not exempt from disclosure under the freedom

 

11  of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

12        (4) Within 30 days after the primary election, the secretary

 

13  of state shall make available to the public in an electronic format

 

14  a file of the records for each political party described under

 

15  subsection (2). The secretary of state shall set a schedule for

 

16  county, city, and township clerks to submit data or documents

 

17  required under subsection (2). The secretary of state and county,

 

18  city, and township clerks shall destroy the information indicating

 

19  which political party ballot each elector selected at the primary

 

20  election as recorded in subsection (2) immediately after the

 

21  expiration of the 22-month federal election records retention

 

22  period.

 

23        (5) For the fiscal year ending September 30, 2018, $800,000.00

 

24  is appropriated from the general fund to the department of state to

 

25  compensate counties, cities, and townships for conducting primary

 

26  elections in compliance with this section.

 

27        (6) Beginning with the fiscal year ending September 30, 2019


 1  and each fiscal year thereafter, the legislature shall appropriate

 

 2  from the general fund to the department of state amounts necessary

 

 3  to compensate counties, cities, and townships for conducting

 

 4  primary elections in compliance with this section.

 

 5        Sec. 563. The number of ballots to be printed for the use of

 

 6  the electors at any primary election in any election precinct shall

 

 7  be must not be less than 25% more than the total number of ballots

 

 8  cast therein at the corresponding primary election held 4 years

 

 9  previously. The ballot at any partisan primary election shall must

 

10  consist of 1 sheet of 70-pound white book paper, machine finished,

 

11  or the equivalent. The elections commission may provide that 1 of

 

12  the political party tickets shall be printed on each side thereof

 

13  or that the party tickets shall appear on 1 side of the ballot

 

14  only. If 3 or more parties are represented at a partisan primary,

 

15  the ballots shall be arranged with a foldover extension or the

 

16  election commission may provide that the parties shall appear on 1

 

17  side of the ballot only. If the ballots are printed on 1 side only

 

18  the order of the parties on the ballot shall be the same as they

 

19  will appear on the general election ballot. The parties shall be

 

20  separated by a heavy black line. If ballots are printed on 2 sides

 

21  or with a foldover extension the various party tickets shall be

 

22  printed, as near as may be, in the manner herein before set forth

 

23  and shall be rotated so that each party ticket will appear face up

 

24  on alternate ballots. The election commission may provide for the

 

25  printing of the ballots on colored paper as follows: State and

 

26  county ballots, white paper; nonpartisan ballots, blue tinted

 

27  paper; constitutional amendments and state propositions, red tinted


 1  paper; county propositions, green tinted paper; local propositions,

 

 2  buff paper; local candidates, white paper. If the election

 

 3  commission prints ballots on colored paper, all instruction ballots

 

 4  shall must be printed on any color paper not used for official

 

 5  ballots.

 

 6        Sec. 570. Paper ballots must be numbered consecutively and

 

 7  identified by use of the words "official primary ballot" on the

 

 8  upper right hand corner on the front of the ballot with a

 

 9  perforated line across the corner and underneath the number and

 

10  identification so that the corner with the number and

 

11  identification may be torn off. The detachable corner stub serves

 

12  for the several party tickets and the ballot number must be printed

 

13  upon the stub on 1 side only. A political party designation must

 

14  not appear upon a ballot corner so numbered and identified. After

 

15  the ballots are trimmed and wrapped in sealed packages, the ballots

 

16  must be distributed for use at the primary election in the same

 

17  manner as is provided by law for the distribution of ballots to be

 

18  used at general elections. Ballots must be prepared in

 

19  substantially the following form:

 

 

20

                                      OFFICIAL PRIMARY BALLOT

21

                                             No.  ............

22

                 OFFICIAL PRIMARY ELECTION BALLOT

23

  Primary election to be held ..................... 20......

24

in the county of ..........................................  .

25

                                        ...............party.

26

                                       

27

  You cannot split your ticket. If you vote for candidates on


 1

more than 1 party ticket, your ballot will be rejected.

 2

  Make a cross or a check mark in the square to the left of

 3

not more than the number of names for each office as may be

 4

indicated under the title of each office.

 5

______________________________________________________________

 6

            State.                         Legislative.

 7

______________________________________________________________

 8

           Governor.                      State Senator.

 9

                                     .................District.

10

  Vote for not more than one.      Vote for not more than one.

