SENATE BILL NO. 53
January 27, 2021, Introduced by Senators CHANG,
HOLLIER, WOJNO, SANTANA, MOSS, BULLOCK, POLEHANKI, IRWIN, GEISS and BRINKS
and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 867, 871, 874, and 881 (MCL 168.867, 168.871, 168.874, and 168.881), sections 867 and 881 as amended by 2018 PA 130, section 871 as amended by 2012 PA 272, and section 874 as amended by 1995 PA 261.
the people of the state of michigan enact:
Sec. 867. (1) A
candidate or elector filing a recount petition under section 862 or 863 shall
file the recount petition with the clerk of the appropriate board of county
canvassers. Except as otherwise provided in this section, at the time of filing
the recount petition, the petitioner shall deposit with the clerk the sum of
$25.00 for each precinct referred to in his or her recount petition.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating the winning
candidate and the petitioner is more than 75 votes or 5.0% of the total number
of votes cast in the race, whichever is greater, the petitioner shall deposit
with the clerk the sum of $250.00 for each precinct referred to in his or her
petition. For purposes of this subsection, the winning candidate in a primary
for a nonpartisan office where only 1 candidate will be elected means the
candidate nominated with the lesser number of votes.
(3) Subject to subsection (2), if 1 candidate is to be
elected to the office and the official canvass of votes shows that the number
of votes separating the winning candidate and the petitioner is more than 50
votes or 0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the clerk the sum of $125.00 for
each precinct referred to in his or her petition. For purposes of this
subsection, the winning candidate in a primary for a nonpartisan office where only
1 candidate will be elected means the candidate nominated with the lesser
number of votes.
(4) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes separating the
winning candidate who received the least number of votes and the petitioner is
more than 75 votes or 5.0% of the sum of the number of votes received by the 2
candidates, whichever is greater, the petitioner shall deposit with the clerk
the sum of $250.00 for each precinct referred to in his or her petition.
(5) Subject to subsection (4), if more than 1 candidate is to
be elected to the office and the official canvass of votes shows that the
number of votes separating the winning candidate who received the least number
of votes and the petitioner is more than 50 votes or 0.5% of the sum of the
number of votes received by the 2 candidates, whichever is greater, the
petitioner shall deposit with the clerk the sum of $125.00 for each precinct
referred to in his or her petition.
(6) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner shall deposit
with the clerk the sum of $125.00 for each precinct referred to in his or her
petition.
(7) If, by reason of the recount, the petitioner establishes
sufficient fraud or mistake as set forth in his or her recount petition to
change the result of the election and receives a certificate of election or
establishes sufficient fraud or mistake to change the result upon an amendment
or proposition, the votes for and against which
that were recounted, the clerk of
the board of county canvassers shall refund the money deposited to the
petitioner.
(8) If a refund is not made as required under subsection (7),
the sum deposited must be paid by the clerk of the board of county canvassers
to the treasurer of the county.
(9) If a precinct referred to in
the petition is determined "not recountable" as provided in section
871(3) or, subject Subject to
subsection (10), if a precinct referred to in the petition is not recounted due
to the withdrawal of the petition, the money deposited for the recount of that
precinct must be refunded to the petitioner.
(10) If the votes cast on the ballots voted in a precinct
have been examined and recounted, the withdrawal of the petition must not
result in a refund of the money deposited for the recount of that precinct.
Sec. 871. (1) The
board of canvassers conducting a recount pursuant
to under this chapter shall recount
all ballots of a precinct using an electronic voting system. unless 1 or more of the
following circumstances exist:
(a)
The seal on the transfer case or other ballot container is broken or bears a
different number than that recorded on the poll book, the breaking or
discrepancy is not explained to the satisfaction of the board of canvassers,
and security of the ballots has not been otherwise preserved.
(b)
The number of ballots to be recounted and the number of ballots issued on
election day as shown on the poll list or the computer printout do not match
and the difference is not explained to the satisfaction of the board of
canvassers.
