HOUSE BILL No. 4675 May 13, 1999, Introduced by Reps. O'Neil, Hale, Callahan, Lockwood, Switalski, Schauer, Jacobs, Lemmons, Schermesser, Kelly, Dennis, Woodward, DeHart, Baird, Quarles, Garza, Minore, Daniels, Spade and Bovin and referred to the Committee on Constitutional Law and Ethics. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 792a (MCL 168.792a), as amended by 1996 PA 583. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 792a. (1) Except as otherwise provided in this subsec- 2 tion, the absent voter ballots in a city, township, or village 3 that uses voting machines shall be counted by absent voter count- 4 ing boards. The board of election commissioners of a city, town- 5 ship, or village that has 2 precincts or less or of a city that 6 has 500,000 or more in population may decide that the absent 7 voter ballots shall be counted in the manner provided in section 8 791. In a city, township, or village that does not use voting 9 machines, the absent voter ballots may be counted by absent voter 02868'99 KKR 2 1 counting boards or in the same manner as is otherwise provided 2 for precincts in which voting is not done on voting machines. 3 (2) The board of election commissioners shall establish the 4 absent voter counting boards. The board of election commission- 5 ers shall determine the number of absent voter counting boards to 6 be established and shall appoint the election inspectors to those 7 absent voter counting boards 10 days or more before the election 8 at which they are to be used. Sections 673a and 674 apply to the 9 appointment of election inspectors to absent voter counting 10 boards under this section. The board of election commissioners 11 shall determine the number of ballots that may be expeditiously 12 counted by an absent voter counting board in a reasonable period 13 of time, taking into consideration the size and complexity of the 14 ballot to be counted pursuant to the guidelines of the secretary 15 of state. Combined ballots shall be regarded as the number of 16 ballots as there are sections to the ballot. 17 (3) If more than 1 absent voter counting board is to be 18 used, the city, township, or village clerk shall determine the 19 number of voting machines or the number of ballot boxes and the 20 number of election inspectors to be used in each of the absent 21 voter counting boards and to which absent voter counting board 22 the absent voter ballots for each precinct shall be assigned for 23 counting. The clerk shall make the determination under this sub- 24 section 2 days or more before the election and shall not assign 25 an absent voter counting board more ballots than the maximum 26 number authorized by the board of election commissioners under 27 subsection (2). The clerk is not required to use all of the 02868'99 3 1 absent voter counting boards authorized by the board of election 2 commissioners under subsection (2). 3 (4) In a city, township, or village that uses absent voter 4 counting boards under this section, absent voter ballots shall be 5 counted in the manner provided in this section and absent voter 6 ballots shall not be delivered to the polling places. The board 7 of election commissioners shall provide a place for each absent 8 voter counting board to count the absent voter ballots. Section 9 662 applies to the designation and prescribing of the absent 10 voter counting place or places in which the absent voter counting 11 board performs its duties under this section. The places shall 12 be designated as absent voter counting places. Except as other- 13 wise provided in this section, laws relating to paper ballot pre- 14 cincts, including laws relating to the appointment of election 15 inspectors, apply to absent voter counting places. If a counting 16 place uses voting machines, the provisions of this section relat- 17 ing to placing of absent voter ballots on voting machines apply. 18 More than 1 absent voter counting board may be located in 1 19 building. 20 (5) The clerk of a city, township, or village that uses 21 absent voter counting boards shall supply each absent voter 22 counting board with supplies necessary to carry out their duties 23 under this act. The supplies shall be furnished to the city, 24 township, or village clerk in the same manner and by the same 25 persons or agencies as for other precincts. 