11

______________________________________________________________

12

[ ] 1 John Doe                   [ ] 7 John Doe

13

______________________________________________________________

14

[ ] 2 Richard Roe                [ ] 8 Richard Roe

15

______________________________________________________________

16

[ ]                              [ ]

17

______________________________________________________________

18

         Congressional.                Representative in State

19

________________________________             Legislature.

20

   United States Senator.....        .................District.

21

  Vote for not more than one.      Vote for not more than one.

22

______________________________________________________________

23

[ ] 3 John Doe                   [ ] 9 John Doe

24

______________________________________________________________

25

[ ] 4 Richard Roe                [ ] 10 Richard Roe

26

______________________________________________________________


 1

[ ]                              [ ]

 2

______________________________________________________________

 3

  Representative in Congress.               County.

 4

.................... District.       Prosecuting Attorney.

 5

  Vote for not more than one.      Vote for not more than one.

 6

______________________________________________________________

 7

[ ] 5 John Doe                   [ ] 11 John Doe

 8

______________________________________________________________

 9

[ ] 6 Richard Roe                [ ] 12 Richard Roe

10

______________________________________________________________

11

[ ]                              [ ]

12

______________________________________________________________

 

 

13        Sec. 576. (1) An elector, after having received a ballot or

 

14  ballots, shall enter a booth or voting compartment and, while there

 

15  concealed from view, shall vote the ballot or ballots by making a

 

16  cross or a check mark in the square at the left of the names of

 

17  those candidates for whom the elector desires to vote, but in no

 

18  case for more candidates for any office than is indicated under the

 

19  title of each office. However, an elector may vote for a person

 

20  whose name is not printed on the ballot by inserting the name in a

 

21  manner that will substitute it for any name that is printed on the

 

22  ballot or where no candidate's name appears upon the ballot.

 

23        (2) The elector shall indicate his or her choice of candidates

 

24  on 1 party ticket only and, after marking the ballot, the elector

 

25  shall fold it for deposit pursuant to the provisions of this act. A

 

26  ballot on which more than 1 party ticket has been voted is void.

 

27        (3) This section is subject to section 736a.


 1        Sec. 736b. Each ballot secrecy sleeve used at a primary

 

 2  election shall must either contain the following ballot marking

 

 3  instructions printed on the front of the ballot secrecy sleeve or

 

 4  shall must have a clear plastic pocket on the front of the ballot

 

 5  secrecy sleeve that contains a printed copy of the following ballot

 

 6  marking instructions:

 

 

 7

                         PRIMARY ELECTION

 8

TO VOTE: Completely darken the oval opposite each  choice.

 9

                             -- OR --

10

TO VOTE: Complete the arrow opposite each choice.

11

IMPORTANT: To mark your ballot, use only a black or blue ink pen.

12

DO NOT USE ANY OTHER INK COLOR!

13

PARTISAN SECTION: There are two is one party sections section

14

on the ballot.:

15

Republican Party and Democratic Party. Select the party section of

16

your choice. YOU MAY VOTE IN ONE PARTY SECTION ONLY; YOU CANNOT

17

"SPLIT YOUR TICKET." IF YOU VOTE IN MORE THAN ONE PARTY SECTION,

18

YOUR PARTISAN BALLOT WILL BE REJECTED.

19

DO NOT vote for more candidates than indicated  under each office

20

title.

21

WRITE-IN CANDIDATES: To vote for a candidate whose name is not

22

printed on the ballot, write or place the name of that candidate

23

in the blank space provided and (completely darken the oval) or

24

(complete the arrow). Do not cast a write-in vote for a candidate

25

whose name is already printed on the ballot for that office.

26

CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain

27

to check the reverse side of the ballot.


 1

WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy

 2

sleeve so that votes cannot be seen and the numbered stub is

 3

visible. Return the ballot to the election official stationed at

 4

the tabulator. (If voting by absentee ballot, follow the

 5

instructions provided by the clerk for returning the ballot.)

 6

NOTE: If you make a mistake, return your ballot to the election

 7

official and obtain a new ballot. Do not attempt to erase or

 8

correct any marks made in error.

 

 

 9        Sec. 759a. (1) An absent uniformed services voter or an

 

10  overseas voter who is not registered, but possessed the

 

11  qualifications of an elector under section 492, may apply for

 

12  registration by using the federal postcard application. The

 

13  department of state, bureau of elections, is responsible for

 

14  disseminating information on the procedures for registering and

 

15  voting to an absent uniformed services voter and an overseas voter.

