SENATE BILL No. 1279

May 17, 2000, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 667 (MCL 168.667).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 667. (1) At any federal, state, district, or county

2 primary or election, the various boards of county election com-

3 missioners shall furnish, at the expense of their respective

4 counties, ALL OF the following:

5 (a) The several boards of election commissioners shall fur-

6 nish suitable SUITABLE forms for use by the precinct inspectors

7 of election in making returns of any such A primary or election

8 to the boards of county canvassers. The names of all qualified

9 candidates shall be printed thereon ON THOSE FORMS in their

10 proper office divisions and after each name there shall be

11 provided spaces in which to write the number of votes received by

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1 that particular candidate in any A given precinct in words and

2 figures. Said THE prescribed forms shall also have printed

3 thereon ON THEM the title or caption or other designation iden-

4 tifying any amendment or question to be voted on, together

5 ALONG with spaces similar to those provided after the names of

6 candidates for recording the affirmative YES and negative NO

7 votes cast for each such amendment or question. Said THE

8 statement of returns form shall also contain a certificate to be

9 subscribed by each member of the precinct election board in the

10 following form:

11

12 STATE OF MICHIGAN )

13 ) ss

14 County of.............)

15 Ward (or township) .......... Precinct

16 ..........

17 CERTIFICATE OF BOARD OF PRECINCT ELECTION INSPECTORS FOR

18 RETURNS AND FOR SEALING BALLOTS AND BOXES

19 WE DO HEREBY CERTIFY That the foregoing STATEMENT OF

20 RETURNS FORM is a correct statement of returns of the votes cast

21 in the precinct indicated above, at the (primary or election)

22 held on .........., the .......... day of .............., 19

23 20...., for the several candidates and for the (amendments or

24 propositions) herein shown IN THE STATEMENT OF RETURNS FORM.

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1 WE DO HEREBY FURTHER CERTIFY That all ballots cast at the

2 (primary or election) held in the above designated precinct of

3 the (city, ward, township, or village) of .........., State of

4 Michigan, on the .......... day of .........., in the year 19

5 20...., have been securely tied in packages or rolls and sealed

6 in such A manner as to render it impossible to open such

7 THE packages or rolls or remove any of the contents thereof OF

8 THE PACKAGES OR ROLLS without breaking the said seals; that

9 there was endorsed on each of said THE packages or rolls a

10 statement showing the number and kind of ballots included in each

11 such package or roll; that all of said THE packages or rolls,

12 so endorsed, together with one WITH THE ENDORSEMENT AND 1 tally

13 sheet, were placed in the proper ballot box or boxes; that the

14 slots in the ballot boxes were closed, that the ballot boxes were

15 securely sealed with the official metal seals furnished for that

16 purpose; AND that such THE seals were affixed in such A

17 manner as to render it impossible to open such THE ballot boxes

18 without breaking such THE seals.

19 IN WITNESS WHEREOF, We have hereunto set our hands this

20 .......... day of ............., A.D., 19.... . SUBSCRIBED

21 BY:

22 ..........................

23 ..........................

24 ..........................

25 Members of the Board of Election Inspectors

26 ____________________

27 DATE

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1 (b) The several county boards of election commissioners

2 shall, at the expense of their respective counties, furnish

3 suitable SUITABLE tally sheets or combined tally and return

4 sheets to be used by the inspectors of election in counting the

5 votes for all candidates and for amendments or propositions sub-

6 mitted on ballots prepared by said THE commissioners. and THE

7 COUNTY BOARDS OF ELECTION COMMISSIONERS shall deliver the same

8 THEM to the inspectors of election , as provided in this act in

9 the case of ballots; IN THE SAME WAY AS BALLOTS.

10 (c) The various boards of county election commissioners

11 shall furnish self-addressed SELF-ADDRESSED substantial paper

12 envelopes with gummed flaps to be used by the various boards of

13 precinct election inspectors for sealing the statements of

14 returns, the tally books or combined tally and return sheets,

15 poll lists, and a certificate of election inspectors. ;

16 (d) The several boards of county election commissioners

17 shall furnish a A sufficient number of substantial paper wrap-

18 pers for use in wrapping the packages or rolls of each kind of

19 ballots cast at any state or county primary or election. Such

20 THE wrappers shall have printed thereon ON THEM a form for

21 recording the date of the election, the city, ward or township,

22 and precinct, the number and kind of ballots contained in such

23 THE package or roll, and a statement to be signed by the

24 chairman CHAIRPERSON certifying that such THE ballots have

25 been wrapped, tied, and sealed in the required manner. The board

26 of election commissioners of any city or township may supply a

27 bag type container to be used in lieu INSTEAD of the paper

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1 wrappers. The minimum specifications of such THE bag type