26 (6) Absent voter ballots received by the clerk before 27 election day shall be delivered to the absent voter counting 02868'99 4 1 board by the clerk at the time the election inspectors of the 2 absent voter counting boards report for duty, which time shall be 3 established by the board of election commissioners. Absent voter 4 ballots received by the clerk on election day shall be delivered 5 to the absent voter counting boards before the time set for the 6 closing of the polls. Absent voter ballots shall be delivered to 7 the absent voter counting boards in the sealed absent voter 8 ballot return envelopes in which they were returned to the 9 clerk. Written or stamped on each of the return envelopes shall 10 be the time and the date that the envelope was received by the 11 clerk and a statement by the clerk that the signatures of the 12 absent voters on the envelopes have been checked and found to 13 agree with the signatures of the voters on the registration 14 cards. If a signature on the registration card and on the absent 15 voter ballot return envelope does not agree, if the absent voter 16 failed to sign the envelope, or if the statement of the absent 17 voter is not properly executed, the clerk shall mark the envelope 18 "rejected" and the reason for the rejection and shall place his 19 or her name under the notation. An envelope marked "rejected" 20 shall not be delivered to the absent voter counting board but 21 shall be preserved by the clerk until other ballots are destroyed 22 in the manner provided in this act. The clerk shall also comply 23 with section 765(5). 24 (7) At the time of issuing or mailing absent voter ballots 25 to qualified applicants, the clerk of a city, township, or vil- 26 lage that uses absent voter counting boards shall mark the 02868'99 5 1 letters "A.V." and the date of election on the registration card 2 of the applicant in the precinct registration file. 3 (8) This chapter does not prohibit an absent voter from 4 voting in person within the voter's precinct at an election, not- 5 withstanding that the voter may have applied for an absent voter 6 ballot and the ballot may have been mailed or otherwise delivered 7 to the voter. The voter, the election inspectors, and other 8 election officials shall proceed in the manner prescribed in 9 section 769. The clerk shall preserve the canceled ballots for 2 10 years. 11 (9) The absent voter counting boards shall process the bal- 12 lots and returns in as nearly as possible the same manner as bal- 13 lots are processed in paper ballot precincts. The poll book may 14 be combined with the absent voter list or record required by sec- 15 tion 760, and the applications for absent voter ballots may be 16 used as the poll list. The processingand tallyingONLY of 17 absent voter ballots may commence at712:01 a.m. on the day of 18 the election. AS USED IN THIS SECTION, "PROCESSING" INCLUDES ALL 19 THE STEPS NECESSARY TO PREPARE THE ABSENT VOTER BALLOTS FOR 20 TALLYING. THE TALLYING OF ABSENT VOTER BALLOTS SHALL NOT COM- 21 MENCE UNTIL 7 A.M. ON THE DAY OF THE ELECTION. 22 (10) An election inspector, challenger, or any other person 23 in attendance at an absent voter counting place at any time after 24 the processing of ballots has begun shall take and sign the fol- 25 lowing oath that may be administered by the chairperson or a 26 member of the absent voter counting board: 02868'99 6 1 "I (name of person taking oath) do solemnly swear (or 2 affirm) that I shall not communicate in any way any information 3 relative to the processing or tallying of votes that may come to 4 me while in this counting place until after the polls are 5 closed.". 6 (11) The oaths administered under subsection (10) shall be 7 placed in an envelope provided for the purpose and sealed with 8 the red state seal. Following the election the oaths shall be 9 delivered to the city, township, or village clerk. Except as 10 otherwise provided in subsection (16), a person in attendance at 11 the absent voter counting place shall not leave the counting 12 place after the tallying has begun until the polls close. A 13 person who causes the polls to be closed or who discloses an 14 election result or in any manner characterizes how any ballot 15 being counted has been voted in a voting precinct before the time 16 the polls can be legally closed on election day is guilty of a 17 felony. 18 (12) At the time the board of election commissioners provide 19 for the use of absent voter counting boards, the board of elec- 20 tion commissioners may provide that the absent voter counting 21 boards shall record the votes contained on absent voter ballots 22 on voting machines. In that case, the recording of ballots shall 23 be done by the chairperson of the absent voter counting board or 24 another member designated by the chairperson. The act of casting 25 the votes shall be performed in the presence of and under the 26 careful observation and full view of all members of the absent 27 voter counting board, party challengers, and any other persons 02868'99 7 1 lawfully present at the absent voter counting place. The vote as 2 indicated by the voting pointers shall not be recorded until each 3 member of the absent voter counting board is satisfied that the 4 arrangement of the voting pointers fully carries out the intent 5 of the absent voter as shown by the cross marks or check marks on 6 the absent voter ballot. A certificate that the requirements of 7 this subsection were met shall be made on the election 8 inspectors' statement of returns. 