December 2, 2014, Introduced by Rep. Price and referred to the Committee on Local Government.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 498, 518, 539, 653a, 798, and 826 (MCL
168.498, 168.518, 168.539, 168.653a, 168.798, and 168.826),
sections 498 and 653a as amended by 2005 PA 71, section 798 as
amended by 1992 PA 8, and section 826 as amended by 2013 PA 51.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 498. (1) The governing body of a township, city, or
2 village may provide by resolution that in that township, city, or
3 village the clerk shall be at the clerk's office, or in some
4 other convenient place designated by the clerk, during the hours
5 designated by the governing body on the thirtieth day preceding
1 before an election or primary election in the township, city, or
2 village, unless the thirtieth day falls on a Saturday, Sunday, or
3 legal holiday, in which event registration shall be accepted
4 during the same hours on the following day.
5 (2) In a township, city, or village in which the clerk does
6 not maintain regular daily office hours, the township board or
7 the legislative body of the city or village may require that the
8 clerk of the township, city, or village shall be at the clerk's
9 office or other designated place for the purpose of receiving
10 applications for registration on the days which that the
board or
11 legislative body designates, but not more than 5 days before the
12 last day for registration.
13 (3) The Before
January 1, 2015, the clerk of each
township,
14 city, and village shall give public notice of the days and hours
15 that the clerk will be at the clerk's office or other designated
16 place for the purpose of receiving registrations before an
17 election or primary election by publication of the notice, except
18 as provided in subsection (4) and section 497(2), in a newspaper
19 published or of general circulation in the township, city, or
20 village and, if considered advisable by the township, city, or
21 village clerk, by posting written or printed notices in at least
22 2 of the most conspicuous places in each election precinct.
23 Beginning January 1, 2015, except as provided in subsection (4)
24 and section 497(2), the clerk of each township, city, or village
25 shall give public notice of the days and hours that the clerk
26 will be at the clerk's office or other designated place for the
27 purpose of receiving registrations before an election or primary
1 election by providing tier B public notice of the notice as set
2 forth in the local government public notice act, and, if
3 considered advisable by the township, city, or village clerk, by
4 posting written or printed notices in at least 2 of the most
5 conspicuous places in each election precinct. Except as provided
6 in subsection (4), the publication or posting shall be made not
7 less than 7 days before the last day for receiving registrations.
8 The notice of registration shall include the offices to be filled
9 that will appear on the ballot. If the notice of registration is
10 for an election that includes a ballot proposal, a caption or
11 brief description of the ballot proposal along with the location
12 where an elector can obtain the full text of the ballot proposal
13 shall be stated in the notice.
14 (4) Notice Before
January 1, 2015, notice of registration
15 for a school millage election that will be held pursuant to
16 section 36 of the general property tax act, 1893 PA 206, MCL
17 211.36, shall be is
required to be published once and shall
be
18 made not less than 5 days before the last day for receiving
19 registrations as provided in section 497a. Beginning January 1,
20 2015, not less than 5 days before the last day for receiving
21 registrations as provided in section 497a, tier B public notice
22 of the notice of registration for a school millage election that
23 will be held pursuant to section 36 of the general property tax
24 act, 1893 PA 206, MCL 211.36, shall be provided as set forth in
25 the local government public notice act.
26 (5) A county clerk may enter into an agreement with the
27 clerk of 1 or more townships or cities in the county or the
1 clerks of 1 or more cities or townships in a county may enter
2 into an agreement to jointly publish provide the
notice required
3 in subsection (3). The Before
January 1, 2015, the notice shall
4 be published in a newspaper of general circulation in the cities
5 and townships listed in the notice. Beginning January 1, 2015,
6 tier B public notice of the notice shall be provided as set forth
7 in the local government public notice act.
8 Sec. 518. (1) Whenever If a new township shall
be is
9 organized, the persons designated to act as inspectors for the
10 first election to be held therein in the township shall
11 constitute a board of registration for the purpose of making the
12 first registration of qualified electors therein. Said in the
13
township. The board shall be is authorized
to procure the
14 necessary books or files and forms to conduct such the
15 registration in accordance with the provisions of this act.