 

16        (2) Upon the request of an absent uniformed services voter or

 

17  an overseas voter, the clerk of a county, city, township, or

 

18  village shall electronically transmit a blank voter registration

 

19  application or blank absent voter ballot application to the voter.

 

20  The clerk of a county, city, township, or village shall accept a

 

21  completed voter registration application or completed absent voter

 

22  ballot application electronically transmitted by an absent

 

23  uniformed services voter or overseas voter. A voter registration

 

24  application or absent voter ballot application submitted by an

 

25  absent uniformed services voter or overseas voter shall must

 

26  contain the signature of the voter.

 

27        (3) A spouse or dependent of an overseas voter who is a


 1  citizen of the United States, is accompanying that overseas voter,

 

 2  and is not a qualified and registered elector anywhere else in the

 

 3  United States, may apply for an absent voter ballot even though the

 

 4  spouse or dependent is not a qualified elector of a city or

 

 5  township of this state.

 

 6        (4) An absent uniformed services voter or an overseas voter,

 

 7  whether or not registered to vote, may apply for an absent voter

 

 8  ballot. Upon receipt of an application for an absent voter ballot

 

 9  under this section that complies with this act, a county, city,

 

10  village, or township clerk shall forward to the applicant the

 

11  absent voter ballots requested, the forms necessary for

 

12  registration, and instructions for completing the forms. If the

 

13  ballots are not yet available at the time of receipt of the

 

14  application, the clerk shall immediately forward to the applicant

 

15  the registration forms and instructions, and forward the ballots as

 

16  soon as they are available. If a federal postcard application or an

 

17  application from the official United States department Department

 

18  of defense Defense website is filed, the clerk shall accept the

 

19  federal postcard application or the application from the official

 

20  United States department Department of defense Defense website as

 

21  the registration application and shall not send any additional

 

22  registration forms to the applicant. If the ballots and

 

23  registration forms are received before the close of the polls on

 

24  election day and if the registration complies with the requirements

 

25  of this act, the absent voter ballots shall must be delivered to

 

26  the proper election board to be tabulated. If the registration does

 

27  not comply with the requirements of this act, the clerk shall


 1  retain the absent voter ballots until the expiration of the time

 

 2  that the voted ballots must be kept and shall then destroy the

 

 3  ballots without opening the envelope. The clerk may retain

 

 4  registration forms completed under this section in a separate file.

 

 5  The address in this state shown on a registration form is the

 

 6  residence of the registrant.

 

 7        (5) Not later than 45 days before an election, a county, city,

 

 8  township, or village clerk shall electronically transmit or mail as

 

 9  appropriate an absent voter ballot to each absent uniformed

 

10  services voter or overseas voter who applied for an absent voter

 

11  ballot 45 days or more before the election.

 

12        (6) Upon the request of an absent uniformed services voter or

 

13  overseas voter, the clerk of a county, city, township, or village

 

14  shall electronically transmit an absent voter ballot to the voter.

 

15  The voter shall print the absent voter ballot and return the voted

 

16  ballot by mail to the appropriate clerk.

 

17        (7) The secretary of state shall prescribe electronic absent

 

18  voter ballot formats and electronic absent voter ballot

 

19  transmission methods. Each county, city, township, or village clerk

 

20  shall employ the prescribed electronic ballot formats to fulfill an

 

21  absent voter ballot request received from an absent uniformed

 

22  services voter or overseas voter who wishes to receive his or her

 

23  absent voter ballot through an electronic transmission. The

 

24  secretary of state shall establish procedures to implement the

 

25  requirements in this section and for the processing of a marked

 

26  absent voter ballot returned by an absent uniformed services voter

 

27  or overseas voter who obtained his or her absent voter ballot


 1  through an electronic transmission.

 

 2        (8) The secretary of state shall modify the printed statement

 

 3  provided under section 761(4) and the absent voter ballot

 

 4  instructions provided under section 764a as appropriate to

 

 5  accommodate the procedures developed for electronically

 

 6  transmitting an absent voter ballot to an absent uniformed services

 

 7  voter or overseas voter. A statement shall must be included in the

 

 8  certificate signed by the absent voter who obtained his or her

 

 9  absent voter ballot through an electronic transmission that the

 

10  secrecy of the absent voter ballot may be compromised during the

 

11  duplication process. The absent voter ballot instructions provided

 

12  to an absent uniformed services voter or overseas voter shall must

 

13  include the proper procedures for returning the absent voter ballot

 

14  to the appropriate clerk.