9 (13) As soon as absent voter ballots have been cast on a 10 voting machine pursuant to subsection (12), but not before 8 11 p.m., the election inspectors shall seal the operating lever of 12 the machine against voting and shall then proceed to determine 13 and record the votes cast in the manner provided in this act. 14 (14) Voted absent voter ballots shall be placed in a ballot 15 box and the ballot bag and ballot box shall be sealed in the 16 manner provided by this act for paper ballot precincts. The seal 17 numbers shall be recorded on the statement sheet and in the poll 18 book. 19 (15) In a city, township, or village where challenged voters 20 are required to vote on absent voter ballots, each challenged 21 voter ballot and application for ballot, after having been voted 22 and properly identified, shall be placed by the voter in an 23 absent voter ballot return envelope. The applicable information 24 required on the back of the envelope shall be completed by the 25 board of election inspectors. The envelope shall be signed by 26 the challenged voter and by the chairperson of the precinct board 27 of election inspectors. The word "challenged" shall be written 02868'99 8 1 across the front of the envelope. The envelope and application 2 for ballot shall be sealed and delivered to the absent voter 3 counting place by the clerk of the city, township, or village. 4 Immediately after the closing of the polls, the chairperson of 5 the precinct board of election inspectors shall notify the clerk 6 of the city, township, or village of remaining challenged voter 7 ballots to be delivered to the absent voter counting place. In a 8 city, township, or village that uses voting machines where absent 9 voter counting boards are not used, challenged ballots shall be 10 counted and tallied in the precincts, in the same manner that 11 absent voter ballots are tallied and counted as provided in sec- 12 tion 791. 13 (16) Subject to this subsection, a local election official 14 who has established an absent voter counting board, the deputy or 15 employee of that local election official, or an employee of the 16 state bureau of elections may enter and leave an absent voter 17 counting board after the tally has begun but before the polls 18 close. A person described in this subsection may enter an absent 19 voter counting board only for the purpose of responding to an 20 inquiry from an election inspector or a challenger or to provide 21 instructions on the operation of the counting board. Before 22 entering an absent voter counting board, a person described in 23 this subsection shall take and sign the oath prescribed in sub- 24 section (10). The chairperson of the absent voter counting board 25 shall record in the poll book the name of a person described in 26 this subsection who enters the absent voter counting board. A 27 person described in this subsection who enters an absent voter 02868'99 9 1 counting board and who discloses an election result or in any 2 manner characterizes how any ballot being counted has been voted 3 in a precinct before the time the polls can be legally closed on 4 election day is guilty of a felony. As used in this subsection, 5 "local election official" means a county, city, township, or vil- 6 lage clerk, the secretary of a school board, or an employee of a 7 school district designated to conduct a school election. 8 (17) The secretary of state shall develop instructions con- 9 sistent with this act for the conduct of absent voter counting 10 boards. The secretary of state shall distribute the instructions 11 developed under this subsection to city and township clerks 40 12 days or more before a general election in which absent voter 13 counting boards will be used. A city or township clerk shall 14 make the instructions developed under this subsection available 15 to the public and shall distribute the instructions to each chal- 16 lenger in attendance at an absent voter counting board. The 17 instructions developed under this subsection are binding upon the 18 operation of an absent voter counting board used in an election 19 conducted by a county, city, township, village, school district, 20 or any other jurisdiction empowered to conduct an election under 21 this act. 02868'99 Final page. KKR