reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.774 - Preparation of ballots and ballot labels

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) On a
				ballot card used after the effective date of these rules, the words "OFFICIAL
				BALLOT CARD" shall be printed on the face of the detachable stub. The ballot
				card shall have a corner cut on 1 corner.
(2) The following statement shall be printed
				or stamped on the back of the stub on official ballot cards in boldface capital
				letters:
STOP WRONG SIDE TURN CARD OVER
(3) The precinct or absent voter counting
				board number shall be printed, stamped, written, or punched on each ballot card
				used in an election to designate the precinct or county board from which it
				originated.
(4) A combination
				ballot card and write-in ballot to be used in an election shall be approved by
				the board of state canvassers.
(5)
				A ballot envelope to be used in an election shall be approved by the board of
				state canvassers and shall satisfy all of the following requirements:
(a) Be made of paper of a sufficient size,
				weight, and design to preserve the secrecy of the ballot card.
(b) Have an inner pocket into which the
				ballot card may be inserted.
(c)
				Display printed instructions as to the method of inserting the ballot card
				after voting, and if the ballot envelope is to be used for write-ins, shall
				display instructions and space for casting a write-in vote.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.775 - Preparation of voting device

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) The
				clerk or an authorized assistant shall prepare each voting device pursuant to
				the provisions of the act and these rules.
(2) A voting device shall be identified with
				the precinct number in which it shall be used.
(3) A ballot label page used in the voting
				device shall be firmly attached for insertion and positioning in the ballot
				frame. A person shall not attach a ballot label by tape to a rod, or place a
				ballot label into a clear plastic envelope through which a rod is
				inserted.
(4) The ballot label
				assembly shall be inserted and sealed into each voting device so that the
				ballot label assembly cannot be removed without breaking the seal. Seals
				approved by the board of state canvassers shall be used for this
				purpose.
(5) The ballot label of
				each voting device of a precinct shall be compared against the edit listing and
				instruction ballot for the precinct to ascertain that the offices, candidates'
				names, and ballot position numbers are the same and appear in the same
				position.
(6) The ballot labels of
				each device shall be examined to ascertain that holes in the mask appear
				directly opposite each arrow, that other holes do not appear in the mask, and
				that the ballot labels are in proper sequence.
(7) An assembled voting device shall be
				tested to determine if it is operating properly.
(8) The identifying number of the voting
				device and the seal number used to seal the ballot label assembly to the device
				shall be recorded on the certificate in the poll book for the precinct in which
				the device is to be used. The clerk or an authorized assistant who sealed the
				device shall sign the certificate.
(9) When a voting device has been prepared
				for the election, the election commission, the clerk, or an authorized
				assistant shall execute a certificate in writing, which shall be filed with the
				election commission of the jurisdiction in which they are authorized to act.
				The certificate shall contain the precinct number, the identifying number of
				the device, and the number of the seal or seals used to seal the device, and
				state that the ballot labels have been compared against the edit list for that
				precinct and that the candidates' names and ballot numbers agree and appear in
				the same position and that the device has been properly prepared and tested. If
				the certificate is signed by other than the election commission, the election
				commission or its authorized assistant shall be offered an opportunity to
				inspect the voting devices to determine whether they are properly prepared. In
				an election when state and county officers or measures are to be voted for, a
				duplicate certificate shall be filed with the county clerk.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.776 - Preparation of official test deck

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				election commission providing the program or its authorized assistant shall
				prepare a test deck with predetermined results.
(2) The test deck shall consist of ballot
				cards of the same type to be used in the election with the word "TEST" stamped,
				printed, or written on each card.
(3) A document, record, chart, or listing
				shall be prepared indicating the punches recorded in the test ballot card. This
				documentation shall indicate each valid or invalid vote.
(4) In addition to other requirements of the
				act, a ballot card for use in the test deck for a partisan general election
				shall be prepared:
(a) So that each political
				party receives not less than 2 straight ticket votes and so that any 2 parties
				do not receive the same number of straight ticket votes.
(b) So that 2 or more parties receive
				straight ticket votes on 1 ballot.
(c) So that at least 1 of the ballots with a
				straight ticket vote for a party shall be individual punches for candidates of
				the same party, candidates of a different party, candidates for the same office
				of different parties, and nonpartisan candidates and proposals.
(d) In which punches appear in positions
				other than those used for candidates, proposals, or to indicate straight party
				voting.
(e) In which a punch does
				not appear.
(f) In which a punch
				appears in each position where a candidate or proposal appears on the ballot
				label.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.777 - Preliminary accuracy test

