SENATE BILL No. 508

May 29, 2001, Introduced by Senators STEIL, MC MANUS and GOSCHKA and referred to the Committee on Government Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 662, 672, 674, and 720 (MCL 168.662,

168.672, 168.674, and 168.720), section 662 as amended by 1999 PA

216 and section 674 as amended by 1996 PA 207, and by adding sec-

tion 720a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 662. (1) The legislative body in each city, village,

2 and township shall designate and prescribe the place or places

3 of holding an election, INCLUDING EARLY VOTING, IF APPLICABLE, in

4 the city, village, or township, and shall provide a suitable

5 polling place in or for each precinct located in the city, vil-

6 lage, or township for use at each election. Except as otherwise

7 provided in this section, school buildings, fire stations, police

8 stations, and other publicly owned or controlled buildings shall

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1 be used as polling places. If it is not possible or convenient

2 to use a publicly owned or controlled building as a polling

3 place, the legislative body of the city, township, or village may

4 use as a polling place a building owned or controlled by an

5 organization that is exempt from federal income tax pursuant to

6 UNDER section 501(c), other than 501(c)(4), (5), or (6), of the

7 internal revenue code of 1986, or any A successor statute. The

8 legislative body of a city, township, or village shall not desig-

9 nate as a polling place a building that is owned by a person who

10 is a sponsor of a political committee or independent committee.

11 A city, township, or village shall not use as a polling place a

12 building that does not meet the requirements of this section. As

13 used in this subsection, "sponsor of a political committee or

14 independent committee" means a person who is described as being a

15 sponsor under section 24(3) of the Michigan campaign finance act,

16 1976 PA 388, MCL 169.224, and includes a subsidiary of a corpora-

17 tion or a local of a labor organization, which IF THE corpora-

18 tion or labor organization is considered a sponsor under section

19 24(3) of the Michigan campaign finance act, 1976 PA 388, MCL

20 169.224.

21 (2) The legislative body in each city, village, and township

22 shall make arrangements for the rental or erection of suitable

23 buildings for use as polling places if publicly owned or con-

24 trolled buildings are not available, and shall cause HAVE the

25 polling places to be equipped with the necessary facilities for

26 lighting and with adequate facilities for heat and ventilation.

27 The legislative body may establish a central polling place or

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1 places for 6 precincts or less if it is possible and convenient

2 for the electors to vote at the central polling place. The leg-

3 islative body may abolish other polling places not required as a

4 result of the establishment of a central polling place.

5 (3) The legislative body of a city, village, or township may

6 establish a polling place at a for profit or nonprofit residence

7 or facility in which 150 persons or more aged 62 or older reside

8 or at an apartment building or complex in which 150 persons or

9 more reside. A township board may provide polling places located

10 within the limits of a city that has been incorporated from ter-

11 ritory formerly a part of the township, and the electors of the

12 township may cast their ballots at those polling places.

13 (4) The legislative body of a city, village, or township

14 shall not establish, move, or abolish a polling place less than

15 60 days before an election unless necessary because a polling

16 place has been damaged, destroyed, or rendered inaccessible or

17 unusable as a polling place.

18 (5) The legislative body of a city, village, or township

19 shall ensure that a polling place established under this section

20 complies with the voting accessibility for the elderly and handi-

21 capped act, Public Law 98-435, 42 U.S.C. 1973ee to 1973ee-6.

22 Sec. 672. At every EXCEPT AS PROVIDED IN THIS SECTION FOR

23 EARLY VOTING, AT EACH election, there shall be a board of at

24 least 3 NOT LESS THAN 3 ELECTION inspectors of election, con-

25 stituted as in this chapter provided, in and APPOINTED for each

26 election precinct. Not less than a majority of the ELECTION

27 inspectors shall be present in the precinct polling place during

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1 the time the polls are open. IF A CITY, VILLAGE, OR TOWNSHIP

2 PROVIDES EARLY VOTING, NOT LESS THAN 1 ELECTION INSPECTOR SHALL

3 BE APPOINTED AND PRESENT IN EACH POLLING PLACE DURING THE TIME

4 THE POLLS ARE OPEN.

5 Sec. 674. (1) Notwithstanding any other provision of law

6 to the contrary and subject to this section EXCEPT AS PROVIDED

7 IN SECTION 672, the city and township board of election commis-

8 sioners and the village board of election commissioners for vil-

9 lage elections only, at least NOT LESS THAN 21 days but not

10 more than 40 days before each election, but in no case AND NOT

11 less than 5 days before the date set for holding ELECTION INSPEC-

12 TOR TRAINING schools, of instruction, shall appoint for each

13 election precinct at least 3 election inspectors and as many more

14 as in its opinion is required for the efficient, speedy, and

15 proper conduct of the election. The board of election commis-

16 sioners may appoint as election inspector an individual on the

17 list submitted by a major political party under section 673a who

18 is qualified to serve under section 677. An appointment of an

19 election inspector under this section is void if a properly com-

20 pleted application for that election inspector is not on file in

21 the clerk's office as prescribed in section 677.