 

15        (9) The size of a precinct shall must not be determined by

 

16  registration forms completed under this section.

 

17        (10) An absent uniformed services voter or an overseas voter

 

18  who submits an absent voter ballot application is eligible to vote

 

19  as an absent voter in any local, state, or federal election

 

20  occurring in the calendar year in which the election is held for

 

21  that ballot requested if the absent voter ballot application is

 

22  received by the county, city, village, or township clerk not later

 

23  than 2 p.m. of the Saturday before the election. A county, city, or

 

24  township clerk receiving an absent voter ballot application from an

 

25  absent uniformed services voter or overseas voter shall transmit to

 

26  a village clerk and the school district election coordinators,

 

27  where applicable, the necessary information to enable the village


 1  clerk and school district election coordinators to forward an

 

 2  absent voter ballot for each applicable election in that calendar

 

 3  year to the absent voter. A village clerk receiving an absent voter

 

 4  ballot application from an absent uniformed services voter or

 

 5  overseas voter shall transmit to the township clerk and the school

 

 6  district election coordinators, where applicable, the necessary

 

 7  information to enable the city or township clerk and school

 

 8  district election coordinators to forward an absent voter ballot

 

 9  for each applicable election in that calendar year to the absent

 

10  voter. If the local elections official rejects a voter registration

 

11  application or absent voter ballot application submitted by an

 

12  absent uniformed services voter or overseas voter, the election

 

13  official shall notify the voter of the rejection.

 

14        (11) An electronic mail address provided by an absent

 

15  uniformed services voter or overseas voter for the purposes of this

 

16  section is confidential and exempt from disclosure under the

 

17  freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

18        (12) Under the uniformed and overseas citizens absentee voting

 

19  act, the state director of elections shall approve a ballot form

 

20  and registration procedures for absent uniformed services voters

 

21  and overseas voters.

 

22        (13) An absent uniformed services voter or an overseas voter

 

23  may use the federal write-in absentee ballot, in accordance with

 

24  the provisions of the uniformed and overseas citizens absentee

 

25  voting act, at a regular election or special election to vote for a

 

26  local, state, or federal office or on a ballot question. An absent

 

27  uniformed services voter or an overseas voter who uses the federal


 1  write-in absentee ballot shall return his or her voted federal

 

 2  write-in absentee ballot by mail to the appropriate clerk. The

 

 3  state bureau of elections shall do both of the following:

 

 4        (a) Make the ballot format for each election available to

 

 5  absent uniformed services voters and overseas voters by electronic

 

 6  mail or on an internet website maintained by the department of

 

 7  state.

 

 8        (b) Make the ballot information, including the offices, names

 

 9  of candidates, and ballot proposals, for each election available to

 

10  absent uniformed services voters and overseas voters on an internet

 

11  website maintained by the department of state.

 

12        (14) The clerk of a city, village, or township shall submit to

 

13  the county clerk of the county in which that city, village, or

 

14  township is located a written statement no later than 45 days

 

15  before each election indicating whether absent voter ballots were

 

16  issued to absent uniformed services voters or overseas voters in

 

17  compliance with this section and the uniformed and overseas

 

18  citizens absentee voting act. The city, village, or township clerk

 

19  shall provide to the county clerk a written explanation describing

 

20  remedial actions taken by the city, village, or township clerk if

 

21  the city, village, or township clerk fails to comply with this

 

22  section and the uniformed and overseas citizens absentee voting

 

23  act. Not later than 42 days before each election, each county clerk

 

24  shall submit to the state bureau of elections a written report

 

25  compiled from the written statements submitted by the city,

 

26  village, and township clerks. The written report shall must

 

27  identify the cities, villages, and townships that complied with the


 1  45-day deadline under this subsection, the cities, villages, and

 

 2  townships that did not comply with the 45-day deadline under this

 

 3  subsection, but provided a written explanation, and those cities,

 

 4  villages, and townships that did not comply with the 45-day

 

 5  deadline under this subsection and that did not provide a written

 

 6  explanation. The state bureau of elections may require the clerk of

 

 7  a city, village, or township that did not comply with the 45-day

 

 8  deadline under this subsection, but provided a written explanation,

 

 9  to provide additional information. The state bureau of elections

 

10  shall require the clerk of a city, village, or township that did

 

11  not comply with the 45-day deadline and that did not provide a

 

12  written explanation to file a written explanation, describing the

 

13  remedial actions taken by the city, village, or township clerk,

 

14  within 1 business day after the state bureau of elections notifies

 

15  the clerk of that city, village, or township.