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				election commission providing the program or its authorized assistant shall
				conduct a preliminary accuracy test of the computers and programs for all
				precincts prior to the accuracy test.
(2) The preliminary accuracy test shall be
				conducted using the test decks prepared under the direction of the commission.
				For the purpose of this test, the test deck may be reproduced onto standard
				data processing cards.
(3) When an
				errorless count has been made for all precincts, the commission or its
				authorized assistant providing the program shall do all of the following:
(a) Secure the programs, test decks, and
				predetermined results in a metal container, which shall be sealed with a metal
				seal.
(b) Certify that all
				precincts have been tested using the test deck prepared under the direction of
				the commission and that the results agree with the predetermined results of the
				test deck. The certificate shall contain the number of the seal which was used
				to secure the program.
(c) Deliver
				programs, test decks, predetermined results, and the certificate to the clerk
				of the unit of government providing the program.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.778 - Accuracy test

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				commission providing the program shall designate a time and place for an
				accuracy test, which shall be held not less than 5 days before the
				election.
(2) The accuracy test
				shall be conducted by an accuracy board, which shall be the election commission
				supplying the program. A member of the commission may designate a person to
				serve in his or her place on the accuracy board. A member of the commission who
				so designates a person to serve at the accuracy test shall notify the clerk
				before the test. The clerk of the commission or the designated representative
				of the clerk shall be chairperson.
(3) Members of the accuracy board shall be
				present at the accuracy test.
(4)
				The clerk in charge of the program may limit the number of persons who may be
				in the computer room and the duration of their stay in the computer
				room.
(5) The initial testing of
				the computers and programs shall be with the test deck prepared under the
				direction of the commission. The number of precincts to be tested shall be
				determined by the accuracy board. The members of the accuracy board may prepare
				or cause to have prepared additional ballot cards to be included in the test
				deck.
(6) Each program and test
				deck shall be tested on the computer on which it is to be used for the
				election.
(7) After demonstrating
				the accuracy of the programs and computers, the following persons may prepare
				test ballot cards for testing:
(a) A member of
				a board of canvassers which shall certify all or part of the election or a
				designated representative.
(b) The
				county chairperson of each political party appearing on the ballot or a
				designated representative.
(c) A
				candidate whose name appears on the ballot or a designated
				representative.
(d) A
				representative from each group interested in a proposal or measure who has
				informed the commission in writing of that person's intent to participate in
				the testing procedure. The number of cards each eligible person is allowed to
				prepare shall be determined by the accuracy board, except that an eligible
				person shall not be limited to less than 10 cards.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.779 - Preparation and delivery of election supplies

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				clerk of the unit of government providing the voting devices or an authorized
				assistant shall place into a transfer case the ballot cards for each precinct.
				The transfer case shall be secured with a metal seal and contain a certificate
				signed by the clerk or an authorized assistant setting forth the number of
				ballots in the case and that the ballots were counted and sealed by the clerk
				or by an authorized assistant. Ballot cards not issued to a precinct or
				assigned for absentee voting shall be secured and accounted for by the clerk.
				The clerk shall maintain a record of the number of ballot cards and serial
				numbers issued to each precinct. The ballot cards shall be delivered to the
				chairperson or a member of the board of inspectors of the proper
				precinct.
(2) Precinct supplies
				shall include the following items:
(a) An edit
				listing for the precinct.
(b) A
				pencil for each voting device.
(c)
				A set of instructions for operating the precinct on election day.
(d) An envelope labeled "SPOILED BALLOT
				CARDS".
(e) An envelope labeled
				"ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON" if
				the duplication is to be done at the precinct.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.780 - Election inspectors; duties prior to opening of polls