22 (2) The board of election commissioners shall designate 1

23 appointed election inspector as chairperson. The board of elec-

24 tion commissioners shall appoint at least 1 election inspector

25 from each major political party and shall appoint an equal

26 number, as nearly as possible, of election inspectors in each

27 election precinct from each major political party. The board of

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1 election commissioners may appoint election inspectors in an

2 election precinct from minor political parties. Not later than 2

3 business days following the appointment of election inspectors

4 under subsection (1) for elections in which a federal or state

5 office appears, the board of election commissioners shall notify

6 by certified mail, personal service, or electronic transmission

7 capable of determining date of receipt the county chair of each

8 major political party of the names and political party affilia-

9 tions of appointed election inspectors and the precincts to which

10 those inspectors were appointed. A board of election commission-

11 ers shall not appoint a person as an election inspector if that

12 person declares a political party preference for 1 political

13 party but is a known active advocate of another political party.

14 As used in this section, "a known active advocate" means a person

15 who meets 1 or more of the following:

16 (a) Is a delegate to the convention or an officer of that

17 other party.

18 (b) Is affiliated with that party through an elected or

19 appointed government position.

20 (c) Has made documented public statements specifically sup-

21 porting by name the other political party or its candidates in

22 the same calendar year as the election for which the appointment

23 is being made. As used in this subdivision, "documented public

24 statements" means statements reported by the news media or writ-

25 ten statements with a clear and unambiguous attribution to the

26 applicant.

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1 (3) The county chair of a major political party may

2 challenge the appointment of an election inspector based upon the

3 qualifications of the election inspector, the legitimacy of the

4 election inspector's political party affiliation, or whether

5 there is a properly completed declaration of political party

6 affiliation in the application for that election inspector on

7 file in the clerk's office. The challenge shall be in writing,

8 specifically identify the reason for the challenge, and include

9 any available documentation supporting the challenge. The

10 county chair of the political party shall file a challenge under

11 this subsection with the board of election commissioners not

12 later than 4 business days following receipt of the board of

13 election commissioners' notice of appointed election inspectors

14 under subsection (2).

15 (4) Upon receipt of a challenge under subsection (3), the

16 board of election commissioners shall determine whether the

17 appointee has the necessary qualifications by reviewing the

18 application or any other official records, such as voter regis-

19 tration records, or whether the applicant has a properly com-

20 pleted certification of political party affiliation in the

21 application. If the challenge alleges that the appointee is a

22 known active advocate of a political party other than the one on

23 the appointee's application, the board of election commissioners

24 immediately shall provide the appointee with a copy of the chal-

25 lenge by certified mail, personal service, or electronic trans-

26 mission capable of determining date of receipt. The appointee

27 may respond to the challenge within 2 business days after

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1 receiving a copy of the challenge. A response shall be by

2 affidavit SWORN STATEMENT addressing the specific reasons for

3 the challenge. Failure to respond shall result in revocation of

4 the appointment. Within 2 business days after receiving the

5 challenge or a response from the appointee, whichever is later,

6 the board of election commissioners shall make a final determina-

7 tion and notify the appointee and the county chair of the politi-

8 cal party of the determination.

9 (5) If a vacancy occurs in the office of chairperson or in

10 the office of election inspector before election day, the chair-

11 person of the board of election commissioners shall designate

12 some other ANOTHER properly qualified applicant or election

13 inspector as chairperson or some other ANOTHER qualified appli-

14 cant as election inspector, as applicable, subject to this

15 section. If a vacancy occurs in the office of chairperson on

16 election day, the remaining election inspectors shall designate 1

17 of the ELECTION inspectors as chairperson.

18 Sec. 720. (1) On the day of any AN election, the polls

19 shall be opened OPEN at 7 o'clock in the forenoon, A.M. and

20 shall be continuously open until 8 o'clock in the afternoon and

21 no longer P.M. Every EACH qualified elector present and in

22 line at the polls at the hour prescribed for the closing

23 thereof TIME shall be allowed to vote.

