HOUSE BILL No. 5075


     September 20, 2001, Introduced by Rep. Bishop and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 570, 576, 587, 706, 737, 782b, 795c, 803,

   and 804 (MCL 168.570, 168.576, 168.587, 168.706, 168.737,

   168.782b, 168.795c, 168.803, and 168.804), sections 570, 706, and

   737 as amended by 1985 PA 160, section 576 as amended by 1996

   PA 213, section 795c as amended by 1990 PA 109, and section 803

   as amended by 1997 PA 137.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 570.  Paper ballots shall be numbered consecutively and

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

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      upper right hand corner upon the front of the ballot with a per-

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      forated line across the corner and underneath the number and

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      identification so that the corner with the number and

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      identification may be torn off.  The detachable corner stub shall


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      serve for the several party tickets and the ballot number shall

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      be printed upon the stub on 1 side only.  A political party des-

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      ignation shall not appear upon a ballot corner  so  THAT IS num-

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      bered and identified.  After the ballots are trimmed and wrapped

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      in sealed packages, they shall be distributed for use at the pri-

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      mary election in the same manner as is now provided by law for

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      the distribution of ballots to be used at general elections.

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      Ballots shall be prepared in substantially the following form:

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                                                OFFICIAL PRIMARY BALLOT

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



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                       OFFICIAL PRIMARY ELECTION BALLOT



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        Primary election to be held ............   19.....  in the county
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                                       (DATE)
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      of .......................  .
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                                                ...............  party.
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                                                 (Vignette)
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         You cannot split your ticket.  If you vote for candidates on more
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      than 1 party ticket, your ballot will be rejected.

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        Make a cross or a check mark in the square to the left of not more
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      than the number of names for each office as  may be  IS indicated
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      under the title of each office.

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      =================================================================
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                   State.                         Legislative.
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      _________________________________________________________________
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                  Governor.                      State Senator.
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                                            ................  District.
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        Vote for not more than one.        Vote for not more than one.
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      _________________________________________________________________
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      [] 1 John Doe                     [] 7 John Doe
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      _________________________________________________________________
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      [] 2 Richard Roe                  [] 8 Richard Roe
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      _________________________________________________________________
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      []                                []



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      =================================================================
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               Congressional.               Representative in State
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      ________________________________            Legislature.
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         United States Senator......        ............  District.
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        Vote for not more than one.        Vote for not more than one.
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      _________________________________________________________________
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      [] 3 John Doe                     []  9 John Doe
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      _________________________________________________________________
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      [] 4 Richard Roe                  [] 10 Richard Roe
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      _________________________________________________________________
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      []                                []
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      =================================================================
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         Representative in Congress.                County.
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       ...................  District.        Prosecuting Attorney.
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        Vote for not more than one.        Vote for not more than one.
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      _________________________________________________________________
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      [] 5 John Doe                     [] 11 John Doe
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      _________________________________________________________________
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      [] 6 Richard Roe                  [] 12 Richard Roe
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      _________________________________________________________________
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      []                                []
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      =================================================================

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

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

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      there concealed from view, shall vote the ballot or ballots by

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      making a cross or a check mark in the square at the left of the

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      names of those candidates for whom the elector desires to vote,

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      but in no case for more candidates for  any  AN office than is

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      indicated under the title of each office.  However, an elector

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      may vote for a person whose name is not printed on the ballot by

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      inserting the name in a manner that will substitute it for  any

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      ANOTHER name that is printed on the ballot or where no

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      candidate's name appears upon the ballot.

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           (2) The elector shall indicate his or her choice of candi-

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      dates  on 1 party ticket only  and, after marking the ballot, the

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      elector shall fold it for deposit  pursuant  ACCORDING to the

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      provisions of this act.   A ballot on which more than 1 party

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      ticket has been voted is void.

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

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           Sec. 587.   Whenever  IF a voting machine is used in  a

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      primary  AN election, the party levers or bars, if any, shall be

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      locked against voting so as to prevent straight ticket voting.  ,

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      and the  AT A PRIMARY, THE VOTING machine shall be properly

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      arranged so that the elector may vote for as many candidates for

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      each office as there are candidates to be nominated to that

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      office and no more.

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           Sec. 706.  The arrangement of the ballot containing the

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      names of candidates for office shall conform as nearly as possi-

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      ble to the following  plan  FORM, and shall contain the specific

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      instructions  there  set forth IN THE FORM and no others:

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                               OFFICIAL BALLOT



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           County of ....................  Date ...............

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           INSTRUCTIONS -  To  YOU MAY NOT vote a straight party

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      ticket.  make a cross (X) or check mark ( Q/) in the circle under

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      the name of your party.  Nothing further need be done.  To vote

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      for a candidate not on your party ticket, make a cross (X) or a

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      check mark (Q/) in the square [] before the candidate's name.

