SENATE BILL No. 940

 

 

October 21, 2009, Introduced by Senator McMANUS and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 33 and 735 (MCL 168.33 and 168.735), section

 

33 as amended by 2002 PA 91 and section 735 as amended by 2004 PA

 

92, and by adding section 735a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 33. (1) The director of elections shall conduct training

 

schools throughout this state preceding before the general November

 

election, and preceding such before other elections as the director

 

considers advisable, for county clerks and their representatives

 

with respect to the conducting of elections in accordance with the

 

election laws. Included in this training shall be instruction on

 

the uniform voting system. In case any If a county clerk shall fail

 

fails to conduct in his or her county a training school for

 


election boards within the county, the director of elections shall

 

conduct such the training school, the cost of the training school

 

to be charged as an obligation of the county.

 

     (2) The director of elections shall train all county, city,

 

and township clerks who are involved in the training of precinct

 

inspectors. The training shall include team training and monitoring

 

of their performance as trainers. The training shall also include

 

the use of an electronic poll book.

 

     (3) The director of elections shall conduct all precinct

 

inspector training in counties where the clerk has not been

 

accredited to conduct the training schools.

 

     Sec. 735. (1) At Except as otherwise provided in section 735a,

 

at each primary and election, election inspectors shall keep 1 poll

 

book and 1 poll list. An election inspector shall enter in the poll

 

book, in the order in which electors are given ballots, the name of

 

each elector who is given a ballot and immediately after the name,

 

on the same line, shall enter the number of the ballot given to the

 

elector. For an absent voter ballot, when an election inspector

 

removes the ballot from the sealed absent voter envelope, the

 

election inspector shall enter in the poll book the name of the

 

absent voter and the number of the ballot.

 

     (2) If an elector is issued a provisional ballot, an election

 

inspector shall enter a proper designation in the poll book,

 

including whether the provisional ballot was tabulated in the

 

precinct or was secured for verification after the election.

 

     (3) At the completion of the precinct canvass, an election

 

inspector shall record on the certificate provided in the poll book

 


the number of each metal seal used to seal voting equipment and

 

ballot containers. Each member of the board of election inspectors

 

shall sign the certificate.

 

     Sec. 735a. (1) The secretary of state shall do both of the

 

following:

 

     (a) Develop an electronic poll book to be used at primaries

 

and elections in this state.

 

     (b) Establish the necessary criteria that will enable a local

 

unit of government to use an electronic poll book at a primary or

 

an election.

 

     (2) The secretary of state may establish a pilot project to

 

test the use of an electronic poll book at primaries and elections

 

in this state. The secretary of state shall select the local units

 

of government in which to test an electronic poll book under this

 

section.

 

     (3) A local unit of government shall not use an electronic

 

poll book at a primary or election unless the local unit of

 

government is selected as a pilot jurisdiction by the secretary of

 

state under subsection (2) or unless prior written approval is

 

granted by the secretary of state.

 

     (4) An electronic poll book developed pursuant to this section

 

shall be able to do all of the following:

 

     (a) Access the qualified voter file to capture voter history.

 

     (b) Allow for express voter check-in as provided in subsection

 

(6).

 

     (5) An electronic poll book shall be used in accordance with

 

the provisions of this act.

 


     (6) If an electronic poll book is used at a primary or

 

election, the local unit of government may provide an express voter

 

check-in for registered electors who have an operator's or

 

chauffeur's license issued pursuant to the Michigan vehicle code,

 

1949 PA 300, MCL 257.1 to 257.923, or an official state

 

identification card issued pursuant to 1972 PA 222, MCL 28.291 to

 

28.300. The registered elector can swipe his or her operator's or

 

chauffeur's license or state identification card through a card

 

reader and the registered elector's voter information is verified

 

against a voter registration database. Upon verification, the

 

registered elector's voter information is entered into the

 

electronic poll book.

 

     (7) The secretary of state shall develop instructions

 

consistent with this act for securing an electronic poll book.