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.
1 Make a cross or a check mark in the square to the left of
2 not more than the number of names for each office as may be
3 indicated under the title of each office.
4 ==============================================================
5 State. Legislative.
6 ______________________________________________________________
7 Governor. State Senator.
8 ............... District.
9 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 [ ] [ ]
1 ==============================================================
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.