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Voting
				devices shall be used in voting booths or in self-contained voting
				stations.
(2) If voting devices are
				used in self-contained voting stations, the stations shall be arranged so that
				the secrecy of the ballot is not violated.
(3) The election inspectors shall do all of
				the following:
(a) Compare the seal number and
				identifying numbers on the devices with the numbers recorded in the poll
				book.
(b) Compare the names,
				proposals, and ballot position numbers printed on the ballot labels, edit
				listing, and precinct instruction ballot to ascertain that the offices,
				proposals, and candidate names are the same and appear in the same order on
				each.
(c) Verify that the ballot
				label pages are in the proper order.
(d) Check the mask to see that holes only
				appear directly opposite each arrow and that the arrow points directly to the
				hole opposite it.
(e) Place a
				demonstration card into each device and make a punch for each candidate and
				proposal on the ballot. The inspector shall examine the card to see that each
				candidate and proposition received a proper punch.
(f) Verify that there is a pencil provided
				for each device.
(g) Check each
				stylus to see that it is not broken.
(h) Determine that there is adequate
				lighting.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.781 - Conduct of election and manner of voting

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				election inspector having charge of the ballots shall deliver to the voter an
				official ballot card and envelope. The ballot card number shall be entered onto
				the application to vote at the time the card is issued. The name of the voter
				and ballot card number issued shall then be entered into the poll book and the
				voter number entered upon the application to vote.
(2) Upon being issued a ballot card and
				envelope, the voter shall enter a voting station and record his or her
				selections on the ballot card. Before leaving the booth, the voter shall insert
				the ballot card in the ballot envelope with the detachable stub on the outside
				and so that any part of the face of the voting portion of the ballot card is
				not exposed.
(3) The election
				inspector designated to receive the ballot from the voter shall ascertain by
				comparing the number on the ballot card with the number recorded on the poll
				list whether the ballot given to the inspector is the same ballot furnished to
				the voter. If it is the same ballot, the inspector shall remove the detachable
				stub and in the presence of the voter, deposit the ballot into the ballot box.
				If the ballot received is not the same ballot furnished to the voter, the
				ballot shall not be counted and the voter shall not be permitted to vote at the
				election. The ballot shall be marked void with the reason therefor and inserted
				in an envelope and placed in the transfer case. In any event, the ballot shall
				not be deposited with the valid voted ballots.
(4) If a voter is challenged, the election
				inspector shall do all of the following:
(a)
				Record the ballot number appearing on the stub onto the back of the ballot
				envelope.
(b) Cover the number with
				a slip of paper so as to conceal the number.
(c) Issue a ballot to the challenged voter
				who will vote and cast the ballot in the usual manner. If a combination ballot
				card and write-in ballot is used, the ballot number shall be recorded on the
				back of the write-in portion of the ballot and covered in the same manner as
				described in this rule.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.783 - Hanging chads

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) A
				ballot card with a hanging chad shall be processed by not less than 2 election
				inspectors of differing political party preference.
(2) A ballot card with a hanging chad shall
				be processed as follows:
(a) When a chad is
				found attached to the card by 1 or 2 corners, the chad shall be removed by the
				inspector and the ballot card placed with the other ballot cards to be
				tabulated.
(b) When a chad is found
				attached to the card by 3 corners, the number not punched shall be circled on
				the original card. The original ballot card shall then be placed in the
				envelope for "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY
				REASON" and the duplicated ballot card, if made, placed with the other ballot
				cards to be tabulated. A chad hanging by 3 corners may be covered with a piece
				of correction tape instead of being duplicated. The original ballot card, after
				being corrected, shall be placed with the other ballot cards to be
				tabulated.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.784 - Processing write-in ballots

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1)
				Write-in ballots shall be processed by not less than 2 election inspectors of
				differing political party preference.
(2) In processing write-in ballots, the
				election inspectors shall first determine if a voter has recorded a write-in
				vote on the designated place for write-in votes. A write-in vote placed in any
				other space shall not be processed further, except that if there are more
				write-in votes than designated spaces, the voter may place additional write-in
				votes on the ballot envelope or on the combination ballot card and write-in
				ballot.
(3) The election inspectors
				shall next determine if the voter has recorded the following information for a
				write-in vote:
(a) The name of an office to be
				voted on at that election.
(b) The
				name of a candidate for that office.
(c) If a partisan primary, the name of a
				party appearing on the primary ballot.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.785 - Duplication of ballot cards

