HOUSE BILL NO. 4602

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 794a (MCL 168.794a), as amended by 2002 PA 91.

the people of the state of michigan enact:

Sec. 794a. (1) Subject to this section, the board of commissioners of a county, the legislative body of a city or village, the township board of a township, or the school board of a school district, by a majority vote, may authorize, acquire by purchase, lease, or otherwise, adopt, experiment with, or abandon an electronic voting system approved for use in this state in an election, and may use the system in all or a part of the precincts within its boundaries, or in combination with other approved voting systems.

(2) A new electronic voting system shall not be used at a general election in a county, city, or township unless, in addition to the other requirements of this act, all of the following requirements are met:

(a) The county, city, or township purchases or otherwise acquires the electronic voting system 6 months or more before the next general election to be held in that county, city, or township.

(b) The county, city, or township uses the electronic voting system at a primary, special, or other local election held in the county, city, or township before the general election.

(1) (3) Subject to the procedures prescribed in rules promulgated by the secretary of state under this section, each appropriate board of election commissioners retains control over creating the board's own test deck process. The secretary of state shall not do any of the following:

(a) Prohibit or restrict an appropriate board of election commissioners from utilizing any source to create test decks with predetermined results.

(b) Enter into an agreement or contract that grants exclusive control over creating test decks with predetermined results to a single vendor or entity.

(c) Mandate or permit the centralization of all ballot information for this state with a single vendor for the purpose of creating test decks.

(2) The appropriate board of election commissioners shall provide for an accuracy test of an electronic voting system in the manner prescribed in rules promulgated by the secretary of state.

(3) The secretary of state shall prescribe procedures for preparing test decks and conducting accuracy tests for electronic voting systems in this state. The procedures prescribed by the secretary of state under this subsection must be clearly defined, readily understandable, and capable of being replicated by an appropriate board of election commissioners without relying on proprietary systems or information that is not publicly available. The process of creating test decks must be transparent and reproducible by an individual using the prescribed procedures in the promulgated rules.

(4) Before an election held in a county, city, or township, village, or school district, the secretary of state may randomly select and test for accuracy an electronic voting system to be used by the county, city, or township , village, or school district in that election. The secretary of state shall use the test decks prepared by the secretary of state appropriate board of election commissioners to conduct the random tests allowed under this subsection.

(5) A board of election commissioners shall not use in an election an electronic voting system that has failed the most recent accuracy test performed on that electronic voting system under this act. An electronic voting system may be used after any necessary corrections are made and an accuracy test is passed on the electronic voting system.

(6) Subsection (1) does not apply to a county, city, village, township, or school district after the county, city, village, township, or school district receives the secretary of state's notice under section 37. Subsection (2) shall apply to a county, city, village, township, or school district after it receives the secretary of state's notice under section 37 if, at the time of the notice, the county, city, village, township, or school district is using an electronic voting system that is the same type as the uniform voting system.