LECTIONS: LOCAL RECEIVING BOARD
House Bill 5482
Sponsor: Rep. Chris Ward
Committee: Local Government
Complete to 2-12-04
A SUMMARY OF HOUSE BILL 5482 AS INTRODUCED 2-5-04
House Bill 5482 would amend the Michigan Election Law to allow for the appointment of a local receiving board to receive election ballots, and to describe the election protocols the receiving board would follow.
The bill specifies that the legislative body of a city, township, or village could, by resolution, provide for one or more additional boards of election inspectors as receiving boards, at an election where ballots were counted at the precinct. For a precinct having receiving boards, the election commissioners would be required to appoint a receiving board consisting of two or more election inspectors, with at least one inspector from each major political party, and then also appoint an equal number, as nearly as possible, of inspectors from each major political party.
Under the bill, not less than two election inspectors in a precinct, representing each of the major political parties, would deliver to the receiving board for that precinct a sealed ballot container that held the voted ballots, and in a separate sealed envelope, the poll book and the statement of returns.
The bill specifies that the receiving board would open the sealed envelope and review the poll book and statement of returns to determine both of the following:
a) that the ballot container was properly sealed and the seal number was properly recorded in the poll book and the statement of returns. (If the ballot container had not been properly sealed or there was a discrepancy, the election inspectors who delivered the ballot container and the receiving board would together take the necessary steps to correct the discrepancy. Further, the inspectors and the receiving board would note the discrepancy and the corrective action in the remarks section of the poll book, and then all would sign the notation.)
b) that the number of individuals voting recorded in the poll board equaled the number of ballots issued to electors, as shown by the statement of returns. (If the number of individuals voting did not equal the number of ballots counted, and if an explanation of the discrepancy had not been noted in the poll book, then the receiving board would be required to ask the election inspectors about the discrepancy, note the explanation in the poll book, and then all would sign the notation.)
The bill further specifies that if the poll book or statement of returns had been erroneously sealed in the ballot container, then the election inspectors could open the ballot container and remove them. The elections inspectors and the receiving board would be required to note the corrective action in the remarks section of the poll book, and all would sign the notation before placing the poll book or statement of returns in a separate sealed envelope. If the statement of returns had been sealed in the ballot container, but the poll book had been sealed in an envelope, then the poll book would be removed from the envelope for notation of corrective action, before being placed together with the statement of returns in a sealed envelope. Then the receiving board would notify the clerk of the board of canvassers responsible for canvassing all or a portion of the election of the corrective actions that had been taken.
Finally, when the receiving board had completed its review, it would place the poll book and statement of returns in the appropriate envelope, sealed with a red paper seal and initialed by the receiving board. If permitted by the clerk for the board of canvassers, the poll books and statement of returns from more than one precinct could be included and delivered in a single envelope.
MCL 168.679a
Legislative Analyst: J. Hunault
■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.