2 containers shall be established by the secretary of state. If

3 such THE bag type containers are to be used in any city or

4 township, the clerk thereof OF THE CITY OR TOWNSHIP shall

5 notify the county clerk and, thereafter AFTER NOTIFICATION,

6 paper wrappers shall not be furnished to such THAT city or

7 township. Each specific type of bag type container shall be

8 approved by the secretary of state before being used. Such THE

9 bag shall have securely attached thereto TO IT a tag on which

10 can be written CONTAINING the same information as is required to

11 be placed on the paper wrappers. and such THE bag shall contain

12 a device whereby ENABLING it can TO be sealed with a metal

13 seal. Hereafter any ANY references in law to the wrapping and

14 sealing of paper ballots by precinct inspectors shall be deemed

15 ARE CONSIDERED to include placing of ballots in bag type contain-

16 ers and sealing of such THE bags in precincts using bag type

17 containers in lieu INSTEAD of paper wrappers. ; and

18 (e) The board of election commissioners of each county

19 shall provide, at the expense of the county, for each state, dis-

20 trict or county election in said county, as AS many black or

21 blue lead pencils as may be necessary to supply each election

22 precinct with at least 3 of such THOSE pencils for each booth

23 erected PLACED in such THAT precinct. The pencils provided

24 for each precinct shall be enclosed with the official ballots

25 when delivered to the city or township clerk. as by law

26 provided. The inspectors of election shall attach such THE

27 pencils with strings, or in other suitable manner, to the shelf

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1 of the booth. The board of election commissioners of each county

2 shall issue a warrant in payment for said THOSE pencils , and

3 said warrant shall be paid FOR PAYMENT by the county treasurer

4 out of the general fund of the county.

5 (2) THE SECRETARY OF STATE SHALL DIRECT THE COUNTY, CITY,

6 AND TOWNSHIP CLERKS WITHIN EACH COUNTY TO SELECT A SINGLE PRE-

7 FERRED VOTING SYSTEM FOR EACH COUNTY. THE COUNTY CLERKS SHALL

8 REPORT TO THE SECRETARY OF STATE THE NAME AND MODEL OF THE PRE-

9 FERRED VOTING SYSTEM FOR THE COUNTY NO LATER THAN MARCH 1, 2001.

10 (3) BEFORE MARCH 1, 2001, EACH COUNTY CLERK SHALL CONVENE

11 THE CITY AND TOWNSHIP CLERKS WITHIN THEIR COUNTY TO DETERMINE THE

12 PREFERRED VOTING SYSTEM FOR THAT COUNTY. THE SELECTION SHALL BE

13 MADE BY MAJORITY VOTE OF THE COUNTY, CITY, AND TOWNSHIP CLERKS.

14 THE CLERKS SHALL CONSULT WITH THE LEGISLATIVE BODY OF THEIR

15 RESPECTIVE COMMUNITIES BEFORE PARTICIPATING IN THE SELECTION

16 PROCESS. FOR THE PURPOSE OF THE SELECTION, A PREFERRED SYSTEM

17 MUST BE EITHER A MECHANICAL LEVER VOTING MACHINE, PAPER BALLOT,

18 OR AN ELECTRONIC VOTING SYSTEM APPROVED BY THE BOARD OF STATE

19 CANVASSERS.

20 (4) JURISDICTIONS ARE NOT REQUIRED TO PURCHASE A NEW VOTING

21 SYSTEM UNDER THIS SECTION. AFTER A PREFERRED VOTING SYSTEM IS

22 SELECTED AND REPORTED TO THE SECRETARY OF STATE, THE COUNTY BOARD

23 OF ELECTION COMMISSIONERS IS NOT RESPONSIBLE FOR INCURRING THE

24 EXPENSE FOR BALLOTS OR OTHER UNIQUE SUPPLIES FOR A VOTING SYSTEM

25 THAT IS PURCHASED AFTER THE REPORT TO THE SECRETARY OF STATE AND

26 THAT IS NOT THE PREFERRED VOTING SYSTEM. THE COUNTY BOARD OF

27 ELECTION COMMISSIONERS SHALL CONTINUE TO INCUR THE EXPENSE FOR

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1 BALLOTS AND UNIQUE SUPPLIES FOR VOTING SYSTEMS THAT ARE NOT THE

2 PREFERRED VOTING SYSTEM BUT WERE PURCHASED BEFORE THE REPORT OF A

3 PREFERRED VOTING SYSTEM TO THE SECRETARY OF STATE.

4 (5) NOT LATER THAN MARCH 1, 2011, AND AT LEAST EVERY 10

5 YEARS THEREAFTER, EACH COUNTY CLERK SHALL CONVENE THE CITY AND

6 TOWNSHIP CLERKS WITHIN THEIR COUNTY TO REVIEW THE COUNTY PRE-

7 FERRED VOTING SYSTEM AND DETERMINE, BY MAJORITY VOTE OF THE

8 CLERKS, WHETHER TO CONTINUE WITH THE CURRENT PREFERRED VOTING

9 SYSTEM OR SELECT A NEW PREFERRED VOTING SYSTEM. THE CLERKS SHALL

10 CONSULT WITH THE LEGISLATIVE BODIES OF THEIR RESPECTIVE COMMUNI-

11 TIES BEFORE PARTICIPATING IN THE SELECTION PROCESS. A PREFERRED

12 VOTING SYSTEM MUST BE A VOTING SYSTEM APPROVED BY THE BOARD OF

13 STATE CANVASSERS. IF A NEW COUNTY PREFERRED VOTING SYSTEM IS

14 SELECTED AND APPROVED BY THE BOARD OF STATE CANVASSERS, THE

15 COUNTY CLERK SHALL REPORT THE SELECTION OF THE NEW COUNTY PRE-

16 FERRED VOTING SYSTEM TO THE SECRETARY OF STATE WITHIN 30 DAYS OF

17 THE SELECTION.

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