16 Subsequent to After the election, the records shall be delivered
17 to the persons person
elected to the office of township clerk. of
18 the township. At least 10 days' public notice shall be given of
19 the time and place for holding the registration. Such notice
20 shall be given by posting written or printed notices in at least
21 5 of the most conspicuous places in said township, city or
22 village, or by publication in a newspaper of general circulation
23 therein. Whenever If a new city is incorporated from the
24 territory of a township, the registration records of the portion
25 of the township incorporated as a city shall constitute the
26 registration records of the newly incorporated city. Township
27 registration records shall be available and used in connection
1 with the election on the adoption of the charter of any new city
2 or village and for the first election of such the city's
or
3 village's officers.
4 (2) Whenever If any territory of a
township is annexed to a
5 city, the clerk of the township from which the territory was
6 detached shall, not less than 5 days prior to before the
7 effective date of the annexation, forward to the clerk of the
8 city to which the territory was annexed all of the current
9 registration records of the registered electors residing in the
10 annexed territory. Such The
records shall thereafter be become a
11 part of the registration records of such the city
and the
12 electors whose registration records were so transferred shall be
13 registered electors of such the city.
14 (3) All such transfers of registration shall be
accompanied
15 by a statement signed by the township clerk certifying that all
16 of the current registrations of persons residing within the
17 annexed or incorporated area according to his or her records are
18 included. therein.
19 Sec. 539. If, upon the expiration of the time for filing
20 petitions in any primary for city or county, it appears that
21 there is no opposition to any candidate for any office upon any
22 ticket, then the city or county clerk, as the case may be, shall
23 certify to the board of election commissioners the names of all
24 persons whose petitions have been properly filed and the office
25 for which such the
petitions were filed, and such the persons
26 shall be declared by such the board of election
commissioners
27 nominees for the respective offices, and such the county
clerk
1 shall forthwith notify the several clerks of the townships and
2 cities interested, if any, and give notice that the primary will
3 not be held as contemplated, giving the reasons therefor, and a
4 for not holding the primary. Before January 1, 2015, a public
5 notice shall be given of such the determination by a brief
notice
6 published by such the
clerk in a newspaper circulated in such
the
7 county. Beginning January 1, 2015, tier C public notice of the
8 determination shall be provided by the clerk as set forth in the
9 local government public notice act.
10 Sec. 653a. (1) On receipt of the notice from the county
11 clerk pursuant to section 652, the clerk of each city and
12 township shall give notice of the time and place at which the
13 election is to be held, the offices to be filled, and the
14 proposals to be submitted to the voters. The Before January 1,
15 2015, the notice shall be published in a newspaper published, or
16 of general circulation, in the city or township. Beginning
17 January 1, 2015, tier B public notice with a link of the notice
18 shall be provided as set forth in the local government public
19 notice act. A caption or brief description of the proposal or
20 proposals along with the location where an elector can obtain the
21 full text of the proposal or proposals shall be included in the
22 notice. The publication or posting shall be made not less than 7
23 days before the election. The notice shall be in substantially
24 the following form:
25 ELECTION NOTICE
26 To the qualified electors of the city or township
27 ______________________________ notice is hereby given that a
1 ____________________________________________________________
2 (indicate whether regular, special, or primary)
3 election will be held in ___________________________________
4 on __________ from 7 a.m. to 8 p.m. for the purpose of
5 (date)
6 nominating or electing candidates for the following offices:
7 ____________________________________________________________
8 (list of offices)
9 and to vote on the following proposals:
10 ____________________________________________________________
11 (list all proposals to be submitted to voters)
12 List of polling place locations: __________________________.
13 _______________________
14 (clerk)
15 (2) A county clerk may enter into an agreement with the
16 clerk of 1 or more townships or cities in the county or the
17 clerks of 1 or more cities or townships in a county may enter
18 into an agreement to jointly publish or post the notice in
19 subsection (1). The Before
January 1, 2015, the notice shall be
20 published in a newspaper of general circulation in the cities and
21 townships listed in the notice. Beginning January 1, 2015, tier B
22 public notice with a link of the notice shall be provided as set
23 forth in the local government public notice act. If certain
24 offices or proposals are to be voted on in less than all of the
25 precincts, the notice shall specify the townships or cities that
26 shall vote on only those offices or proposals.
