Substitute For

HOUSE BILL NO. 4897

"Michigan election law,"

by amending sections 730, 731, and 733 (MCL 168.730, 168.731, and 168.733), sections 730 and 731 as amended by 1995 PA 261 and section 733 as amended by 1996 PA 583.

the people of the state of michigan enact:

Sec. 730. (1) At an election, a political party or an incorporated organization or organized committee of citizens interested in the adoption or defeat of a ballot question being voted for or upon at the election, or interested in preserving the purity of elections and in guarding against the abuse of the elective franchise, may designate challengers as provided in this act. Except as otherwise provided in this act, a political party, incorporated organization, or organized committee of interested citizens may designate not more than 2 challengers to serve in a precinct at any 1 time. A political party, incorporated organization, or organized committee of interested citizens may designate not more than 1 challenger to serve at each counting board precinct. A political party, incorporated organization, or organized committee of interested citizens may designate additional challengers at an absent voter counting board precinct, or a combined absent voter counting board precinct established under section 764d, if any area where the absent voter ballots are being processed by election inspectors at that absent voter counting board precinct or combined absent voter counting board precinct cannot be properly viewed, including, but not limited to, any area where the adjudication machine or ballot tabulators are located. A political party, incorporated organization, or organized committee of interested citizens may designate not more than 2 challengers to serve at a city or township clerk's office or any satellite office of the city or township clerk, in an area designated by the clerk for challengers, at any 1 time on election day. The designated area selected by the city or township clerk must not be located in a space that interferes with the working operations of other city or township clerk business. Challengers serving at a city or township clerk's office or any satellite office of the city or township clerk are only authorized to be in the voting area designated by the clerk for challengers.

(2) A challenger shall must be a registered elector of this state. Except as otherwise provided in this section, a candidate for nomination or election to an office shall not serve as a challenger in any precinct in the jurisdiction in which he or she is a candidate at the election in which he or she is a candidate. A candidate for the office of delegate to a county convention may serve as a challenger in a precinct other than the 1 in which he or she is a candidate. A person An individual who is appointed as an election inspector at an election shall not act as a challenger at any time during the election day.

(3) A challenger may be designated to serve in more than 1 precinct, city or township clerk's office, or satellite office of the city or township clerk. The political party, incorporated organization, or organized committee of interested citizens shall indicate which precincts, city or township clerks' offices, or satellite offices of the city or township clerk the challenger will serve when designating challengers under subsection (1). If more than 1 challenger of a political party, incorporated organization, or organized committee of interested citizens is serving in a precinct, city or township clerk's office, or satellite office of the city or township clerk at any 1 time, only 1 of the challengers has the authority to initiate a challenge at any given time. The challengers shall must indicate to the board of election inspectors or city or township clerk which of the 2 challengers will have this authority. The challengers may change this authority and shall must indicate the change to the board of election inspectors or the city or township clerk.

Sec. 731. (1) Not less than 20 and not more than 30 days before an election, an incorporated organization or organized committee of interested citizens other than political party committees authorized by this act intending to appoint challengers at the election shall file with the clerk of the county, city, village or township in which the election is to be held, a statement setting forth the intention of the organization or committee to appoint challengers. The statement shall must set forth the reason why the organization or committee claims the right to appoint challengers, with a facsimile of the card to be used, and shall must be signed and sworn to by the chief presiding officer, the secretary, or some other an officer of the organization or committee. The clerk or secretary of state, as applicable under subsection (2), may deny an organization or committee the authorization to appoint challengers if that organization or committee fails to furnish evidence satisfactory to the clerk or secretary of state that the organization or committee is devoted to the purposes enumerated in section 730.

(2) Not later than 2 business days after receipt of a statement of intent to appoint challengers under subsection (1), a clerk shall must approve or deny the organization's or committee's authorization to appoint challengers and notify the organization or committee of that approval or denial. If authorization is denied under this subsection, an organization or committee may appeal the denial with the secretary of state not later than 2 business days after receipt of the denial. Not later than 2 business days after receipt of an appeal of a denial under this subsection, the secretary of state shall must review the clerk's denial and approve or deny the organization's or committee's authorization to appoint challengers and notify the organization or committee and the clerk of that decision.

