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

24 ballots, shall enter a booth or voting compartment and, while

25 there concealed from view, shall vote the ballot or ballots by

26 making a cross or a check mark in the square at the left of the

27 names of those candidates for whom the elector desires to vote,

28 but in no case for more candidates for any AN office than is

29 indicated under the title of each office. However, an elector

30 may vote for a person whose name is not printed on the ballot by

31 inserting the name in a manner that will substitute it for any

32 ANOTHER name that is printed on the ballot or where no

33 candidate's name appears upon the ballot.

34 (2) The elector shall indicate his or her choice of candi-

35 dates on 1 party ticket only and, after marking the ballot, the

36 elector shall fold it for deposit pursuant ACCORDING to the

37 provisions of this act. A ballot on which more than 1 party

38 ticket has been voted is void.

01394'01 *

4

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

2 Sec. 587. Whenever IF a voting machine is used in a

3 primary AN election, the party levers or bars, if any, shall be

4 locked against voting so as to prevent straight ticket voting. ,

5 and the AT A PRIMARY, THE VOTING machine shall be properly

6 arranged so that the elector may vote for as many candidates for

7 each office as there are candidates to be nominated to that

8 office and no more.

9 Sec. 706. The arrangement of the ballot containing the

10 names of candidates for office shall conform as nearly as possi-

11 ble to the following plan FORM, and shall contain the specific

12 instructions there set forth IN THE FORM and no others:

13

14 OFFICIAL BALLOT

15 County of .................... Date ...............

16 INSTRUCTIONS - To YOU MAY NOT vote a straight party

17 ticket. make a cross (X) or check mark ( Q/) in the circle under

18 the name of your party. Nothing further need be done. To vote

19 for a candidate not on your party ticket, make a cross (X) or a

20 check mark (Q/) in the square [] before the candidate's name.

21 Candidates for president and vice-president must be voted

22 for as a unit, and the vote cannot be split. Candidates for gov-

23 ernor and lieutenant governor must be voted for as a unit, and

24 the vote cannot be split.

25 If 2 or more candidates are to be elected to the same

26 office and you desire to vote for candidates not on your party

01394'01 *

5

1 ticket, make a cross (X) or a check mark (Q/) in the square []

2 before the names of the candidates for whom you desire to vote on

3 the other ticket, and strike out an equal number of names on your

4 party ticket, for that office.

5 If you do not desire to vote any party ticket, do not make a

6 cross (X) or check mark (Q/) in the circle at the head of any

7 ticket, but make MAKE a cross (X) or a check mark (Q/) in the

8 square [] before the name of each candidate for whom you desire

9 to vote.

10 If you wish to vote for a candidate not on any ticket THE

11 BALLOT, write or place the name of that candidate on your ballot

12 opposite UNDER the name of the office AND MAKE A CROSS (X) OR A

13 CHECK MARK (Q/) IN THE SQUARE [] BEFORE HIS OR HER NAME.

14 Before leaving the booth, fold the ballot so that the face

15 of the ballot is not exposed and so that the numbered corner is

16 visible.

17 ===================================================================== =

18 Name of Vignette Vignette Vignette

19 Offices with with with

20 Voted For: Name of Party Name of Party Name of Party

21 [ ] [ ] [ ]

22 ===================================================================== =

23 Name of Name of Name of

24 PRESIDENTIAL Candidate for Candidate for Candidate for

25 Electors of President. President. President.

26 President

27 and Vice- [] Name of [] Name of [] Name of

28 President of Candidate for Candidate for Candidate for

29 the United Vice-President. Vice-President. Vice-President.

