May 28, 2003, Introduced by Rep. Rivet and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 559, 561, 568, 570, 572, 575, 576, and 795
(MCL 168.559, 168.561, 168.568, 168.570, 168.572, 168.575,
168.576, and 168.795), section 561 as amended by 2002 PA 163,
sections 568 and 570 as amended by 1985 PA 160, section 576 as
amended by 1996 PA 213, and section 795 as amended by 2002
PA 91.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 559. It shall
be the duty of the The board of
2 election commissioners of
each county in this state to shall
3 prepare and furnish the necessary official primary election
4 ballots, except for city
offices, which that may be required
5 for use by the electors of
any political party at the August
6 primary.
1 Sec. 561. (1) The ballots prepared by the board of election
2 commissioners in each
county for use by the electors of a
3 political party at a primary election shall include the name of
4 each candidate of the
each political party for the office of
5 governor, United States senator, and district offices; for the
6 county, the name of each
candidate of the each political party
7 for county offices; and for each township, the name of each
8 candidate of the each
political party for township offices.
9 (2) If, in a district that is a county or entirely within 1
10 county, 2 or more candidates, including candidates for
11 nonpartisan offices, for the same office have the same or similar
12 surnames, a candidate may file a written request with the board
13 of county election commissioners for a clarifying designation.
14 The request shall be filed not later than 3 days after the last
15 date for filing nominating petitions. Not later than 3 days
16 after the filing of the request, the board of county election
17 commissioners shall determine whether a similarity exists and
18 whether a clarifying designation should be granted. In a
19 district located in more than 1 county, the board of state
20 canvassers shall make a determination whether to grant a
21 clarifying designation upon the written request of a candidate
22 who files nominating petitions with the secretary of state. The
23 request shall be filed with the state board of canvassers not
24 later than 5 days after the last date for filing nominating
25 petitions. The board of state canvassers shall make its
26 determination at the same time it makes a declaration of the
27 sufficiency or insufficiency of nominating petitions in
1 compliance with section 552.
2 (3) In each instance, the determining board shall immediately
3 notify each candidate for the same office as the requester that a
4 request for a clarifying designation has been made and of the
5 date, time, and place of the hearing. The requester and each
6 candidate for the same office shall be notified of the board's
7 determination by first-class mail sent within 24 hours after the
8 final date for the determination. A candidate who is
9 dissatisfied with the determination of the board of county
10 election commissioners may file an appeal in the circuit court of
11 the county where the board is located. A candidate who is
12 dissatisfied with the determination of the board of state
13 canvassers may file an appeal in the Ingham county circuit
14 court. The appeal shall be filed within 14 days after the final
15 date for determination by the board. The court shall hear the
16 matter de novo. Except as provided in subsection (4), in the
17 case of the same surname or of a final determination by the board
18 or by the court before the latest date that the board can arrange
19 the ballot printing of the existence of similarity, the board
20 shall print the occupation, date of birth, or residence of each
21 of the candidates on the ballot or ballot labels under their
22 respective names. The term "occupation" includes a currently
23 held political office, even though it is not the candidate's
24 principal occupation, but does not include reference to a
25 previous position or occupation.
26 (4) If there are 2 candidates with the same or similar
27 surnames and 1 of the candidates is entitled to an incumbency
1 designation by section 24 of article VI of the state constitution
2 of 1963, no other designation shall be provided for the other
3 candidate with the same or similar surname. If there are more
4 than 2 candidates with the same or similar surname and 1 of the
5 candidates is entitled to an incumbency designation by section 24
6 of article VI of the state constitution of 1963, a clarifying
7 designation may be given to the other candidates with the same or
8 similar surname. Except for an incumbency designation under
9 section 24 of article VI of the state constitution of 1963, if 2
10 or more candidates with the same or similar surnames are related,
11 the board shall only print the residence or date of birth of each
12 of the candidates as a clarifying designation. As used in this
13 subsection, "related" means that the candidates with the same or
14 similar surnames are related within the third degree of
15 consanguinity.
16 (5) The board of state canvassers shall issue guidelines to
17 ensure fairness and uniformity in the granting of designations
18 and may issue guidelines relating to what constitutes the same or
19 similar surnames. The board of state canvassers and the boards
20 of county election commissioners shall follow the guidelines.
21 Sec. 568. The official primary election ballots shall be
22 prepared in the following
form : prescribed in this section.