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) When a
				ballot card is duplicated, the duplication process shall be performed by not
				less than 2 election inspectors of differing political party
				preference.
(2) A duplicate ballot
				card shall be marked "DUPLICATE # __________ ." The number to be recorded on
				the duplicate card shall be the same identifying number recorded on the
				original card by the precinct inspector. The precinct number shall be recorded
				on the duplicate card.
(3) A
				duplicate ballot card shall be compared against the original ballot card to
				ensure that it has been accurately duplicated.
(4) An original ballot card which required
				duplication shall be placed in the envelope marked "ORIGINAL BALLOT CARDS FOR
				WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON" and shall be placed in the
				transfer case for that precinct. The duplicated ballot cards shall be placed
				with the ballot cards to be tabulated.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.786 - Absentee ballots; issuance, processing, and tabulation

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) In a
				community in which electronic voting devices are used and absentee votes are
				cast on regular paper ballots, the absentee ballots shall be counted by absent
				voter counting boards as paper ballots.
(2) In a community in which electronic voting
				devices are used and absentee votes are cast on absent voter ballot cards, the
				absentee ballots may be sent to the proper precinct to be tabulated with the
				precinct ballot cards or to an absent voter counting board to be processed and
				tabulated as separate precincts.
(3) In a community using voting machines,
				absentee votes may be case on absent voter ballot cards. The absentee ballots
				shall be sent to absent voter counting boards to be processed and tabulated as
				separate precincts.
(4) If the
				voter is to vote by means of an absent voter ballot card, the clerk shall
				prepare and issue an absent voter ballot packet consisting of the following:
(a) Absent voter ballot card.
(b) Punching tool.
(c) Absent voter instruction
				ballot.
(d) Ballot envelope for the
				voter to insert the voted portion of the ballot card after voting.
(e) Return envelope as required in section
				761 of the act.
(f) A copy of
				section 758 of the act.
(g) Absent
				voting instructions prescribed by the secretary of state.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.787 - Delegate to county convention

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) When 1
				or more cities or townships uses electronic voting devices, the board of county
				election commissioners may provide for the election of delegates to the county
				convention by means of electronic voting devices.
(2) In communities using electronic voting
				devices, when the names of candidates for the office of delegate have been
				printed on the ballot label, the following shall apply:
(a) The precinct inspectors and, when
				applicable, the absent voter counting board inspectors shall certify and
				forward the counting center certifying board the write-in votes received for
				the office of delegate to the county convention, the party for which each vote
				was cast, the registration status, and street address of each write-in for
				delegate.
(b) The clerk in charge
				of the election shall provide to the certifying board the street addresses of
				those candidates for delegates whose names are printed on the ballot label and,
				upon request, the registration status of a candidate receiving write-in votes
				for the office of delegate to the county convention.
(c) The counting center certifying board
				shall certify the election of delegates to the county convention from the
				computer results and the write-in certifications. The members of the counting
				center certifying board shall be deemed to be precinct inspectors of the
				various election precincts for this purpose.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.788 - Receiving station

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) At the
				option of the clerk in charge of the election, a transfer case may be delivered
				by the precinct inspectors to a receiving station instead of directly to the
				counting center. If a receiving station is used, the clerk shall appoint at
				least 1 receiving board.
(2) The
				clerk in charge of the election shall determine the number of precincts which
				may be received by a receiving station.
(3) Upon receipt of the transfer case from
				the precinct 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 receiving board shall determine whether
				it contains the ballot cards and other required items. A discrepancy in the
				seal number or contents shall be noted and explained in the poll book by the
				precinct inspectors delivering the transfer case.
(4) The 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
				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.
(5) The receiving board shall place the metal
				seal with which the case was originally sealed inside the transfer case and
				reseal the transfer case with an official metal seal. The number of the seal
				used to reseal the transfer case shall be recorded on the transfer case
				identification tag and the receiving station certificate portion of the poll
				book.
(6) The transfer case upon
				resealing shall contain the items required by these rules. Resealing shall be
				done in a manner as to render it impossible to open the case or remove or
				insert ballots without breaking the seal. The transfer case identification tag
				shall be attached to the transfer case by the seal.
(7) The receiving station certificate section
				of the poll book shall read substantially as follows:
RECEIVING STATION CERTIFICATE
We hereby certify that the transfer case, properly sealed,
				  containing ballots for this precinct was received by the receiving board. The
				  seal number agreed with the number recorded in the poll book.
We further certify that after examining the transfer case as
				  to the contents, the original seal was placed inside the transfer case. The
				  transfer case was then resealed with seal number __________ .
(8) The receiving board shall complete and
				sign the certificate.
(9) Not less
				than 2 election inspectors of differing political party preference shall
				transport the transfer cases to the counting center.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.789 - Counting center election inspectors; appointment