24 (2) IN A JURISDICTION CONDUCTING EARLY VOTING UNDER SECTION

25 720A, THE CLERK CONDUCTING THE ELECTION SHALL DESIGNATE THE HOURS

26 THE POLLS WILL OPEN AND CLOSE. THE POLLS SHALL BE OPEN NOT LESS

27 THAN 4 HOURS ON EACH EARLY VOTING DAY. NOT LESS THAN 72 HOURS

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1 BEFORE EARLY VOTING BEGINS, THE CLERK SHALL POST THE HOURS THAT

2 THE POLLS WILL BE OPEN AT THE CLERK'S OFFICE AND AT EACH EARLY

3 VOTING POLLING PLACE. THE CLERK SHALL PROVIDE NOTICE TO ELECTORS

4 OF THE LOCATION OF EACH EARLY VOTING POLLING PLACE AND THE DATES

5 AND HOURS THE EARLY VOTING POLLING PLACE WILL BE OPEN. THE

6 NOTICE TO ELECTORS SHALL SUBSTANTIALLY COMPLY WITH THE FORM IN

7 SECTION 653A.

8 SEC. 720A. (1) IF THE LEGISLATIVE BODY OF A CITY, TOWNSHIP,

9 OR VILLAGE APPROVES EARLY VOTING, A CITY, TOWNSHIP, OR VILLAGE

10 MAY PROVIDE EARLY VOTING FOR AN ELECTION.

11 (2) IN A CITY, TOWNSHIP, OR VILLAGE PROVIDING EARLY VOTING,

12 THE CLERK SHALL DESIGNATE THE DATE ON WHICH EARLY VOTING SHALL

13 BEGIN. EARLY VOTING SHALL BEGIN NOT MORE THAN 17 DAYS BEFORE A

14 PRIMARY, GENERAL, OR SPECIAL ELECTION AND END AT 2 P.M. ON THE

15 SATURDAY BEFORE THE ELECTION. IF THE SEVENTEENTH DAY BEFORE AN

16 ELECTION FALLS ON A LEGAL HOLIDAY, EARLY VOTING SHALL BEGIN ON

17 THE NEXT DAY THAT IS NOT A LEGAL HOLIDAY. IF DESIGNATED BY THE

18 CLERK, EARLY VOTING DAYS SHALL INCLUDE SATURDAY AND SUNDAY.

19 (3) THE SECRETARY OF STATE SHALL COOPERATE WITH A JURISDIC-

20 TION CONDUCTING EARLY VOTING AND PROVIDE TECHNICAL ASSISTANCE TO

21 A JURISDICTION REQUESTING TECHNICAL ASSISTANCE.

22 (4) SUBJECT TO THIS SECTION, A JURISDICTION CONDUCTING EARLY

23 VOTING SHALL FOLLOW THE PROVISIONS OF THIS ACT REGARDING ALL OF

24 THE FOLLOWING:

25 (A) SELECTION OF A POLLING PLACE.

26 (B) ELECTION INSPECTORS.

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1 (C) CHALLENGES TO VOTERS.

2 (D) POLL BOOK AND POLL LIST.

3 (E) NOTICES, INSTRUCTIONS, AND PLACARDS.

4 (F) SECURITY OF A VOTING MACHINE OR OTHER VOTING SYSTEM.

5 (G) BALLOT SECURITY, BALLOT CONTAINERS, BALLOT COUNTING, AND

6 BALLOT PRESERVATION.

7 (5) A POLL BOOK AND POLL LIST FOR EACH PRECINCT SHALL BE

8 MAINTAINED FOR EARLY VOTING IN ACCORDANCE WITH SECTION 735. THE

9 POLL BOOK SHALL BE DIVIDED BY DATE AND SEPARATE RECORDS MAIN-

10 TAINED FOR EACH DAY OF EARLY VOTING. THE POLL BOOK AND POLL LIST

11 MAY BE MAINTAINED ELECTRONICALLY.

12 (6) EARLY VOTING BALLOTS SHALL BE PROCESSED IN THE SAME

13 MANNER AS BALLOTS CAST ON ELECTION DAY AND SHALL NOT BE COUNTED

14 UNTIL THE POLLS CLOSE ON ELECTION DAY.

15 (7) EACH DAY OF EARLY VOTING, THE CHAIR OF THE BOARD OF

16 ELECTION INSPECTORS FOR EACH PRECINCT SHALL SIGN AND INCLUDE IN

17 THE POLL BOOK A CERTIFICATION STATEMENT VERIFYING THAT THE NUMBER

18 OF ELECTORS REQUESTING A BALLOT AS DETERMINED BY THE POLL BOOK

19 AND POLL LIST IS THE SAME AS THE NUMBER OF BALLOTS CAST.

20 (8) "EARLY VOTING", AS USED IN THIS ACT, MEANS THE PERIOD OF

21 TIME BEFORE A PRIMARY, GENERAL, OR SPECIAL ELECTION WHEN A QUALI-

22 FIED AND REGISTERED ELECTOR MAY VOTE IN PERSON AT A POLLING PLACE

23 DESIGNATED BY THE CLERK CONDUCTING THE ELECTION.

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