HOUSE BILL No. 4367

 

March 5, 2013, Introduced by Reps. Schor, Zemke, Abed, Driskell, LaVoy, Brown and Lane and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 559, 561, 562, 570, 572, 575, 576, 582, and

 

795 (MCL 168.559, 168.561, 168.562, 168.570, 168.572, 168.575,

 

168.576, 168.582, and 168.795), section 561 as amended by 2002 PA

 

163, section 570 as amended by 1985 PA 160, section 576 as

 

amended by 1996 PA 213, section 582 as amended by 1980 PA 160,

 

and section 795 as amended by 2004 PA 92; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 559. It shall be the duty of the The board of election

 

 2  commissioners of each county in this state to shall prepare and

 

 3  furnish the necessary official primary election ballots, except

 


 1  for city offices, which that may be required for use by the

 

 2  electors of any political party at the August primary.

 

 3        Sec. 561. (1) The ballots prepared by the board of election

 

 4  commissioners in each county for use by the electors of a

 

 5  political party at a primary election shall include the name of

 

 6  each candidate of the each political party for the office of

 

 7  governor, United States senator, and district offices; for the

 

 8  county, the name of each candidate of the each political party

 

 9  for county offices; and for each township, the name of each

 

10  candidate of the each political party for township offices.

 

11        (2) If, in a district that is a county or entirely within 1

 

12  county, 2 or more candidates, including candidates for

 

13  nonpartisan offices, for the same office have the same or similar

 

14  surnames, a candidate may file a written request with the board

 

15  of county election commissioners for a clarifying designation.

 

16  The request shall be filed not later than 3 days after the last

 

17  date for filing nominating petitions. Not later than 3 days after

 

18  the filing of the request, the board of county election

 

19  commissioners shall determine whether a similarity exists and

 

20  whether a clarifying designation should be granted. In a district

 

21  located in more than 1 county, the board of state canvassers

 

22  shall make a determination whether to grant a clarifying

 

23  designation upon the written request of a candidate who files

 

24  nominating petitions with the secretary of state. The request

 

25  shall be filed with the state board of state canvassers not later

 

26  than 5 days after the last date for filing nominating petitions.

 

27  The board of state canvassers shall make its determination at the

 


 1  same time it makes a declaration of the sufficiency or

 

 2  insufficiency of nominating petitions in compliance with section

 

 3  552.

 

 4        (3) In each instance, the determining board shall

 

 5  immediately notify each candidate for the same office as the

 

 6  requester that a request for a clarifying designation has been

 

 7  made and of the date, time, and place of the hearing. The

 

 8  requester and each candidate for the same office shall be

 

 9  notified of the board's determination by first-class mail sent

 

10  within 24 hours after the final date for the determination. A

 

11  candidate who is dissatisfied with the determination of the board

 

12  of county election commissioners may file an appeal in the

 

13  circuit court of the county where the board is located. A

 

14  candidate who is dissatisfied with the determination of the board

 

15  of state canvassers may file an appeal in the Ingham county

 

16  circuit court. The appeal shall be filed within 14 days after the

 

17  final date for determination by the board. The court shall hear

 

18  the matter de novo. Except as provided in subsection (4), in the

 

19  case of the same surname or of a final determination by the board

 

20  or by the court before the latest date that the board can arrange

 

21  the ballot printing of the existence of similarity, the board

 

22  shall print the occupation, date of birth, or residence of each

 

23  of the candidates on the ballot or ballot labels under their

 

24  respective names. The term "occupation" includes a currently held

 

25  political office, even though it is not the candidate's principal

 

26  occupation, but does not include reference to a previous position

 

27  or occupation.

 


 1        (4) If there are 2 candidates with the same or similar

 

 2  surnames and 1 of the candidates is entitled to an incumbency

 

 3  designation by section 24 of article VI of the state constitution

 

 4  of 1963, no other designation shall be provided for the other

 

 5  candidate with the same or similar surname. If there are more

 

 6  than 2 candidates with the same or similar surname and 1 of the

 

 7  candidates is entitled to an incumbency designation by section 24

 

 8  of article VI of the state constitution of 1963, a clarifying

 

 9  designation may be given to the other candidates with the same or

 

10  similar surname. Except for an incumbency designation under

 

11  section 24 of article VI of the state constitution of 1963, if 2

 

12  or more candidates with the same or similar surnames are related,

 

13  the board shall only print the residence or date of birth of each

 

14  of the candidates as a clarifying designation. As used in this

 

15  subsection, "related" means that the candidates with the same or

 

16  similar surnames are related within the third degree of

 

17  consanguinity.

 

18        (5) The board of state canvassers shall issue guidelines to

 

19  ensure fairness and uniformity in the granting of clarifying

 

20  designations and may issue guidelines relating to what

 

21  constitutes the same or similar surnames. The board of state

 

22  canvassers and the boards of county election commissioners shall

 

23  follow the guidelines.