(c)
The seal used to seal the ballot label assembly to a voting device in the
precinct is broken or bears a different number than that recorded in poll
records and the ballot labels or rotation of candidates' names is different
than that shown by other voting devices in the precinct and records of the
board of election commissioners.
(2)
This section does not prohibit the recounting of absent voter ballots tallied
in a precinct using an absent voter counting board or in a precinct in which 1
or more voting machines are recountable, if the absent voter ballots are
securely packaged and sealed.
(3)
If a board of canvassers conducting a recount pursuant to this chapter
determines that the ballots of a precinct are not eligible for recount under
this section, the original return of the votes for that precinct shall be taken
as correct.
(2)
(4) A board of
canvassers conducting a recount pursuant
to under this chapter may conduct a
recount by the following means:
(a) A manual tally of the ballots.
(b) A tabulation of the ballots on a computer using a
software application designed to specifically count only the office or ballot
question subject to the recount.
(c) A tabulation of the ballots on a computer using the same
software application used in the precinct on election day.
(d) Any combination of methods in subdivision (a), (b), or
(c), as determined appropriate by the board of canvassers.
(3)
(5) If a board of
canvassers conducting a recount pursuant
to under this chapter intends to
conduct a recount on a computer, the board of canvassers shall must
first test the software application by use of a test deck to
determine if the program accurately counts the votes for the office or ballot
question subject to the recount. If the test under this subsection fails to
show that the software application accurately counts the votes for the office
or ballot question subject to the recount, the board of canvassers shall use
another means prescribed in subsection (4)
(2) to conduct the recount.
Sec. 874. (1)
Pursuant to this chapter, the board of canvassers conducting the recount shall
reject all previous returns from the precincts, townships, or wards. , except the returns from a
precinct that cannot be recounted as to that candidate or ballot question
pursuant to section 871. In a public place where the candidates
or persons interested in the ballot question and their counsel may be present,
if they so desire, the board of canvassers shall proceed in the manner
prescribed in section 871. If applicable, the board of canvassers shall open
the ballot boxes from the precincts, townships, or wards, and the rolls or
packages of ballots in the ballot boxes, and to make a recount of the ballots
as to the candidates or ballot question. Upon completion of the recount, the
board of canvassers shall make a full, complete, and correct return in writing,
showing the full number of votes given to each candidate, or the total number
of votes cast for and against any ballot question, written out in words and
figures.
(2) The board of canvassers shall conduct the recount so that
the complete procedure may be observed and noted by the candidates or persons
interested in the ballot question, their counsel, and not to exceed 1 watcher
and 1 tallier at each table to check the work of the recount clerks. The
secretary of state shall develop instructions consistent with this act for
conducting a recount pursuant to under this subsection. All votes cast, whether for
candidates or ballot questions, shall
must be recounted in the
following manner:
(a) The ballots from any given precinct shall must
first be counted and the total compared with the number of
ballots issued on election day as shown on the poll list. If the first count of the number of ballots and
the number of ballots issued on election day as shown on the poll list do not
match, the ballots from that precinct shall be counted a second time and the
total compared with the number of ballots issued on election day as shown on
the poll list. If the second count of the number of ballots and the number of
ballots issued on election day as shown on the poll list do not match, those
ballots shall not be recounted as provided in section 871. If the second count
of the number of ballots and the number of ballots issued on election day as
shown on the poll list match, the ballots from that precinct shall be counted a
third time and the total compared with the number of ballots issued on election
day as shown on the poll list. If the third count of the number of ballots and
the number of ballots issued on election day as shown on the poll list do not
match, those ballots shall not be recounted as provided in section 871.
(b) If the first count described
in subdivision (a) or the second and third counts described in subdivision (a)
match the number of ballots issued on election day, the The ballots shall
must be placed face up on the
table and 1 recount clerk shall call the votes for each candidate or ballot
question involved in the recount.
