Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.790 - Counting center; receiving, tabulating, and certifying ballots

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) The
				certifying board shall determine that the seal number on the container
				containing the programs, official test deck, and predetermined results agree
				with those recorded in the certificate of the accuracy board.
(2) The certifying board shall test the
				program and computer as to accuracy prior to the tabulation of ballots and
				again after the last precinct has been counted, and shall certify the results.
				The accuracy test shall be conducted using the official test deck prepared
				under the direction of the election commission and certified by the accuracy
				board. The certifying board shall use the same test as was conducted by the
				accuracy board. The certifying board shall ascertain that their results agree
				with the results as certified by the accuracy board. The computer results of
				the certifying board accuracy test shall be identified as to date and time they
				were conducted. The certifying board shall certify that the required tests have
				been performed. This certificate shall be placed under seal with the program,
				test deck results, and other required materials and shall be delivered to the
				clerk in charge of the election.
(3) The certifying board may periodically
				during the tabulation of ballots test the program and computer, using the
				official test deck.
(4) A console
				log of the ballot tabulation shall be maintained and, at the completion of the
				count and accuracy test, certified by the computer operator and any observer
				appointed by the election commission. The console log shall be delivered to the
				clerk in charge of the election. If the computer used to tabulate the ballots
				is not capable of generating a console log, then a manual log of any abnormal
				events shall be maintained.
(5)
				Upon receipt of the transfer case from the inspectors, the receiving board
				shall verify that the seal number on the transfer case is the same as that
				recorded by the election inspectors. The case shall then be opened and the
				computer center receiving board shall determine whether it contains ballot
				cards and other required items. A discrepancy in the seal number or contents
				shall be noted and explained in the remarks section of the poll book by the
				election inspectors delivering the transfer case.
(6) The computer center receiving board shall
				issue a receipt for the transfer case to the election inspectors delivering the
				case. The receipt shall indicate in general terms the contents of the transfer
				case and shall be made in duplicate. The original copy shall be given to the
				inspectors delivering the transfer case and the duplicate retained for delivery
				to the clerk in charge of the election.
(7) The computer center receiving board shall
				place the metal seal with which the case was sealed inside the transfer case.
				The receiving board shall complete the certificate in the poll book, which
				shall read substantially as follows:
RECEIVING BOARD CERTIFICATE
We hereby certify that the transfer case, properly sealed,
				  containing the ballot cards for this precinct was received by the counting
				  center receiving board. The seal number agreed with the number recorded on the
				  transfer case identification tag and in the poll book.
(8) The clerk in charge of the election, the
				designated representatives of the clerk, the observer appointed by the election
				commission, computer personnel, data processing installation employees,
				authorized challengers, and the certifying board shall be allowed in the
				immediate area of the computer. The immediate area of the computer shall be
				defined by the clerk, but the clerk shall provide the public with a means of
				observing the computer.
(9) The
				clerk in charge of the election or the designated representative of the clerk
				shall be present in the computer room until the count is completed and all
				items required to be sealed have been sealed.
(10) The certifying board shall determine if
				the number of ballot cards tabulated by the computer agrees with the number of
				ballot cards submitted by the inspectors as indicated by the poll book. If a
				discrepancy exists, the board shall endeavor to correct it. If the discrepancy
				cannot be resolved, a notation of the pertinent facts shall be made in the
				remarks section of the poll book.
(11) The certifying board shall complete and
				certify a statement of returns in duplicate. The certificate of the statement
				of returns shall read substantially as follows:
STATEMENT OF RETURNS CERTIFICATE
We hereby certify that this is a statement of votes cast in
				  this precinct as indicated by the tabulating equipment and that upon completion
				  of the count, all ballots were placed in the transfer case, and that the case
				  was sealed with seal number __________ , and that the seal number was recorded
				  in the poll book.
(12) Precinct
				inspectors may serve as members of the certifying board at the discretion of
				the clerk in charge of the election.
(13) Upon the completion of the count of a
				precinct, the ballot cards shall be returned to the transfer case. The transfer
				case shall be sealed with a metal seal in a manner as to render it impossible
				to open the case or insert or remove ballots without breaking the seal. If the
				transfer case is identified as to political unit and precinct, the transfer
				case identification tag shall be placed in the transfer case. If not, the
				transfer case identification tag shall be attached to the transfer case by
				means of a seal.
(14) The seal
				number used to seal the transfer case shall be recorded on the certificate in
				the poll book and on the statement of returns.
(15) The precinct statement of returns and
				poll books shall be delivered to the persons authorized by statute to receive
				them. If permitted by the clerk of the board of canvassers, precinct statements
				of returns from 1 or more precincts and poll books may be included in a single
				envelope or package.
(16) The
				secretary of state or the clerk in charge of the counting center may require
				that a manual count of 1 or more offices or proposals in a precinct be
				conducted by the certifying board prior to certification of the
				computer-tabulated results for that precinct. If the manual count and the
				computer-tabulated results do not agree, the certifying board shall not certify
				the results until the discrepancy has been reconciled.
(17) After the last precinct has been counted
				and the final accuracy test has been conducted, the certifying board shall
				secure all programs, test decks, certified results of accuracy tests, and other
				related material in a metal container, which shall be sealed with a flat metal
				seal in a manner so that the container cannot be opened without breaking the
				seal. Attached to the container shall be a certificate describing the contents
				and on which the number of the seal has been recorded. The certificate shall be
				signed by the members of the certifying board.
(18) The clerk in charge of the election
				shall secure the container containing the programs, test deck, accuracy test
				results, and other related materials, and the original edit listing until 30
				days following the certification of the election if a recount has not been
				requested or until a date prescribed by the secretary of state.
(19) Ballots used at an election may be
				destroyed after 30 days following the final determination of the board of
				canvassers with respect to the election, unless their destruction has been
				stayed by an order of a court or the secretary of state. Ballots shall not be
				released for examination, review, or research unless prior approval is obtained
				by the board of state canvassers.