 

24        Sec. 562. The said primary election ballots shall also

 

25  contain as many lines as there are delegates to be elected to the

 

26  county convention by the each particular political party. Such

 

27  The lines shall be printed under the title "Delegates to county

 


 1  convention", and no a primary election ballot for a delegate to a

 

 2  county convention of any political party shall not be counted

 

 3  unless prepared and voted under authority of this act.

 

 4        Sec. 570. Paper ballots shall be numbered consecutively and

 

 5  identified by use of the words "official primary ballot" on the

 

 6  upper right hand corner upon the front of the ballot with a

 

 7  perforated line across the corner and underneath the number and

 

 8  identification so that the corner with the number and

 

 9  identification may be torn off. The detachable corner stub shall

 

10  serve for the several party tickets and the ballot number shall

 

11  be printed upon the stub on 1 side only. A political party

 

12  designation shall not appear upon a ballot corner so numbered and

 

13  identified. After the ballots are trimmed and wrapped in sealed

 

14  packages, they shall be distributed for use at the primary

 

15  election in the same manner as is now provided by law for the

 

16  distribution of ballots to be used at general elections. Ballots

 

17  shall be prepared in substantially the following form:

 

 

18                                       OFFICIAL PRIMARY BALLOT

19                                              No. ............

20

21                  OFFICIAL PRIMARY ELECTION BALLOT

22   Primary election to be held ...................... 1920....

23 in the county of .......................................... .

24                                         ...............party.

25                                         (Vignette)

26   You cannot may split your ticket. If you You may vote

27 for candidates for separate offices on more than 1 party

28 ticket. , your ballot will be rejected.


  Make a cross or a check mark in the square to the left of

not more than the number of names for each office as may be

indicated under the title of each office.

==============================================================

            State.                         Legislative.

______________________________________________________________

           Governor.                      State Senator.

                                     ............... District.

  Vote for not more than one.      Vote for not more than one.

10 ______________________________________________________________

11 [ ] 1 John Doe                   [ ] 7 John Doe

12 ______________________________________________________________

13 [ ] 2 Richard Roe                [ ] 8 Richard Roe

14 ______________________________________________________________

15 [ ]                              [ ]

16 ==============================================================

17          Congressional.                Representative in State

18 ________________________________             Legislature.

19    United States Senator.....        ............... District.

20   Vote for not more than one.      Vote for not more than one.

21 ______________________________________________________________

22 [ ] 3 John Doe                   [ ] 9 John Doe

23 ______________________________________________________________

24 [ ] 4 Richard Roe                [ ] 10 Richard Roe

25 ______________________________________________________________

26 [ ]                              [ ]

27 ==============================================================

28   Representative in Congress.               County.

29 .................... District.       Prosecuting Attorney.

30   Vote for not more than one.      Vote for not more than one.

31 ______________________________________________________________

32 [ ] 5 John Doe                   [ ] 11 John Doe

33 ______________________________________________________________

34 [ ] 6 Richard Roe                [ ] 12 Richard Roe

35 ______________________________________________________________

36 [ ]                              [ ]


==============================================================

 

 

 2        Sec. 572. The official primary election ballots shall be

 

 3  prepared in such a manner that the electors of each political

 

 4  party at the primary may write, print, or paste the name of a

 

 5  candidate thereon on a ballot.

 

 6        Sec. 575. After the polls are opened at a primary election,

 

 7  any an elector who is legally registered and qualified, shall,

 

 8  before entering the booth or voting compartment, shall be

 

 9  furnished a party ballot, together with any other ballot or all

 

10  ballots to be voted at that primary election.

 

11        Sec. 576. (1) An elector, after having received a ballot or

 

12  the official primary election ballots, shall enter a booth or

 

13  voting compartment and, while there concealed from view, shall

 

14  vote the ballot or ballots by making a cross or a check mark in

 

15  the square at the left of the names of those candidates for whom

 

16  the elector desires to vote, but in no case shall not vote for

 

17  more candidates for any office than is indicated under the title

 

18  of each office. However, an elector may vote for a person whose

 

19  name is not printed on the ballot by inserting the name in a

 

20  manner that will substitute it for any name that is printed on

 

21  the ballot or where no candidate's name appears upon the ballot.

 

22        (2) The elector shall indicate his or her choice of

 

23  candidates on 1 party ticket only and, after After marking the

 

24  ballot or ballots, the elector shall fold it each ballot for

 

25  deposit pursuant to the provisions of as provided in this act. A

 

26  ballot on which more than 1 party ticket has been voted is void.

 

27        (3) This section is subject to section 736a.