(3) Before the opening of the polls, the clerk shall certify in writing to the board of election inspectors in a county, city, village, or township in which the election will be conducted the names of organizations and committees that are authorized under this section to appoint and keep challengers at the polling places in the county, city, village, or township.

(4) A person An individual who files a statement under this section on behalf of an organization or committee that is not authorized by this act to appoint challengers or a clerk who knowingly fails to perform the duties required by this section is guilty of a felony , punishable by a fine of not more than $1,000.00 , or by imprisonment for not more than 2 years, or both.

Sec. 733. (1) The board of election inspectors shall provide space for the challengers within the polling place that enables the challengers to observe the election procedure and each person individual applying to vote. A challenger may do 1 or more of the following:

(a) Under the scrutiny of an election inspector, inspect without handling the poll books as ballots are issued to electors and the electors' names being entered in the poll book.

(b) Observe the manner in which the duties of the election inspectors are being performed.

(c) Challenge the voting rights of a person an individual who the challenger has good reason to believe is not a registered elector.

(d) Challenge an election procedure that is not being properly performed.

(e) Bring to an election inspector's attention any of the following:

(i) Improper handling of a ballot by an elector or election inspector.

(ii) A violation of a regulation made by the board of election inspectors pursuant to under section 742.

(iii) Campaigning being performed by an election inspector or other person in violation of section 744.

(iv) A violation of election law or other prescribed election procedure.

(f) Remain during the canvass of votes and until the statement of returns is duly signed and made.

(g) Examine without handling each ballot as it is being counted.

(h) Keep records of votes cast and other election procedures as the challenger desires.

(i) Observe the recording of absent voter ballots on voting machines.

(2) The board of election inspectors shall provide space for each challenger, if any, at each counting board that enables the challengers to observe the counting of the ballots. A challenger at the counting board may do 1 or more of the activities allowed in subsection (1), as applicable.

(3) On election day, each city or township clerk shall select and provide space in a designated area at the city or township clerk's office or any satellite office of the city or township clerk that enables challengers to observe electors who are registering to vote and voting an absent voter ballot at the city or township clerk's office or any satellite office of the city or township clerk on election day. The designated area selected by the city or township clerk must not be located in a space that interferes with the working operations of other city or township clerk business. Challengers serving at a city or township clerk's office or any satellite office of the city or township clerk are only authorized to be in the voting area designated by the clerk for challengers. A challenger under this subsection may do 1 or more of the following:

(a) Observe the manner in which the duties of the city or township clerk and other election officials are being performed.

(b) Challenge the voting rights of an individual who the challenger has good reason to believe is not a registered elector.

(d) Bring to the city or township clerk's or other election official's attention any of the following:

(i) Improper handling of an absent voter ballot or absent voter ballot return envelope by an elector or the city or township clerk or other election official.

(ii) Campaigning being performed inside the city or township clerk's office or any satellite office of the city or township clerk.

(iii) A violation of election law or other prescribed election procedure.

(e) Keep records of any election procedure as the challenger desires.

(4) All challenges made by challengers at the city or township clerk's office or any satellite office of the city or township clerk on election day under subsection (3) must be recorded by the city or township clerk in a poll book addendum that must be delivered with the absent voter ballots to the location where those absent voter ballots will be tabulated.

(5) (3) Any evidence of drinking of alcoholic beverages or disorderly conduct is sufficient cause for the expulsion of a challenger from the polling place, or the counting board, a city or township clerk's office, or any satellite office of the city or township clerk. The election inspectors and other election officials on duty shall protect a challenger in the discharge of his or her duties.

(6) (4) A person An individual shall not threaten or intimidate a challenger while performing an activity allowed under subsection (1), (2), or (3). A challenger shall not threaten or intimidate an elector while the elector is entering the polling place, city or township clerk's office, or any satellite office of the city or township clerk, applying to vote, entering the voting compartment, voting, or leaving the polling place, city or township clerk's office, or any satellite office of the city or township clerk.