30 States

01394'01 *

6

1 ______________________________________________________________________

2 Governor Governor Governor

3 STATE Name of Name of Name of

4 Governor and Candidate Candidate Candidate

5 Lieutenant [] Lieut. Governor [] Lieut. Governor [] Lieut. Governor

6 Governor Name of Name of Name of

7 Candidate Candidate Candidate

8 ______________________________________________________________________

9 Secretary of Secretary of Secretary of

10 State State State

11 Secretary of [] Name of [] Name of [] Name of

12 State Candidate Candidate Candidate

13 ===================================================================== =

14 CONGRESSIONAL U.S. Senator U.S. Senator U.S. Senator

15 United States [] Name of [] Name of [] Name of

16 Senator Candidate Candidate Candidate

17 ______________________________________________________________________

18 Represent- U.S. Repre- U.S. Repre- U.S. Repre-

19 ative in sentative sentative sentative

20 Congress [] Name of [] Name of [] Name of

21 .....District Candidate Candidate Candidate

22 ===================================================================== =

23 LEGISLATIVE State Senator State Senator State Senator

24 Senator [] Name of [] Name of [] Name of

25 .....District Candidate Candidate Candidate

26 ______________________________________________________________________

27 State Repre- State Repre- State Repre-

28 Represent- sentative sentative sentative

29 ative [] Name of [] Name of [] Name of

30 .....District Candidate Candidate Candidate

31 ===================================================================== =

32 COUNTY Pros. Attorney Pros. Attorney Pros. Attorney

33 Prosecuting [] Name of [] Name of [] Name of

34 Attorney Candidate Candidate Candidate

35 ______________________________________________________________________

36 Sheriff Sheriff Sheriff

37 Sheriff [] Name of [] Name of [] Name of

38 Candidate Candidate Candidate

39 ===================================================================== =

40

41 Sec. 737. The elector shall then go directly into a AN

42 UNOCCUPIED VOTING booth which is unoccupied and indicate in the

43 following manner, with pencil or pen on the proper ballot, the

44 candidate or candidates for whom the elector desires to vote:

45 (a) If the THE elector desires to SHALL NOT vote a

46 straight ticket. , the elector may make a cross (X) or a check

01394'01 *

7

1 mark (Q/) in the circle under the name of that party at the head

2 of the ballot. Nothing further need be done.

3 (b) If only 1 candidate is to be elected to an office and

4 the elector desires to vote for a candidate not on the elector's

5 party ticket, the elector should make a cross (X) or a check mark

6 (Q/) in the circle under the name of the elector's party, and

7 also make a cross (X) or a check mark (Q/) in the square before

8 the name of the candidate for whom the elector desires to vote on

9 the other ticket. In such case, it shall not be necessary to

10 cross off the name of the candidate on the elector's party

11 ticket. If the elector votes for more than 1 candidate for the

12 same office where only 1 candidate is to be elected to the

13 office, the ballot shall not be counted for either of the candi-

14 dates and shall be as to those candidates considered null and

15 void.

16 (c) If 2 or more candidates are to be elected to the same or

17 like office, such as coroners, and the elector desires to vote

18 for a candidate or candidates not on the elector's party ticket

19 for the office, the elector should mark a cross (X) or a check

20 mark (Q/) in the circle under the elector's party name, and mark

21 a cross (X) or a check mark (Q/) in the square before the name or

22 names of the candidate or candidates for whom the elector desires

23 to vote on the other ticket or tickets, and also cross off an

24 equal number of names of the candidates for the office on the

25 elector's party ticket; but if the elector fails to cross off the

26 names of an equal number of candidates for the office on the

27 elector's party ticket, the elector shall be considered to have

01394'01 *

8

1 crossed off the name of each candidate for the office which is

2 printed on the elector's party ticket opposite the name of the

3 candidate on some other party ticket in front of which name the

4 elector has made a cross (X) or a check mark (Q/).

5 (B) (d) If the elector wishes to vote for a candidate not

6 on any ticket THE BALLOT, the elector may write or place the

7 name of that candidate on the elector's ballot opposite the name

8 of the office and make a cross (X) or a check mark (Q/) in the

9 circle under the party SQUARE [] BEFORE HIS OR HER name.