 

 1        Sec. 582. A person who is voted for on a party primary

 

 2  election ballot for a state, district, township, county, city, or

 

 3  ward office or for the office of United States senator or

 

 4  representative in Congress whose name is not printed on the

 

 5  ballot and who has not filed a nominating petition for the office

 

 6  voted for, shall not be considered nominated as the candidate of

 

 7  the party for the office, nor be certified as a nominee unless

 

 8  the person receives a total vote equal to not less than .15 of 1%

 

 9  of the total population, as reflected by the last official

 

10  federal census, of the district for which nomination is sought,

 

11  but not less than 10 votes for the office, or a total vote equal

 

12  to 5% of the greatest number of votes cast by the party for any

 

13  office at the primary in the state, congressional, or other

 

14  district, township, county, city, or ward, for a candidate or for

 

15  all candidates for nomination for an office for which only 1

 

16  person is to be nominated, whichever is greater. However, for an

 

17  office to which more than 1 candidate is to be elected, the 5%

 

18  limitation shall be based upon the greatest number of votes cast

 

19  at the primary for any candidate for the same office.

 

20        Sec. 795. (1) An electronic voting system acquired or used

 

21  under sections 794 to 799a shall meet all of the following

 

22  requirements:

 

23        (a) Provide for voting in secrecy, except in the case of for

 

24  voters who receive assistance as provided by this act.

 

25        (b) Permit each elector to vote at an election for all

 

26  persons and offices for whom and for which the elector is

 

27  lawfully entitled to vote; to vote for as many persons for an


 

 1  office as the elector is entitled to vote for; and to vote for or

 

 2  against any question upon which the elector is entitled to vote.

 

 3  Except as otherwise provided in this subdivision, the electronic

 

 4  tabulating equipment shall reject all choices recorded on the

 

 5  elector's ballot for an office or a question if the number of

 

 6  choices exceeds the number that the elector is entitled to vote

 

 7  for on that office or question. Electronic tabulating equipment

 

 8  that can detect that the choices recorded on an elector's ballot

 

 9  for an office or a question exceeds the number that the elector

 

10  is entitled to vote for on that office or question shall be

 

11  located at each polling place and programmed to reject a ballot

 

12  containing that type of an error. If a choice on a ballot is

 

13  rejected as provided in this subdivision, an elector shall be

 

14  given the opportunity to have that ballot considered a spoiled

 

15  ballot and to vote another ballot.

 

16        (c) Permit an elector, at a presidential election, by a

 

17  single selection to vote for the candidates of a party for

 

18  president, vice-president, and presidential electors.

 

19        (d) Permit an elector in a primary election to vote for the

 

20  candidates in the party primary of the elector's choice. Except

 

21  as otherwise provided in this subdivision, the electronic

 

22  tabulating equipment shall reject each ballot on which votes are

 

23  cast for candidates of more than 1 political party. Electronic

 

24  tabulating equipment that can detect that the elector has voted

 

25  for candidates of more than 1 political party shall be located at

 

26  each polling place and programmed to reject a ballot containing

 

27  that type of an error. If a choice on a ballot is rejected as


 

 1  provided in this subdivision, an elector shall be given the

 

 2  opportunity to have that ballot considered a spoiled ballot and

 

 3  to vote another ballot.

 

 4        (e) Prevent an elector from voting for the same person more

 

 5  than once for the same office.

 

 6        (f) Reject a ballot on which no valid vote is cast.

 

 7  Electronic tabulating equipment shall be programmed to reject a

 

 8  ballot on which no valid vote is cast.

 

 9        (g) Be suitably designed for the purpose used; be durably

 

10  constructed; and be designed to provide for safety, accuracy, and

 

11  efficiency.

 

12        (h) Be designed to accommodate the needs of an elderly voter

 

13  or a person with 1 or more disabilities.

 

14        (i) Record correctly and count accurately each vote properly

 

15  cast.

 

16        (j) Provide an audit trail.

 

17        (k) Provide an acceptable method for an elector to vote for

 

18  a person whose name does not appear on the ballot.

 

19        (l) Allow for accumulation of vote totals from the precincts

 

20  in the jurisdiction. The accumulation software must meet

 

21  specifications prescribed by the secretary of state and must be

 

22  certified by the secretary of state as meeting these

 

23  specifications.

 

24        (m) Be compatible with or include at least 1 voting device

 

25  that is accessible for an individual with disabilities to vote in

 

26  a manner that provides the same opportunity for access and

 

27  participation, including secrecy and independence, as provided


 

 1  for other voters. The voting device shall include nonvisual

 

 2  accessibility for the blind and visually impaired.

 

 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. Electronic tabulating equipment

 

 7  that tabulates ballots, including absentee ballots, at a central

 

 8  location shall be programmed to reject a ballot if the choices

 

 9  recorded on an elector's ballot for an office or a question

 

10  exceed the number that the elector is entitled to vote for on

 

11  that office or question , or if no valid choices are recorded on

 

12  an elector's ballot. , or if, in a primary election, votes are

 

13  recorded for candidates of more than 1 political party.

 

14        (3) Beginning January 1, 2006, each jurisdiction in this

 

15  state conducting an election shall equip each polling place with

 

16  at least 1 accessible voting device as required under subsection

 

17  (1)(m).

 

18        Enacting section 1. Section 564 of the Michigan election

 

19  law, 1954 PA 116, MCL 168.564, is repealed.