SENATE BILL No. 1439

 

 

September 14, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 31 (MCL 168.31), as amended by 2005 PA 71, and

 

by adding section 864a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 31. (1) The secretary of state shall do all of the

 

following:

 

     (a) Subject to  subsection  subsections (2) and (3), issue

 

instructions and promulgate rules pursuant to the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the

 

conduct of elections and registrations in accordance with the laws

 

of this state.

 

     (b) Advise and direct local election officials as to the

 


proper methods of conducting elections.

 

     (c) Publish and furnish for the use in each election precinct

 

before each state primary and election a manual of instructions

 

that includes specific instructions on assisting voters in casting

 

their ballots, directions on the location of voting stations in

 

polling places, procedures and forms for processing challenges, and

 

procedures on prohibiting campaigning in the polling places as

 

prescribed in this act.

 

     (d) Publish indexed pamphlet copies of the registration,

 

primary, and election laws and furnish to the various county, city,

 

township, and village clerks a sufficient number of copies for

 

their own use and to enable them to include 1 copy with the

 

election supplies furnished each precinct board of election

 

inspectors under their respective jurisdictions. The secretary of

 

state may furnish single copies of the publications to

 

organizations or individuals who request the same for purposes of

 

instruction or public reference.

 

     (e) Prescribe and require uniform forms, notices, and supplies

 

the secretary of state considers advisable for use in the conduct

 

of elections and registrations.

 

     (f) Prepare the form of ballot for any proposed amendment to

 

the constitution or proposal under the initiative or referendum

 

provision of the constitution to be submitted to the voters of this

 

state.

 

     (g) Require reports from the local election officials the

 

secretary of state considers necessary.

 

     (h) Investigate, or cause to be investigated by local

 


authorities, the administration of election laws, and report

 

violations of the election laws and regulations to the attorney

 

general or prosecuting attorney, or both, for prosecution.

 

     (i) Publish in the legislative manual the vote for governor

 

and secretary of state by townships and wards and the vote for

 

members of the state legislature cast at the preceding November

 

election, which shall be returned to the secretary of state by the

 

county clerks on or before the first day of December following the

 

election. All clerks shall furnish to the secretary of state,

 

promptly and without compensation, any further information

 

requested of them to be used in the compilation of the legislative

 

manual.

 

     (j) Establish a curriculum for comprehensive training and

 

accreditation of all county, city, township, village, and school

 

elections officials.

 

     (k) Establish and require attendance by all new appointed or

 

elected election officials at an initial course of instruction

 

within 6 months before the date of the election.

 

     (l) Establish a comprehensive training curriculum for all

 

precinct inspectors.

 

     (m) Create an election day dispute resolution team that has

 

regional representatives of the department of state, which team

 

shall appear on site, if necessary.

 

     (2) Pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall

 

promulgate rules establishing uniform standards for state and local

 

nominating, recall, and ballot question petition signatures. The

 


standards for petition signatures may include, but need not be

 

limited to, standards for all of the following:

 

     (a) Determining the validity of registration of a circulator

 

or individual signing a petition.

 

     (b) Determining the genuineness of the signature of a

 

circulator or individual signing a petition, including digitized

 

signatures.

 

     (c) Proper designation of the place of registration of a

 

circulator or individual signing a petition.

 

     (3) Pursuant to the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall

 

promulgate rules establishing uniform standards for conducting

 

recounts.

 

     Sec. 864a. A board of canvassers conducting a recount shall

 

conduct the recount in accordance with the provisions of this act

 

and the rules promulgated by the secretary of state under section

 

31(3).

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2007.