HOUSE BILL NO. 4840

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 811 and 847 (MCL 168.811 and 168.847), section 811 as amended by 2018 PA 603 and section 847 as amended by 2012 PA 271.

the people of the state of michigan enact:

Sec. 811. (1) All election returns, including poll lists, statements, tally sheets, absent voters' return envelopes bearing the statement required by section 761, absent voters' records required by section 760, and other returns made by the election inspectors of election of the several precincts must be carefully preserved and may be destroyed after the expiration of 2 years following the date of the primary or election at which the same were used.

(2) All applications executed under section 523, all voter registration applications executed by applicants under section 497(3) and (4), and all absent voters' applications must be carefully preserved and may be destroyed after the expiration of 6 years 22 months following the date of the primary or election at which those applications were executed.

(3) All ballots used at any primary or election may be destroyed after 30 days following the final determination of the board of canvassers with respect to the primary or election unless a petition for recount has been filed and not completed or unless their destruction is stayed by an order of a court.must be carefully preserved and may be destroyed after the expiration of 22 months following the date of the primary or election.

(4) All electronic poll book software used at any primary or election must be carefully preserved and may be destroyed after the expiration of 22 months following the date of the primary or election at which the electronic poll book software was used.

Sec. 847. (1) The secretary of state may authorize the release of all ballots, ballot boxes, voting machines, and equipment after 30 days following certification of an election by the board of state canvassers in a precinct other than a precinct in which 1 or more of the following occur:

(a) A petition for recount has been filed with the board of state canvassers.

(b) A petition has been filed pursuant to under section 879.

(c) A court of competent jurisdiction has issued an order restraining interference with ballots, ballot boxes, voting machines, and equipment.

(2) All ballots used at any primary or election must be carefully preserved and may be destroyed after the expiration of 22 months following the date of the primary or election.

(3) All electronic poll book software used at any primary or election must be carefully preserved and may be destroyed after the expiration of 22 months following the date of the primary or election at which the electronic poll book software was used.