Current through Vol. 24-12, July 15, 2024
Rule 19.
(1) If a
				counting center is used, the election commission of a local unit of government
				using that counting center shall appoint not less than 1 receiving board and 1
				certifying board.
(2) If the county
				owns the devices and supplies the program, and when more than 1 local unit of
				government shares a computer center and a mutual agreement exists with the
				county as provided in
				R
				168.772(10), the county election
				commission shall appoint not less than 1 receiving board and 1 certifying
				board. In this case, the county clerk shall be in charge of the counting
				center.
(3) An election commission
				may appoint a separate board for the purpose of examining, processing, and
				duplicating ballot cards. The board shall consist of not less than 2 members of
				differing political party preference.
(4) An election commission in charge of the
				computer counting center may appoint the same persons to the receiving,
				certifying, and other boards.
(5)
				The election commission supplying the program shall appoint a person
				knowledgeable and capable of operating the computer on which the ballots shall
				be tabulated. They may, in addition, appoint another person to observe the
				operation of the computer. These persons shall be considered election
				officials. When more than 1 local unit of government shares a computer and an
				agreement has been made with the county as provided in
				R
				168.772(10), the election commission
				of the county shall make the appointments.
(6) The person who operates the computer used
				for tabulation of ballots shall not be the same person who prepared the
				computer program. This shall not preclude the clerk or the clerk's authorized
				assistant who prepares precinct control cards for use with a specialized
				computer from operating the computer.
(7) A member of a board of canvassers which
				certifies all or part of the election shall not serve on any board established
				under this rule.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.791 - Challengers at counting center

Current through Vol. 24-12, July 15, 2024
Rule 21. Challengers designated pursuant to section 730 of
				  the act may be at the counting center and a receiving station, including 1
				  challenger for each separate receiving, ballot inspection, duplicating, and
				  certifying board and for each computer being used to tabulate the
				  ballots.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.792 - Canvass

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) A board
				of canvassers may, for reasonable cause, require the person who prepared the
				program to appear before the board, to bring documents pertinent to the
				program, and to answer questions relevant to the program.
(2) A board of canvassers may, for reasonable
				cause, require the person having the custody of the program to appear with the
				program before the board. A board of canvassers may conduct a test to determine
				the accuracy of the program.
(3)
				After testing, if it is found that the program which was used to tabulate the
				ballots produced incorrect returns, a board of canvassers may require the
				person who prepared and supplied the program to correct the portions of the
				program found to be in error and submit to it a corrected program to be used to
				retabulate the ballots. In that event, an accuracy test shall be held under the
				direction of the board of canvassers at which time the corrected program shall
				be tested and certified as provided in these rules. The ballots of the
				precincts shall be retabulated using the corrected program in the same manner
				as prescribed in
				R 168.790. A board of canvassers may
				summon the certifying board which originally certified the returns to
				retabulate the ballots and make correct returns. The board of canvassers shall
				canvass the votes from the corrected returns.
(4) When an examination of documents or
				programs is completed or the ballots have been counted or retabulated, they
				shall be returned to the transfer case or containers and shall be sealed and
				delivered to their legal custodian. The number of the seal shall be recorded on
				a certificate to be filed with the clerk of the board of canvassers.
(5) When an election of a local unit of
				government is held at the same time as a county or state election and is to be
				certified by a local board of canvassers, that board shall not proceed under
				this rule until obtaining approval from the board of county
				canvassers.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Use of Optical Scan Tabulators by Absentee Voters › Section R. 168.793 - Recount