10 (C) (e) A ballot marked with a cross (X) or a check mark

11 (Q/) in a circle under a party name shall be considered a vote

12 for each of the candidates named in the party column whose name

13 is not crossed off, except those candidates where a cross (X) or

14 a check mark (Q/) is placed in the square before the name of

15 some opposing A candidate PRINTED on another ticket, THE

16 BALLOT or where there BEFORE A NAME THAT is written or pasted

17 on the party ticket a name which is not printed on any party

18 ticket BALLOT IS CONSIDERED A VOTE FOR THAT CANDIDATE EXCEPT IF

19 AN ELECTOR HAS VOTED FOR MORE CANDIDATES FOR THE OFFICE THAN ARE

20 TO BE ELECTED.

21 (f) If the name of any person who is not a candidate on any

22 ticket is written or placed on the party ticket opposite the name

23 of the office and there is a cross (X) or a check mark (Q/) in

24 the circle under the party name, the name so written or placed

25 shall be counted 1 vote for the person, whether the original name

26 on the party ticket is erased or not, excepting cases where there

01394'01 *

9

1 is a cross (X) or a check mark (Q/) in the square before the name

2 of some opposite candidate on some other party ticket.

3 (g) If a cross (X) or a check mark (Q/) is not placed in the

4 circle under the party name, a cross (X) or a check mark (Q/) in

5 the square before the name of any candidate shall be considered a

6 vote for that candidate except in cases where the elector votes

7 for more candidates for the same office than are to be elected.

8 (D) (h) An elector shall indicate the elector's preference

9 on any constitutional amendment or other submitted question by

10 making a cross (X) or a check mark (Q/) in the square in front of

11 the word "Yes" or in the square in front of the word "No" oppo-

12 site or below the question on the proper ballots.

13 Sec. 782b. If there is no reserve machine available, emer-

14 gency ballots may also be provided by the COUNTY board of elec-

15 tion commissioners. of the county, having EMERGENCY BALLOTS

16 SHALL HAVE suitable blank spaces to permit the voter to vote a

17 straight party ticket, or if he desires to split his party

18 ticket, to indicate the party ticket the majority of whose candi-

19 dates he favors, together with the names of such other FOR THE

20 candidates for whom he THE ELECTOR desires to vote. The bal-

21 lots shall be used only in emergency and upon special permission

22 of the board or official whose duty it is to provide ballots for

23 the election. and who THE BOARD OR OFFICIAL shall prepare

24 such THE EMERGENCY ballots which THAT shall be held by the

25 city, township, or village clerk, subject to the order of the

26 county clerk or other authorized person. It shall not be

27 necessary to provide emergency ballots for each election unless

01394'01 *

10

1 same shall PREVIOUSLY PROVIDED BALLOTS have been used,

2 destroyed, or lost, in which case similar ballots shall again be

3 provided. If at any time during the election, the voting machine

4 is disabled and cannot be repaired and no other voting machine

5 can be had to supply its place IS AVAILABLE, an emergency shall

6 be declared to exist and the voting thereafter AFTER AN EMER-

7 GENCY IS DECLARED at that election in that voting precinct shall

8 be by EMERGENCY ballot, in the manner provided in this section.

9 The board or official having the THAT HAS custody of the emer-

10 gency ballots, when so directed, shall supply a sufficient number

11 of such EMERGENCY ballots to the election board for use by the

12 voters. One of the ballots shall be delivered by the election

13 board to each voter who may thereafter appear APPEARS to vote

14 and AFTER AN EMERGENCY IS DECLARED. EMERGENCY BALLOTS shall be

15 voted and counted subject to the provisions relative to voting by

16 ballot at general elections, except as herein otherwise pro-

17 vided IN THIS SECTION. The ballots shall be numbered consecu-

18 tively from 1 up, which number and identification shall be

19 printed upon a perforated stub as in the case where only regular

20 ballots are used at elections.