23 At the top of each ballot shall be printed in large type,
24 "Official primary election ballot". Underneath the heading shall
25 be printed the date of the election at which the ballot is to be
26 used, together with a designation of the political subdivision,
27 as including but not limited to county, district,
city, or
1 ward, et cetera, in
which it is to be used. Then shall follow,
2 in bold-faced type, the name of the political party and vignette,
3 below which shall appear the following instructions to electors:
4 "Make a cross or a check mark in the square to the left of not
5 more than the number of names for each office as may be indicated
6 under the title of each office. You may split your ticket by
7 voting for not more than the number of names indicated for an
8 office under 1 political party heading and for not more than the
9 number of names indicated for a different office under another
10 political party's heading." Under this heading shall appear the
11 names of the candidates seeking nomination for various offices on
12 the ticket of the political party. The order of the offices on
13 the ballot shall be the same, as near as may be, as is required
14 by law in making up the ballot used at general elections. The
15 title of the office shall be immediately above the names of the
16 candidate or candidates for the nomination of each office, and
17 under the title the words "Vote for not more than," followed by
18 the word "one"
or "two" or such other word as will designate
19 that designates the number of candidates for the nomination to
20 the office that may be voted for. The names of the different
21 candidates shall be separated from each other by a light-faced
22 rule with a square at the left of each name. The spaces devoted
23 to the candidates for nomination to different offices shall be
24 separated by a
black-faced rule so as in order to separate each
25 office division distinctly. However, the board of election
26 commissioners in any a
county or city may , if considered
27 desirable, arrange the ballots with an identification numeral to
1 be placed in the same space with the name of each of the
2 candidates, with the identification numeral to be rotated with
3 the name of the candidate when rotated, regardless of where the
4 name may appear upon the ballot.
5 Sec. 570. Paper ballots shall be numbered consecutively and
6 identified by use of the words "official primary ballot" on the
7 upper right hand corner upon the front of the ballot with a
8 perforated line across the corner and underneath the number and
9 identification so that the corner with the number and
10 identification may be torn off. The detachable corner stub shall
11 serve for the several party tickets and the ballot number shall
12 be printed upon the stub on 1 side only. A political party
13 designation shall not appear upon a ballot corner so numbered and
14 identified. After the ballots are trimmed and wrapped in sealed
15 packages, they shall be distributed for use at the primary
16 election in the same manner as is now provided by law for the
17 distribution of ballots to be used at general elections. Ballots
18 shall be prepared in substantially the following form:
19 OFFICIAL PRIMARY BALLOT
20 No. ............
21 OFFICIAL PRIMARY ELECTION BALLOT
22 Primary election to be
held ............ 19 20..... in the
23 county of ....................... .
24 ............... party.
25 (Vignette)
26 You cannot may
split your ticket. If you You may vote for
1 candidates for
separate offices on more than 1 party ticket. , your
2 ballot will be
rejected.
3 Make a cross or a check mark in the square to the left of not more
4 than the number of names for each office as may be indicated under
5 the title of each office.
6 =================================================================
7 State. Legislative.
8 _________________________________________________________________
9 Governor. State Senator.
10 ................ District.
11 Vote for not more than one. Vote for not more than one.
12 _________________________________________________________________
13 [] 1 John Doe [] 7 John Doe
14 _________________________________________________________________
15 [] 2 Richard Roe [] 8 Richard Roe
16 _________________________________________________________________
17 [] []
18 =================================================================
19 Congressional. Representative in State
20 ________________________________ Legislature.
21 United States Senator...... ............ District.
22 Vote for not more than one. Vote for not more than one.
23 _________________________________________________________________
24 [] 3 John Doe [] 9 John Doe
25 _________________________________________________________________
26 [] 4 Richard Roe [] 10 Richard Roe
27 _________________________________________________________________
28 [] []
29 =================================================================
30 Representative in Congress. County.
31 ................... District. Prosecuting Attorney.
32 Vote for not more than one. Vote for not more than one.
33 _________________________________________________________________
34 [] 5 John Doe [] 11 John Doe
35 _________________________________________________________________
36 [] 6 Richard Roe [] 12 Richard Roe
37 _________________________________________________________________
38 [] []
39 =================================================================
40 Sec. 572. The official primary election ballots shall be
41 prepared in such a
manner that the electors of each political
42 party at the primary may write, print, or
paste the name of a
43 candidate thereon on
a ballot.