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) In a
				recount of a precinct using an electronic voting system, rules promulgated by
				the board of state canvassers for use in recounts shall apply except where
				superseded by these rules.
(2) The
				ballots of a precinct shall be recountable unless any of the following
				conditions occur:
(a) The seal on the transfer
				case is broken or bears a different number than that recorded on the poll book,
				the breaking or discrepancy is unexplained, and security has not been
				preserved.
(b) The number of ballot
				cards and the number of voters shown on the poll list do not conform, and the
				difference cannot be explained to the satisfaction of the board of canvassers
				conducting the recount.
(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 recorded, and the ballot labels or
				rotation of candidate names is different than that shown by the other devices
				in the precinct and records of the election commission.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Procedures › Section R. 168.841 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means Act No. 239 of the Public
				Acts of 1955, as amended, being ¤200.301 et seq. of the Michigan
				Compiled Laws.
(b) "Board" means
				the board of state canvassers.
(c)
				"Bureau" means the bureau of elections of the department of state.
(d) "Chairperson" means the person elected
				chairperson of the board pursuant to section 4 of the Act, being
				¤200.304 of the Michigan Compiled Laws, or the person acting in the
				chairperson's place.
(d) "Hearing"
				means a hearing on the canvass of an initiative or referendum petition held
				pursuant to section 476 of Act No. 116 of the Public Acts of 1954, as amended,
				being ¤168.476 of the Michigan Compiled Laws, or a hearing on the
				canvass of a nominating petition held pursuant to section 552 of Act No. 116 of
				the Public Acts of 1954, as amended, being ¤168.552 of the Michigan
				Compiled Laws.
(e) "Secretary of
				the board" means the director of elections appointed by the secretary of state,
				pursuant to section 32 of Act No. 116 of the Public Act of 1954, as amended,
				being ¤168.32 of the Michigan compiled laws.
(f) Terms defined in the Act have the same
				meanings when used in these rules.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Procedures › Section R. 168.843 - Location and Communications

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Any
				person may request information concerning the board and its procedures by
				contacting the bureau.
(2) The
				bureau shall serve as the offices for the board.
(3) Communications with the office may be
				made between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal
				holidays. All communications to the board shall be directed to the following:
(a) Mailing address: Michigan Department of
				State Board of State Canvassers P.O. Box 20126 Lansing, Michigan
				48909
(b) Location: Mutual
				Building, 4th Floor 208 N. Capitol Avenue Lansing, Michigan
(c) Telephone Number: (517)
				373-2540
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Procedures › Section R. 168.844 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) The
				secretary of the board shall serve notice of any hearing to be held by the
				board by regular mail, telephone, facsimile transmission or other electronic
				means at least 2 days before the date of the hearing. The notice shall include
				the hearing date, time, place and reason for holding the hearing, and shall be
				served on the following persons:
(a) The
				sponsor, and any opponent requesting notice, of an initiative or referendum
				petition; or
(b) A candidate or any
				person challenging the candidate's nominating petition.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Procedures › Section R. 168.845 - Conduct of Public Meetings and Hearings of the Board

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Each
				person wishing to do so shall be provided a reasonable opportunity to address
				the board on an agenda item or one not on the agenda if the person makes a
				request to the board's office before the public meeting or hearing is convened
				or to the chairperson before the conclusion of the public meeting or
				hearing.
(2) A group of 5 or more
				persons wishing to address the board is requested to give advance notice to the
				chairperson of its intention to attend the public meeting or hearing so that an
				effort may be made to provide adequate space.
(3) The chairperson shall do all of the
				following:
(a) Conduct the public
				participation portion of the public meeting or hearing in an orderly and
				decorous manner.
(b) Within the
				time limits available, recognize each person wishing to speak on a
				matter.
(c) Allow for public
				comment on each agenda item.
(d)
				Allocate a specific time on the agenda for general public comments.
(e) Limit the number of persons admitted to
				the meeting or hearing room if necessary to comply with public safety laws and
				regulations.
(f) Temporarily recess
				and promptly reconvene a public meeting or hearing in a larger room if more
				space is necessary.
(g) Impose
				reasonable limitations on the time allotted for public comments.
(h) Inquire as to the interest or interests,
				if any, represented by a person addressing the board at a public meeting or
				hearing.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.901 - Enforcement of rules; decisions subject to appeal