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           Candidates for president and vice-president must be voted

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      for as a unit, and the vote cannot be split.  Candidates for gov-

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      ernor and lieutenant governor must be voted for as a unit, and

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      the vote cannot be split.

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            If 2 or more candidates are to be elected to the same

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      office and you desire to vote for candidates not on your party



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      ticket, make a cross (X) or a check mark (Q/) in the square []

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      before the names of the candidates for whom you desire to vote on

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      the other ticket, and strike out an equal number of names on your

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      party ticket, for that office.

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           If you do not desire to vote any party ticket, do not make a

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      cross (X) or check mark (Q/) in the circle at the head of any

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      ticket, but make  MAKE a cross (X) or a check mark (Q/) in the

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      square [] before the name of each candidate for whom you desire

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      to vote.

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           If you wish to vote for a candidate not on  any ticket  THE

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      BALLOT, write or place the name of that candidate on your ballot

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       opposite  UNDER the name of the office AND MAKE A CROSS (X) OR A

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      CHECK MARK (Q/) IN THE SQUARE [] BEFORE HIS OR HER NAME.

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           Before leaving the booth, fold the ballot so that the face

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      of the ballot is not exposed and so that the numbered corner is

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      visible.



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      ======================================================================

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      Name of              Vignette           Vignette           Vignette
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      Offices                with               with               with
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      Voted For:        Name of Party      Name of Party      Name of Party
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                              [ ]               [ ]                [ ]
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      ======================================================================
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                       Name of            Name of            Name of
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      PRESIDENTIAL     Candidate for      Candidate for      Candidate for
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      Electors of      President.         President.         President.
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      President
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      and Vice-     [] Name of         [] Name of         [] Name of
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      President of     Candidate for      Candidate for      Candidate for
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      the United       Vice-President.    Vice-President.    Vice-President.
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      States





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      ______________________________________________________________________
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                       Governor           Governor           Governor
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      STATE            Name of            Name of            Name of
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      Governor and     Candidate          Candidate          Candidate
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      Lieutenant    [] Lieut. Governor [] Lieut. Governor [] Lieut. Governor
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      Governor         Name of            Name of            Name of
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                       Candidate          Candidate          Candidate
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      ______________________________________________________________________
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                       Secretary of       Secretary of       Secretary of
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                       State              State              State
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      Secretary of  [] Name of         [] Name of         [] Name of
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      State            Candidate          Candidate          Candidate
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      ======================================================================
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      CONGRESSIONAL    U.S. Senator       U.S. Senator       U.S. Senator
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      United States [] Name of         [] Name of         [] Name of
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      Senator          Candidate          Candidate          Candidate
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      ______________________________________________________________________
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      Represent-       U.S. Repre-        U.S. Repre-        U.S. Repre-
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      ative in         sentative          sentative          sentative
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      Congress      [] Name of         [] Name of         [] Name of
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      .....District    Candidate          Candidate          Candidate
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      ======================================================================
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      LEGISLATIVE      State Senator      State Senator      State Senator
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      Senator       [] Name of         [] Name of         [] Name of
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      .....District    Candidate          Candidate          Candidate
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      ______________________________________________________________________
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                       State Repre-       State Repre-       State Repre-
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      Represent-       sentative          sentative          sentative
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      ative         [] Name of         [] Name of         [] Name of
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      .....District    Candidate          Candidate          Candidate
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      ======================================================================
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      COUNTY           Pros. Attorney     Pros. Attorney     Pros. Attorney
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      Prosecuting   [] Name of         [] Name of         [] Name of
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      Attorney         Candidate          Candidate          Candidate
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      ______________________________________________________________________
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                       Sheriff            Sheriff            Sheriff
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      Sheriff       [] Name of         [] Name of         [] Name of
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                       Candidate          Candidate          Candidate
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      ======================================================================
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           Sec. 737.  The elector shall then go directly into  a  AN

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      UNOCCUPIED VOTING booth  which is unoccupied  and indicate in the

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      following manner, with pencil or pen on the proper ballot, the44candidate or candidates
   for whom the elector desires to vote:

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           (a)  If the  THE elector  desires to  SHALL NOT vote a

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      straight ticket.  , the elector may make a cross (X) or a check





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      mark (Q/) in the circle under the name of that party at the head

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      of the ballot.  Nothing further need be done.

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           (b) If only 1 candidate is to be elected to an office and

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      the elector desires to vote for a candidate not on the elector's

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      party ticket, the elector should make a cross (X) or a check mark

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      (Q/) in the circle under the name of the elector's party, and

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      also make a cross (X) or a check mark (Q/) in the square before

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      the name of the candidate for whom the elector desires to vote on

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      the other ticket.  In such case, it shall not be necessary to

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      cross off the name of the candidate on the elector's party

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      ticket.  If the elector votes for more than 1 candidate for the

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      same office where only 1 candidate is to be elected to the

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      office, the ballot shall not be counted for either of the candi-

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      dates and shall be as to those candidates considered null and

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      void.

