SENATE BILL No. 1460

September 26, 2002, Introduced by Senator BYRUM and referred to the Committee on Government

Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 31 (MCL 168.31), as amended by 1999 PA 220.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 31. (1) The secretary of state shall do all of the

2 following:

3 (a) Subject to subsection (2), issue instructions and

4 promulgate rules pursuant to the administrative procedures act of

5 1969, 1969 PA 306, MCL 24.201 to 24.328, for the conduct of elec-

6 tions and registrations in accordance with the laws of this

7 state.

8 (b) Advise and direct local election officials as to the

9 proper methods of conducting elections.

10 (c) Publish and furnish for the use in each election

11 precinct before each state primary and election a manual of

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1 instructions that includes specific instructions on assisting

2 voters in casting their ballots, directions on the location of

3 voting stations in polling places, procedures and forms for pro-

4 cessing challenges, and procedures on prohibiting campaigning in

5 the polling places as prescribed in this act.

6 (d) Publish indexed pamphlet copies of the registration,

7 primary, and election laws and furnish to the various county,

8 city, township, and village clerks a sufficient number of copies

9 for their own use and to enable them to include 1 copy with the

10 election supplies furnished each precinct board of election

11 inspectors under their respective jurisdictions. The secretary

12 of state may furnish single copies of the publications to organi-

13 zations or individuals who request the same for purposes of

14 instruction or public reference.

15 (e) Prescribe and require uniform forms, notices, and sup-

16 plies the secretary of state considers advisable for use in the

17 conduct of elections and registrations.

18 (f) Prepare the form of ballot for any proposed amendment to

19 the constitution or proposal under the initiative or referendum

20 provision of the constitution to be submitted to the voters of

21 this state.

22 (g) Require reports from the local election officials the

23 secretary of state considers necessary.

24 (h) Investigate, or cause to be investigated by local

25 authorities, the administration of election laws, and report vio-

26 lations of the election laws and regulations to the attorney

27 general or prosecuting attorney, or both, for prosecution.

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1 (i) Publish in the legislative manual the vote for governor

2 and secretary of state by townships and wards and the vote for

3 members of the state legislature cast at the preceding November

4 election, which shall be returned to the secretary of state by

5 the county clerks on or before the first day of December follow-

6 ing the election. All clerks shall furnish to the secretary of

7 state, promptly and without compensation, any further information

8 requested of them to be used in the compilation of the legisla-

9 tive manual.

10 (j) Establish a curriculum for comprehensive training and

11 accreditation of all county, city, township, village, and school

12 elections officials.

13 (k) Establish and require attendance by all new EACH NEWLY

14 appointed or elected election officials OFFICIAL at an initial

15 course of instruction within 6 months before the date of the

16 election.

17 (l) Establish a comprehensive training curriculum for all

18 precinct inspectors.

19 (m) Create an election day dispute resolution team that has

20 regional representatives of the department of state, which team

21 shall appear on site, if necessary.

22 (2) Pursuant to UNDER the administrative procedures act of

23 1969, 1969 PA 306, MCL 24.201 to 24.328, the secretary of state

24 may promulgate rules establishing uniform standards for state and

25 local nominating, recall, and ballot question petition

26 signatures. The standards for petition signatures may include,

27 but need not be limited to, standards for all of the following:

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1 (a) Determining the validity of registration of a circulator

2 or individual signing a petition.

3 (b) Determining the genuineness of the signature of a circu-

4 lator or individual signing a petition.

5 (c) Proper designation of the place of registration of a

6 circulator or individual signing a petition.

7 (3) UNDER THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA

8 306, MCL 24.201 TO 24.328, THE SECRETARY OF STATE SHALL PROMUL-

9 GATE RULES ESTABLISHING UNIFORM STANDARDS FOR ALL TYPES OF VOTING

10 EQUIPMENT USED IN THIS STATE. THE STANDARDS FOR THE VOTING

11 EQUIPMENT SHALL INCLUDE, BUT ARE NOT LIMITED TO, ALL OF THE

12 FOLLOWING:

13 (A) NOTIFICATION REQUIREMENTS OF OVER-VOTING, UNDER-VOTING,

14 AND CROSSOVER-VOTING TO MONITOR AND MINIMIZE THE NUMBER OF

15 SPOILED BALLOTS.

16 (B) SECURITY MEASURES TO ENSURE AN ELECTOR'S RIGHT TO VOTE

17 AND PRIVACY.

18 (C) AUDIT TRAIL REQUIREMENTS TO PROVIDE AN ACCURATE RECORD

19 OF THE VOTES CAST BY EACH ELECTOR THAT CAN BE PRINTED, RECORDED,

20 OR VISUALLY REVIEWED AFTER THE POLLS ARE CLOSED. THE RECORD

21 SHALL NOT DISCLOSE AN ELECTOR'S IDENTIFICATION.

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