(c) Two tally clerks shall simultaneously record the called
votes on forms provided for that purpose.
(3) The candidates or persons interested in the ballot
question, their counsel, watchers, and talliers shall
must be allowed to observe each
ballot as it is called and to take notes as they desire for their own records.
The board of canvassers shall identify by an exhibit number a ballot counted or
rejected under protest, keep a record of the protest, and proceed as required
under section 871a.
Sec. 881. (1) A
person filing a recount petition under section 879 or 880 shall file the
petition with the state bureau of elections. Except as otherwise provided in
this section, at the time of filing the petition, the petitioner shall deposit
the sum of $25.00 for each precinct in which a recount of the votes is demanded
in cash or by check or other negotiable instrument made payable to the state of
Michigan.
(2) If 1 candidate is to be elected to the office and the
official canvass of votes shows that the number of votes separating the winning
candidate and the petitioner is more than 75 votes or 5.0% of the total number
of votes cast in the race, whichever is greater, the petitioner shall deposit
with the state bureau of elections the sum of $250.00 for each precinct
referred to in his or her petition. For purposes of this subsection, the
winning candidate in a primary for a nonpartisan office where only 1 candidate
will be elected means the candidate nominated with the lesser number of votes.
(3) Subject to subsection (2), if 1 candidate is to be
elected to the office and the official canvass of votes shows that the number
of votes separating the winning candidate and the petitioner is more than 50
votes or 0.5% of the total number of votes cast in the race, whichever is
greater, the petitioner shall deposit with the state bureau of elections the
sum of $125.00 for each precinct referred to in his or her petition. For
purposes of this subsection, the winning candidate in a primary for a
nonpartisan office where only 1 candidate will be elected means the candidate
nominated with the lesser number of votes.
(4) If more than 1 candidate is to be elected to the office
and the official canvass of votes shows that the number of votes separating the
winning candidate who received the least number of votes and the petitioner is
more than 75 votes or 5.0% of the sum of the number of votes received by the 2
candidates, whichever is greater, the petitioner shall deposit with the state
bureau of elections the sum of $250.00 for each precinct referred to in his or
her petition.
(5) Subject to subsection (4), if more than 1 candidate is to
be elected to the office and the official canvass of votes shows that the
number of votes separating the winning candidate who received the least number
of votes and the petitioner is more than 50 votes or 0.5% of the sum of the
number of votes received by the 2 candidates, whichever is greater, the
petitioner shall deposit with the state bureau of elections the sum of $125.00
for each precinct referred to in his or her petition.
(6) If the vote is on a proposal and the official canvass of
votes shows that the number of votes separating the "yes" votes and
the "no" votes is more than 50 votes or 0.5% of the total number of
votes cast on the proposal, whichever is greater, the petitioner shall deposit
with the state bureau of elections the sum of $125.00 for each precinct
referred to in his or her petition.
(7) If, by reason of the recount, the petitioner establishes
fraud or mistake as set forth in his or her petition and receives a certificate
of election or establishes sufficient fraud or mistake to change the result
upon an amendment or proposition, the votes for and against which that
were recounted, the state bureau of elections shall refund the
money deposited to the petitioner. The secretary of state shall refund the
money deposited to a petitioner who is a chairperson of a state political party
if the results of the race for which a recount was petitioned for under section
879 are changed. If a refund is not made as required by this section, then the
secretary of state shall pay to the treasurer of each county its proportionate
share of the deposit based upon the number of precincts in the county in which
the votes were recounted.
(8) If a precinct referred to in
the petition is determined "not recountable" as provided in section
871(3) or, subject Subject to
subsection (9), if a precinct referred to in the petition is not recounted due
to the withdrawal of the petition, the money deposited for the recount of that
precinct must be refunded to the petitioner.
(9) If the votes cast on the ballots voted in a precinct have been examined and recounted, the withdrawal of the petition must not result in a refund of the money deposited for the recount of that precinct.