27 Sec. 798. (1) Before beginning the count of ballots, the
28 board of election commissioners shall test the electronic
29 tabulating equipment to determine if the electronic tabulating
30 equipment will accurately count the votes cast for all offices
1 and on all questions. Public Before January 1, 2015, public
2 notice of the time and place of the test shall be given at least
3 48 hours before the test by publication in a newspaper published
4 in the county, city, village, township, or school district where
5 the electronic tabulating equipment is used. If Before January 1,
6 2015, if a newspaper is not published in that county, city,
7 village, township, or school district, the notice shall be given
8 by publication in a newspaper of general circulation in that
9 county, city, village, township, or school district. Beginning
10 January 1, 2015, tier C public notice of the time and place of
11 the test shall be given at least 48 hours before the test as set
12 forth in the local government public notice act. The test shall
13 be conducted in the manner prescribed by rules promulgated by the
14 secretary of state pursuant to under the administrative
15 procedures act of 1969, Act No. 306 of the Public Acts of 1969,
16 being sections 24.201 to 24.328 of the Michigan Compiled Laws.
17 1969 PA 306, MCL 24.201 to 24.328. In the test, a different
18 number of valid votes shall be assigned to each candidate for an
19 office, and for and against each question. If an error is
20 detected, the board of election commissioners shall determine the
21 cause of the error and correct the error. The board of election
22 commissioners shall make an errorless count and shall certify the
23 errorless count before the count is started. The electronic
24 tabulating equipment that can be used for a purpose other than
25 examining and counting votes shall pass the same test at the
26 conclusion of the count before the election returns are approved
27 as official.
1 (2) On completion of the test and count, the programs, test
2 materials, and ballots arranged by precincts shall be sealed and
3 retained as provided by this subsection and rules promulgated by
4 the secretary of state pursuant to Act No. 306 of the Public Acts
5 of 1969. under the
administrative procedures act of 1969, 1969 PA
6 306, MCL 24.201 to 24.328. If the electronic tabulating equipment
7 that is tested and certified to by the board of election
8 commissioners will be used to count votes at the precinct, a
9 memory device containing the tested programs, if any, shall be
10 sealed into the electronic tabulating equipment. Upon completion
11 and certification of the count of votes, the memory device
12 containing the program and the vote totals shall remain sealed in
13 the electronic tabulating equipment or, if removed from the
14 electronic tabulating equipment, shall remain sealed in a
15 container approved by the secretary of state, delivered to the
16 clerk, and retained in the manner provided for other voted
17 ballots.
18 Sec. 826. (1) The board of county canvassers shall determine
19 and declare the result of the election for county and local
20 officers, and for all county and local ballot questions. If a
21 state senatorial or representative district is located solely
22 within 1 county, the board of county canvassers shall determine
23 and declare the result of the election for that office. Upon
24 making the determination under this subsection, the board of
25 county canvassers shall prepare a certificate of determination
26 and deliver the properly certified certificate of determination
27 to the county clerk. If the determination relates to a state
1 senatorial or representative district located solely within 1
2 county, the board of county canvassers shall also deliver the
3 properly certified certificate of determination to the board of
4 state canvassers.
5 (2) Upon receipt of a properly certified certificate of
6 determination from a board of county canvassers under subsection
7 (1), the county clerk shall file the certificate in his or her
8 office. The Before
January 1, 2015, the county clerk may
have a
9 statement of the total county or district votes cast for the
10 various candidates and the total vote cast for and against the
11 various ballot questions at the election to be published in at
12 least 1 newspaper printed or circulated in that county. Beginning
13 January 1, 2015, tier C public notice of a statement of the total
14 county or district votes cast for the various candidates and the
15 total vote cast for and against the various ballot questions at
16 the election may be provided by the county clerk as set forth in
17 the local government public notice act. The county clerk shall
18 immediately execute and deliver to the persons declared elected ,
19 a properly certified certificate of election.
20 Enacting section 1. This amendatory act does not take effect
21 unless Senate Bill No.____ or House Bill No. 5560 (request no.
22 03796'13) of the 97th Legislature is enacted into law.