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           (c) If 2 or more candidates are to be elected to the same or

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      like office, such as coroners, and the elector desires to vote

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      for a candidate or candidates not on the elector's party ticket

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      for the office, the elector should mark a cross (X) or a check

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      mark (Q/) in the circle under the elector's party name, and mark

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      a cross (X) or a check mark (Q/) in the square before the name or

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      names of the candidate or candidates for whom the elector desires

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      to vote on the other ticket or tickets, and also cross off an

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      equal number of names of the candidates for the office on the

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      elector's party ticket; but if the elector fails to cross off the

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      names of an equal number of candidates for the office on the

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      elector's party ticket, the elector shall be considered to have



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      crossed off the name of each candidate for the office which is

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      printed on the elector's party ticket opposite the name of the

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      candidate on some other party ticket in front of which name the

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      elector has made a cross (X) or a check mark (Q/).

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           (B)  (d)  If the elector wishes to vote for a candidate not

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      on  any ticket  THE BALLOT, the elector may write or place the

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      name of that candidate on the elector's ballot opposite the name

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      of the office and make a cross (X) or a check mark (Q/) in the

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       circle under the party  SQUARE [] BEFORE HIS OR HER name.

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           (C)  (e)  A  ballot marked with a cross (X) or a check mark

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      (Q/) in a circle under a party name shall be considered a vote

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      for each of the candidates named in the party column whose name

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      is not crossed off, except those candidates where a  cross (X) or

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      a check mark (Q/)  is placed  in the square before the name of

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       some opposing  A candidate PRINTED on  another ticket,  THE

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      BALLOT or  where there  BEFORE A NAME THAT is written or pasted

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      on the  party ticket a name which is not printed on any party

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      ticket  BALLOT IS CONSIDERED A VOTE FOR THAT CANDIDATE EXCEPT IF

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      AN ELECTOR HAS VOTED FOR MORE CANDIDATES FOR THE OFFICE THAN ARE

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      TO BE ELECTED.

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            (f) If the name of any person who is not a candidate on any

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      ticket is written or placed on the party ticket opposite the name

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      of the office and there is a cross (X) or a check mark (Q/) in

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      the circle under the party name, the name so written or placed

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      shall be counted 1 vote for the person, whether the original name

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      on the party ticket is erased or not, excepting cases where there





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      is a cross (X) or a check mark (Q/) in the square before the name

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      of some opposite candidate on some other party ticket.

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           (g) If a cross (X) or a check mark (Q/) is not placed in the

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      circle under the party name, a cross (X) or a check mark (Q/) in

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      the square before the name of any candidate shall be considered a

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      vote for that candidate except in cases where the elector votes

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      for more candidates for the same office than are to be elected.

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           (D)  (h)  An elector shall indicate the elector's preference

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      on  any  A constitutional amendment or other submitted question

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      by making a cross (X) or a check mark (Q/) in the square in front

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      of the word "Yes" or in the square in front of the word "No"

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      opposite or below the question on the proper ballots.

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           Sec. 782b.  If there is no reserve machine available, emer-

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      gency ballots may also be provided by the COUNTY board of elec-

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      tion commissioners.  of the county, having  EMERGENCY BALLOTS

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      SHALL HAVE suitable blank spaces to permit the voter to vote  a

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      straight party ticket, or if he desires to split his party

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      ticket, to indicate the party ticket the majority of whose candi-

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      dates he favors, together with the names of such other  FOR THE

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      candidates for whom  he  THE ELECTOR desires to vote.  The bal-

   21 lots shall be used only in emergency and upon special permission

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      of the board or official whose duty it is to provide ballots for

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      the election.   and who  THE BOARD OR OFFICIAL shall prepare

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       such  THE EMERGENCY ballots  which  THAT shall be held by the

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      city, township, or village clerk, subject to the order of the

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      county clerk or other authorized person.  It  shall  IS not 
   be

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      necessary to provide emergency ballots for each election unless



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       same shall  PREVIOUSLY PROVIDED BALLOTS have been used,

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      destroyed, or lost, in which case similar ballots shall again be

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      provided.  If at any time during the election, the voting machine

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      is disabled and cannot be repaired and no other voting machine

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       can be had to supply its place  IS AVAILABLE, an emergency shall

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      be declared to exist and the voting  thereafter  AFTER AN EMER-

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      GENCY IS DECLARED at that election in that voting precinct shall

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      be by EMERGENCY ballot, in the manner provided in this section.