 

16        (15) For a primary election or presidential primary election,

 

17  the secretary of state shall prescribe procedures for contacting an

 

18  elector who is an absent uniformed services voter or an overseas

 

19  voter, as described in this section, and who is eligible to receive

 

20  an absent voter ballot or who applies for an absent voter ballot

 

21  for the primary election or presidential primary election, offering

 

22  the elector the opportunity to select a political party ballot for

 

23  the primary election or presidential primary election.

 

24        (16) The secretary of state shall order a city, village, or

 

25  township clerk to extend the ballot receipt deadline for any

 

26  absentee voter ballots under this section that were not transmitted

 

27  to an absent uniformed services voter or overseas voter in


 1  compliance with subsection (5). The extension shall must equal the

 

 2  total number of days beyond the deadline as provided in subsection

 

 3  (5) that the city, village, or township clerk transmitted the

 

 4  requested absentee voter ballots. These absentee voter ballots

 

 5  received during the extension time shall must be counted and

 

 6  tabulated for the final results of the election provided that the

 

 7  absentee voter ballots are executed and sent by the close of the

 

 8  polls on election day. The election may be formally certified

 

 9  before the end of the extension time if the number of outstanding

 

10  absentee voter ballots under this subsection will not alter the

 

11  outcome of the election.

 

12        (17) As used in this section:

 

13        (a) "Absent uniformed services voter" means any of the

 

14  following:

 

15        (i) A member of a uniformed service on active duty who, by

 

16  reason of being on active duty, is absent from the place of

 

17  residence where the member is otherwise qualified to vote.

 

18        (ii) A member of the merchant marine who, by reason of service

 

19  in the merchant marine, is absent from the place of residence where

 

20  the member is otherwise qualified to vote.

 

21        (iii) A spouse or dependent of a member referred to in

 

22  subparagraph (i) or (ii) who, by reason of the active duty or

 

23  service of the member, is absent from the place of residence where

 

24  the spouse or dependent is otherwise qualified to vote.

 

25        (b) "Member of the merchant marine" means an individual, other

 

26  than a member of a uniformed service or an individual employed,

 

27  enrolled, or maintained on the Great Lakes or the inland waterways,


 1  who is either of the following:

 

 2        (i) Employed as an officer or crew member of a vessel

 

 3  documented under the laws of the United States, a vessel owned by

 

 4  the United States, or a vessel of foreign-flag registry under

 

 5  charter to or control of the United States.

 

 6        (ii) Enrolled with the United States for employment or

 

 7  training for employment, or maintained by the United States for

 

 8  emergency relief service, as an officer or crew member of a vessel

 

 9  documented under the laws of the United States, a vessel owned by

 

10  the United States, or a vessel of foreign-flag registry under

 

11  charter to or control of the United States.

 

12        (c) "Overseas voter" means any of the following:

 

13        (i) An absent uniformed services voter who, by reason of

 

14  active duty or service, is absent from the United States on the

 

15  date of an election.

 

16        (ii) A person who resides outside of the United States and is

 

17  qualified to vote in the last place in which the person was

 

18  domiciled before leaving the United States.

 

19        (iii) A person who resides outside of the United States and

 

20  who, but for such residence outside of the United States, would be

 

21  qualified to vote in the last place in which he or she was

 

22  domiciled before leaving the United States.

 

23        (d) "Uniformed services" means the army, navy, air force,

 

24  marine corps, coast guard, Army, Navy, Air Force, Marine Corps,

 

25  Coast Guard, the commissioned corps Commissioned Corps of the

 

26  public health service, Public Health Service, the commissioned

 

27  corps Commissioned Corps of the national oceanic National Oceanic


 1  and atmospheric administration, Atmospheric Administration, a

 

 2  reserve component of a uniformed service, or the Michigan national

 

 3  guard National Guard as defined in section 105 of the Michigan

 

 4  military act, 1967 PA 150, MCL 32.505.

 

 5        Sec. 759c. For a primary election or presidential primary

 

 6  election, the secretary of state shall revise the absent voter

 

 7  ballot application form described in section 759 or provide a

 

 8  separate form to require that a primary elector or presidential

 

 9  primary elector indicate a political party ballot selection when

 

10  requesting an absent voter ballot.