21 Sec. 795c. The different parts of the ballot, such as par-

22 tisan, nonpartisan, and questions, shall be prominently indicated

23 on the ballot label, and, if practicable, each part may be placed

24 on a separate page, column, or display. If 2 or more elections

25 are held on the same day, the ballot label shall be clearly

26 marked to indicate the ballot for each election. In partisan

27 elections the ballot label shall include a position by which the

01394'01 *

11

1 voter may by a single selection record a straight party ticket

2 vote for all the candidates of 1 party. The voter may vote a

3 split or mixed ticket.

4 Sec. 803. (1) Except as otherwise provided in this act, the

5 following rules shall govern the counting and recounting of

6 votes:

7 (a) If it is clearly evident from an examination of any

8 ballot that the ballot has been mutilated for the purpose of dis-

9 tinguishing it or that there has been placed on the ballot some

10 mark, printing, or writing for the purpose of distinguishing it,

11 then that ballot is void and shall not be counted.

12 (b) A cross, the intersection of which is within or on the

13 line of the proper circle or square, or a check mark, the angle

14 of which is within a circle or square, is valid. Crosses or

15 check marks otherwise located on the ballot are void.

16 (c) Marks other than crosses or check marks used to desig-

17 nate the intention of the voter shall not be counted.

18 (d) A cross is valid even though 1 or both lines of the

19 cross are duplicated, if the lines intersect within or on the

20 line of the square or circle.

21 (e) Two lines meeting within or on the line of the square or

22 circle, although not crossing each other, are valid if it is

23 apparent that the voter intended to make a cross.

24 (f) A failure to properly mark a ballot as to 1 or more can-

25 didates does not alone invalidate the entire ballot if the ballot

26 has been properly marked as to other candidates, unless the

01394'01 *

12

1 improper marking is determined to be a distinguishing mark as

2 described in this subsection.

3 (g) Erasures and corrections on a ballot made by the elector

4 in a manner frequently used for this purpose shall not be consid-

5 ered distinguishing marks or mutilations.

6 (h) Any ballot or part of a ballot from which it is impossi-

7 ble to determine the elector's choice of candidate is void as to

8 the candidate or candidates affected by that determination.

9 (i) Any votes cast for a deceased candidate are void and

10 shall not be counted, except that votes cast for a candidate for

11 governor who has died, and for whom a replacement has not been

12 made, shall be counted for the candidate for lieutenant governor

13 of that party.

14 (j) All ballots cast that are not counted shall be marked by

15 the inspector "not counted", kept separate from the others by

16 being tied or held in 1 package, and placed in the ballot box

17 with the counted ballots.

18 (k) A vote shall not be counted for any candidate unless a

19 cross or a check mark has been placed by the voter in the circle

20 at the head of the party ticket, if any, on which the name of the

21 candidate has been printed, written, or placed or unless a cross

22 or a check mark has been placed by the voter in the square before

23 the space in which the name of the candidate has been printed,

24 written, or placed.

25 (2) If an electronic voting system requires that the elector

26 place a mark in a predefined area on the ballot in order to cast

27 a vote, the vote shall not be considered valid unless there is a

01394'01 *

13

1 mark within the predefined area and it is clearly evident that

2 the intent of the voter was to cast a vote. In determining

3 intent of the voter, the board of canvassers or election official

4 shall compare the mark with other marks appearing on the ballot.

5 Sec. 804. In the canvass of votes cast for candidates for

6 public office, the board shall first select and count the

7 straight tickets and shall cause to be credited on the tally

8 sheets the number to each candidate voted for on a straight

9 ticket. All other ballots shall be counted and tallied COUNT

10 AND TALLY ALL BALLOTS in such THE manner as will best insure

11 ENSURE accuracy and promptness in determining the result. , and

12 the THE inspectors of election shall see that proper credit is

13 given on the tally sheets to the candidates voted for on such

14 THE ballots. All computations and tallies shall be made upon the

15 tally sheets used at such THE election.

01394'01 * Final page. CAS