June 12, 2008, Introduced by Senators BROWN, JACOBS, JANSEN and BIRKHOLZ and referred to the Committee on Campaign and Election Oversight.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 809 and 821 (MCL 168.809 and 168.821), section
809 as amended by 1995 PA 261 and section 821 as amended by 2003 PA
302, and by adding section 806b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 806b. The board of election inspectors may transmit the
statement of returns to the county clerk after the polls close on
election night by telephone, facsimile machine, or modem. The
county clerk shall tabulate the election results as they are
received by telephone, facsimile machine, or modem and make those
results available to the public.
Sec. 809. (1) The board of election inspectors shall seal 1 of
the statement of returns and 1 of the tally sheets or the combined
tally return sheet with a red state election seal in an envelope
and shall address the envelope to the board of county canvassers,
in care of the judge of probate. The board of election inspectors
shall also seal 1 poll book and 1 tally sheet with a red state
election seal in an envelope and shall address that envelope to the
county clerk. The board of election inspectors shall deliver the
sealed
envelope envelopes to the clerk of the township or city
immediately
after closing the precinct on election night. Upon
(2) If the board of election inspectors transmits the election
results to the county clerk by telephone, facsimile machine, or
modem
on election night, upon receipt of the
sealed envelope
envelopes, the township or city clerk shall immediately
deliver the
envelope
to the person to whom addressed secure
both envelopes in a
locked vault or secure storage area over night and shall deliver
the envelope for the judge of probate to the judge of probate or
his or her designee and the envelope for the county clerk to the
county clerk by 11 a.m. on the day following the day of the
election. The judge of probate or his or her designee shall deliver
the sealed envelope received by him or her to the board of county
canvassers when it meets to canvass the returns.
(3) (2)
The board of election inspectors shall seal the other
statement
of returns or combined tally and statement, together with
the
poll list, in an envelope addressed to the county clerk. The If
the board of election inspectors does not transmit the election
results to the county clerk by telephone, facsimile machine, or
modem on election night, the board of election inspectors shall
deliver
the sealed envelope envelopes
to the city or township clerk
immediately upon completion of the count. The city or township
clerk shall immediately deliver the envelopes to the county clerk
who shall open the envelope addressed to the county clerk at that
time, compile unofficial returns, and make the returns in the
envelope available to the public. The office of the county clerk
shall be open on election day for election purposes and shall
remain open until the last returns have been received and the clerk
completes an unofficial tabulation.
(4) (3)
If a city or township election to
be canvassed by a
board of city or township canvassers is held at a time at which no
election returns must be forwarded to the board of county
canvassers, the board of election inspectors shall return all poll
books, tally sheets, and returns to the city or township clerk. The
city or township clerk shall perform the duties required in this
section of the county clerks. If a local election to be canvassed
by the board of county canvassers is not held in conjunction with a
county or state election, the board of election inspectors shall
deliver both sealed envelopes to the local clerk who shall secure
all election materials used in the precinct on election day as
provided in this chapter. The local clerk shall deliver both sealed
envelopes to the county clerk before 11 a.m. on the day following
the election. In a city or township election, in which the city or
township consists of more than 5 precincts, held in conjunction
with an election to be canvassed by the board of county canvassers,
the board of election inspectors shall deliver the duplicate
returns required by section 806 to the city or township clerk.
Sec. 821. (1) The board of county canvassers shall meet at the
office
of the county clerk at 1 p.m. 11 a.m. on the day after
following the day of a general election, August primary, school
election, or presidential primary election in the county. Except as
provided in subsection (2), for other elections the board shall
meet within 5 days following the election.
(2) If, at an election held on the May regular election date,
a ballot question appears on the ballot concerning authorized
millage that is subject to a millage reduction as provided in
section 34d of the general property tax act, 1893 PA 206, MCL
211.34d, the board of county canvassers shall meet to canvass and
certify the results of the vote on that proposition after May 31
and before June 15 following the election.