1 Sec. 575. After the polls are opened at a primary election,
2 any an elector who is legally registered and
qualified,
3 shall, before entering the booth or voting compartment, shall
4 be furnished a party
ballot, together with any other ballot or
5 all ballots to be voted at that primary election.
6 Sec. 576. (1) An
elector, after having received a ballot
7 or the official primary election ballots, shall
enter a booth or
8 voting compartment and, while there concealed from view, shall
9 vote the ballot or ballots by making a cross or a check mark in
10 the square at the left of the names of those candidates for whom
11 the elector desires to
vote, but in no case shall not vote for
12 more candidates for any
an office than is indicated under the
13 title of each office. However, an elector may vote for a person
14 whose name is not printed on the ballot by inserting the name in
15 a manner that will
substitute it for any a name that is printed
16 on the ballot or where no candidate's name appears upon the
17 ballot.
18 (2) The elector
shall indicate his or her choice of
19 candidates on 1 party
ticket only and, after After
marking the
20 ballot or ballots,
the elector shall fold it each ballot for
21 deposit pursuant to
the provisions of as provided in this act.
22 A ballot on which
more than 1 party ticket has been voted is
23 void.
24 (3) This section is subject to section 736a.
25 Sec. 795. (1) An electronic voting system acquired or used
26 under sections 794 to 799a shall meet all of the following
27 requirements:
1 (a) Provide for voting in secrecy, except in the case of
2 voters who receive assistance as provided by this act.
3 (b) Permit each elector to vote at an election for all
4 persons and offices for whom and for which the elector is
5 lawfully entitled to vote; to vote for as many persons for an
6 office as the elector is entitled to vote for; and to vote for or
7 against any a
question upon which the elector is entitled to
8 vote. Except as otherwise provided in this subdivision, the
9 electronic tabulating equipment shall reject all choices recorded
10 on the elector's ballot for an office or a question if the number
11 of choices exceeds the number that the elector is entitled to
12 vote for on that office or question. Electronic tabulating
13 equipment that can detect that the choices recorded on an
14 elector's ballot for an office or a question exceeds the number
15 that the elector is entitled to vote for on that office or
16 question shall be located at each polling place and shall be
17 programmed to reject a ballot containing that type of an error.
18 If a choice on a ballot is rejected as provided in this
19 subdivision, an elector shall be given the opportunity to have
20 that ballot considered a spoiled ballot and to vote another
21 ballot.
22 (c) Permit an elector, at a presidential election, by a
23 single selection to vote for the candidates of a party for
24 president, vice-president, and presidential electors.
25 (d) Permit an elector in a primary election to vote for the
26 candidates in the
party primary of the elector's choice.
27 Except as otherwise
provided in this subdivision, the electronic
1 tabulating equipment
shall reject each ballot on which votes are
2 cast for candidates of
more than 1 political party. Electronic
3 tabulating equipment
that can detect that the elector has voted
4 for candidates of more
than 1 political party shall be located at
5 each polling place and
programmed to reject a ballot containing
6 that type of an
error. If a choice on a ballot is rejected as
7 provided in this
subdivision, an elector shall be given the
8 opportunity to have
that ballot considered a spoiled ballot and
9 to vote another
ballot.
10 (e) Prevent an elector from voting for the same person more
11 than once for the same office.
12 (f) Reject a ballot on which no valid vote is cast.
13 Electronic tabulating equipment shall be programmed to reject a
14 ballot on which no valid vote is cast.
15 (g) Be suitably designed for the purpose used; be durably
16 constructed; and be designed to provide for safety, accuracy, and
17 efficiency.
18 (h) Be designed to accommodate the needs of an elderly voter
19 or a person with 1 or more disabilities.
20 (i) Record correctly and count accurately each vote properly
21 cast.
22 (j) Provide an audit trail.
23 (k) Provide an acceptable method for an elector to vote for a
24 person whose name does not appear on the ballot.
25 (l) Allow for accumulation of vote totals from the precincts
26 in the jurisdiction. The accumulation software must meet
27 specifications prescribed by the secretary of state and must be
1 certified by the secretary of state as meeting these
2 specifications.
3 (2) Electronic tabulating equipment that counts votes at the
4 precinct before the close of the polls shall provide a method for
5 rendering the equipment inoperable if vote totals are revealed
6 before the close of the polls.