 

11        Sec. 795. (1) An electronic voting system acquired or used

 

12  under sections 794 to 799a shall must meet all of the following

 

13  requirements:

 

14        (a) Provide for voting in secrecy, except in the case of

 

15  voters who receive assistance as provided by this act.

 

16        (b) Permit each elector to vote at an election for all persons

 

17  and offices for whom and for which the elector is lawfully entitled

 

18  to vote; to vote for as many persons for an office as the elector

 

19  is entitled to vote for; and to vote for or against any question

 

20  upon which the elector is entitled to vote. Except as otherwise

 

21  provided in this subdivision, the electronic tabulating equipment

 

22  shall must reject all choices recorded on the elector's ballot for

 

23  an office or a question if the number of choices exceeds the number

 

24  that the elector is entitled to vote for on that office or

 

25  question. Electronic tabulating equipment that can detect that the

 

26  choices recorded on an elector's ballot for an office or a question

 

27  exceeds the number that the elector is entitled to vote for on that


 1  office or question shall must be located at each polling place and

 

 2  programmed to reject a ballot containing that type of an error. If

 

 3  a choice on a ballot is rejected as provided in this subdivision,

 

 4  an elector shall must be given the opportunity to have that ballot

 

 5  considered a spoiled ballot and to vote another ballot.

 

 6        (c) Permit an elector, at a presidential election, by a single

 

 7  selection to vote for the candidates of a party for president,

 

 8  vice-president, and presidential electors.

 

 9        (d) Permit an elector in a primary election to vote for the

 

10  candidates in the party primary of the elector's choice. Except as

 

11  otherwise provided in this subdivision, the electronic tabulating

 

12  equipment shall reject each ballot on which votes are cast for

 

13  candidates of more than 1 political party. Electronic tabulating

 

14  equipment that can detect that the elector has voted for candidates

 

15  of more than 1 political party shall be located at each polling

 

16  place and programmed to reject a ballot containing that type of an

 

17  error. If a choice on a ballot is rejected as provided in this

 

18  subdivision, an elector shall be given the opportunity to have that

 

19  ballot considered a spoiled ballot and to vote another ballot.

 

20        (e) Prevent an elector from voting for the same person more

 

21  than once for the same office.

 

22        (f) Reject a ballot on which no valid vote is cast. Electronic

 

23  tabulating equipment shall must be programmed to reject a ballot on

 

24  which no valid vote is cast.

 

25        (g) Be suitably designed for the purpose used; be durably

 

26  constructed; and be designed to provide for safety, accuracy, and

 

27  efficiency.


 1        (h) Be designed to accommodate the needs of an elderly voter

 

 2  or a person with 1 or more disabilities.

 

 3        (i) Record correctly and count accurately each vote properly

 

 4  cast.

 

 5        (j) Provide an audit trail.

 

 6        (k) Provide an acceptable method for an elector to vote for a

 

 7  person whose name does not appear on the ballot.

 

 8        (l) Allow for accumulation of vote totals from the precincts

 

 9  in the jurisdiction. The accumulation software must meet

 

10  specifications prescribed by the secretary of state and must be

 

11  certified by the secretary of state as meeting these

 

12  specifications.

 

13        (m) Be compatible with or include at least 1 voting device

 

14  that is accessible for an individual with disabilities to vote in a

 

15  manner that provides the same opportunity for access and

 

16  participation, including secrecy and independence, as provided for

 

17  other voters. The voting device shall must include nonvisual

 

18  accessibility for the blind and visually impaired.

 

19        (2) Electronic tabulating equipment that counts votes at the

 

20  precinct before the close of the polls shall must provide a method

 

21  for rendering the equipment inoperable if vote totals are revealed

 

22  before the close of the polls. Electronic tabulating equipment that

 

23  tabulates ballots, including absentee ballots, at a central

 

24  location shall must be programmed to reject a ballot if the choices

 

25  recorded on an elector's ballot for an office or a question exceed

 

26  the number that the elector is entitled to vote for on that office

 

27  or question , or if no valid choices are recorded on an elector's


 1  ballot. , or if, in a primary election, votes are recorded for

 

 2  candidates of more than 1 political party.

 

 3        (3) Beginning January 1, 2006, each Each jurisdiction in this

 

 4  state conducting an election shall must equip each polling place

 

 5  with at least 1 accessible voting device as required under

 

 6  subsection (1)(m).

 

 7        Enacting section 1. This amendatory act takes effect 90 days

 

 8  after the date it is enacted into law.