May 2, 2013, Introduced by Reps. Price and Haveman and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 809 and 821 (MCL 168.809 and 168.821), section
809 as amended by 1995 PA 261 and section 821 as amended by 2003 PA
302, and by adding section 806b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 806b. The board of election inspectors may transmit the
statement of returns to the county clerk, or to their respective
city or township clerks who shall transmit the statement of returns
to the county clerk, after the polls close on election night by
telephone or other electronic means. The county clerk shall
tabulate the election results as they are received by telephone or
other electronic means and make those results available to the
public. As used in this section and section 809, "other electronic
means" includes, but is not limited to, any of the following:
(a) Electronic mail.
(b) Facsimile.
(c) Modem.
Sec. 809. (1) The board of election inspectors shall seal 1 of
the statement of returns and 1 of the tally sheets or the combined
tally return sheet with a red state election seal in an envelope
and shall address the envelope to the board of county canvassers,
in care of the judge of probate or his or her designee. The board
of election inspectors shall also seal 1 poll book and 1 tally
sheet with a red state election seal in an envelope and shall
address that envelope to the county clerk. Two members of the board
of election inspectors, 1 from each major political party, shall
deliver
the sealed envelope envelopes
and the ballot containers to
a receiving board at the office of the clerk of the township or
city immediately after closing the precinct on
election night. Upon
The poll book and statement of returns may be enclosed in a single
sealed envelope when delivered to the receiving boards.
(2) If the board of election inspectors transmits the election
results to the county clerk by telephone or other electronic means
on election night, upon receipt of the sealed envelope or
envelopes, the receiving board shall review all of the election
materials and shall verify the secure sealing of the ballot
containers. After reviewing the election materials from each
precinct, the receiving board shall deposit the envelopes addressed
to the board of county canvassers into a secure storage container
or transfer case marked "board of county canvassers" and shall
deposit the envelopes addressed to the county clerk into a separate
secure storage container or transfer case marked "county clerk".
Two members of the receiving board, 1 from each political party,
shall sign 2 certificates entitled "election materials" for each
secure storage container or transfer case used and shall designate
on each signed certificate the seal number used to seal the secure
storage container or transfer case. The 2 members of the receiving
board shall place 1 of the signed certificates for each secure
storage container or transfer case used in a plastic envelope and
shall attach the signed certificate to the seal of each secure
storage container or transfer case used. The 2 members of the
receiving board shall secure each storage container or transfer
case used with the approved seal. The 2 members of the receiving
board shall deposit the duplicate signed certificate for each
secure storage container or transfer case used with the clerk of
the city or township. A record of the seal numbers used to secure
each storage container or transfer case shall be transmitted to the
county clerk on election night. If the board of election inspectors
does not or is unable to transmit the election results to the
county clerk by telephone or other electronic means on election
night, the city or township clerk may transmit the election results
to the county clerk by telephone or other electronic means on
election
night. The township or city clerk shall
immediately
deliver
the envelope to the person to whom addressed secure each
storage container or transfer case used overnight and shall deliver
the storage container or transfer case marked "board of county
canvassers" to the judge of probate or his or her designee and the
storage container or transfer case marked "county clerk" to the
county clerk by 11 a.m. on the day following the day of the
election. The judge of probate or his or her designee shall deliver
the
sealed envelope storage
container or transfer case received by
him or her to the board of county canvassers when it meets to
canvass the returns.
(3) (2)
The board of election inspectors shall seal the other
statement
of returns or combined tally and statement, together with
the
poll list, in an envelope addressed to the county clerk. The If
the board of election inspectors or the city or township clerk does
not transmit the election results to the county clerk by telephone
or other electronic means on election night, the board of election
inspectors shall deliver the sealed envelope or envelopes to the
city or township receiving board for inspection in the office of
the city or township clerk immediately upon completion of the count
in the precinct. The city or township clerk shall immediately
deliver the envelopes to the county clerk, who shall open the
envelope addressed to the county clerk at that time, compile
unofficial returns, and make the returns in the envelope available
to the public. The office of the county clerk shall be open on
election day for election purposes and shall remain open until the
last
returns have been received, and the clerk completes an
unofficial tabulation, and the clerk transmits the unofficial
tabulation to the bureau of elections.
(4) (3)
If a city or township election to
be canvassed by a
board of city or township canvassers is held at a time at which no
election returns must be forwarded to the board of county
canvassers, the board of election inspectors shall return all poll
books, tally sheets, and returns to the city or township clerk. The
city or township clerk shall perform the duties required in this
section of the county clerks. If a local election to be canvassed
by the board of county canvassers is not held in conjunction with a
county or state election, the board of election inspectors shall
deliver both sealed envelopes to the local clerk who shall secure
all election materials used in the precinct on election day as
provided in this chapter. The local clerk shall deliver both sealed
envelopes to the county clerk before 11 a.m. on the day following
the election. In a city or township election, in which the city or
township consists of more than 5 precincts, held in conjunction
with an election to be canvassed by the board of county canvassers,
the board of election inspectors shall deliver the duplicate
returns required by section 806 to the city or township clerk.
Sec.
821. (1) The Except as
otherwise provided in subsection
(2), the board of county canvassers shall meet at the office of the
county
clerk at 1 p.m. 9 a.m. on the day after Thursday following
the
day of a general election, August primary, or presidential
primary
an election held
in the county to be canvassed by the board
of
county canvassers. Except as
provided in subsection (2), for
other
elections the board shall meet within 5 days following the
election.
(2) If, at an election held on the May regular election date,
a ballot question appears on the ballot concerning authorized
millage that is subject to a millage reduction as provided in
section 34d of the general property tax act, 1893 PA 206, MCL
211.34d, the board of county canvassers shall meet to canvass and
certify the results of the vote on that proposition after May 31
and before June 15 following the election.