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      The board or official  having the  THAT HAS custody of the emer-

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      gency ballots, when so directed, shall supply a sufficient number

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      of  such  EMERGENCY ballots to the election board for use by the

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      voters.  One of the ballots shall be delivered by the election

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      board to each voter who  may thereafter appear  APPEARS to vote

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       and  AFTER AN EMERGENCY IS DECLARED.  EMERGENCY BALLOTS shall be

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      voted and counted subject to the provisions relative to voting by

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      ballot at general elections, except as  herein  otherwise pro-

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      vided IN THIS SECTION.  The ballots shall be numbered consecu-

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      tively from 1 up,  which  AND THE number and identification shall

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      be printed  upon  ON a perforated stub as in the case where only

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      regular ballots are used at elections.

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           Sec. 795c.  The different parts of the ballot, such as par-

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      tisan, nonpartisan, and questions, shall be prominently indicated

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      on the ballot label, and, if practicable, each part may be placed

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      on a separate page, column, or display.  If 2 or more elections

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      are held on the same day, the ballot label shall be clearly

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      marked to indicate the ballot for each election.   In partisan

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      elections the ballot label shall include a position by which the



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      voter may by a single selection record a straight party ticket

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      vote for all the candidates of 1 party.  The voter may vote a

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      split or mixed ticket.

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           Sec. 803.  (1) Except as otherwise provided in this act, the

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      following rules shall govern the counting and recounting of

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      votes:

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           (a) If it is clearly evident from an examination of any

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      ballot that the ballot has been mutilated for the purpose of dis-

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      tinguishing it or that there has been placed on the ballot some

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      mark, printing, or writing for the purpose of distinguishing it,

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      then that ballot is void and shall not be counted.

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           (b) A cross, the intersection of which is within or on the

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      line of the proper circle or square, or a check mark, the angle

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      of which is within a circle or square, is valid.  Crosses or

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      check marks otherwise located on the ballot are void.

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           (c) Marks other than crosses or check marks used to desig-

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      nate the intention of the voter shall not be counted.

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           (d) A cross is valid even though 1 or both lines of the

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      cross are duplicated, if the lines intersect within or on the

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      line of the square or circle.

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           (e) Two lines meeting within or on the line of the square or

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      circle, although not crossing each other, are valid if it is

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      apparent that the voter intended to make a cross.

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           (f) A failure to properly mark a ballot as to 1 or more can-

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      didates does not alone invalidate the entire ballot if the ballot

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      has been properly marked as to other candidates, unless the





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      improper marking is determined to be a distinguishing mark as

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      described in this subsection.

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           (g) Erasures and corrections on a ballot made by the elector

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      in a manner frequently used for this purpose shall not be consid-

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      ered distinguishing marks or mutilations.

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           (h)  Any  A ballot or part of a ballot from which it is

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      impossible to determine the elector's choice of candidate is void

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      as to the candidate or candidates affected by that

 9
      determination.

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           (i)  Any votes  A VOTE cast for a deceased candidate  are

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      IS void and shall not be counted, except that  votes  A VOTE cast

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      for a candidate for governor who has died, and for whom a

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      replacement has not been made, shall be counted for the candidate

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      for lieutenant governor of that party.

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           (j)  All ballots  A BALLOT cast that  are  IS not counted

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      shall be marked by the inspector "not counted", kept separate

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      from the others by being tied or held in 1 package, and placed in

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      the ballot box with the counted ballots.

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           (k) A vote shall not be counted for  any  A candidate unless

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       a cross or a check mark has been placed by the voter in the

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      circle at the head of the party ticket, if any, on which the name

22
      of the candidate has been printed, written, or placed or unless

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      a cross or a check mark has been placed by the voter in the

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      square before the space in which the name of the candidate has

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      been printed, written, or placed.

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           (2) If an electronic voting system requires that the elector

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      place a mark in a predefined area on the ballot in order to cast



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      a vote, the vote shall not be considered valid unless there is a

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      mark within the predefined area and it is clearly evident that

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      the intent of the voter was to cast a vote.  In determining

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      intent of the voter, the board of canvassers or election official

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      shall compare the mark with other marks appearing on the ballot.

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           Sec. 804.  In the canvass of votes cast for candidates for

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      public office, the board shall  first select and count the

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      straight tickets and shall cause to be credited on the tally

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      sheets the number to each candidate voted for on a straight

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      ticket.  All other ballots shall be counted and tallied  COUNT

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      AND TALLY EACH BALLOT in  such  THE manner as will best 
   insure

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      ENSURE accuracy and promptness in determining the result.  , and

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      the  THE inspectors of election shall see that proper credit is

14
      given on the tally sheets to the candidates voted for on  such

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      THE ballots.  All computations and tallies shall be made upon the

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      tally sheets used at  such  THE election.

























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