Current through Vol. 24-12, July 15, 2024
Rule 1. The rules and regulations prescribed herein shall be
				  enforced by the board of state canvassers and its representatives to insure the
				  fair, impartial, and uniform conduct of recounts. Decisions of the boards of
				  county canvassers, under these rules and regulations, applicable statutes and
				  court decisions, shall be subject to appeal to the board of state canvassers,
				  as hereinafter set forth.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.902 - Security arrangements

Current through Vol. 24-12, July 15, 2024
Rule 2. Upon the filing of a petition for recount, the board
				  of state canvassers will make arrangements with the state police to provide for
				  security of all ballots, ballot boxes and voting machines used in the election
				  precincts to be recounted until the recount is completed and the results
				  thereof certified by the board of state canvassers. All such ballots, ballot
				  boxes, their keys, voting machines and the keys thereto shall remain in the
				  possession of the city or township clerks charged by law with the custody
				  thereof until requisitioned by the boards of county canvassers as hereinafter
				  provided.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.903 - Time and place of recount

Current through Vol. 24-12, July 15, 2024
Rule 3. The board of state canvassers will publicly announce
				  the time and place for the recount of votes cast in each county affected by
				  such petition for recount. The boards of county canvassers shall arrange for
				  the delivery of the ballots, ballot boxes, ballot box keys, poll lists, tally
				  sheets, statements of returns and such other documents and reports including
				  registration cards as the boards of county canvassers may deem necessary, at
				  the time and place designated for the recount by the board of state canvassers.
				  Voting machines and the keys thereto shall remain in the possession of the
				  officials charged with the security and custody thereof, as above
				  provided.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.904 - Review of rules, regulations, and arrangements prior to recount

Current through Vol. 24-12, July 15, 2024
Rule 4. Prior to commencement of the recount, the board of
				  state canvassers or its representatives and the board of county canvassers or
				  its representatives shall meet for the purpose of reviewing these rules and
				  regulations and the arrangements made or to be made by the board of county
				  canvassers for the proper conduct of the recount as herein
				  provided.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.905 - Meeting between state board and county board

Current through Vol. 24-12, July 15, 2024
Rule 5. At the time and place designated for the commencement
				  of the recount in each county, the board of county canvassers therefor shall
				  meet with the board of state canvassers or its representatives for the purpose
				  of commencing the recount.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.906 - Court reporter or stenographer

Current through Vol. 24-12, July 15, 2024
Rule 6. The boards of county canvassers shall provide a court
				  reporter or a competent stenographer who shall be present at all times during
				  the recount and who shall make a stenographic record of the proceeding as
				  hereinafter provided.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › Section R. 168.906a - Order of counting precincts

Current through Vol. 24-12, July 15, 2024
Rule 6a. Paper ballot precincts within a county shall be
				  counted first unless otherwise specifically provided by the board of state
				  canvassers. Precincts shall be counted in the order which will result in the
				  most expeditious conduct of the recount without regard for who requested the
				  counting of a particular precinct.
VOTING MACHINES
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.907 - Persons present at recount; procedure

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1)
				  Representatives of the board of county canvassers and of the board of state
				  canvassers together with 1 recount clerk, 2 tally clerks and a court reporter
				  or competent stenographer as above provided, and not more than 2
				  representatives and an attorney of each candidate for the office or offices the
				  votes for which are being recounted and of each of the petitioners in the case
				  of a recount of a proposition shall be present during the opening and recount
				  of each such voting machine. Prior to the opening of the counter compartment of
				  any of the automatic machines or the unsealing of the rear door on any of the
				  Shoup machines used in a precinct, a representative of the board of county
				  canvassers shall dictate for the record, any part of which may be on forms
				  prepared by the board of state canvassers, the following:
(a) The precinct in which the voting machines
				  were used.
(b) Any unusual
				  conditions relative to any of the voting machines.
(c) The identification numbers on each voting
				  machine.
(d) The seal number on
				  each of the voting machines.
(e)
				  The condition of the seal on each of the voting machines.
(f) The numbers recorded on the public and
				  protective counters of each voting machine.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.908 - Machine not to be recounted; conditions

Current through Vol. 24-12, July 15, 2024
Rule 8. If a voting machine is not locked and sealed in
					 such manner as to render it impossible to vote on the machine or to otherwise
					 change the totals appearing on the individual candidate or proposition
					 counters, or if the seal contains a number other than the number recorded by
					 the inspectors on their returns, that voting machine shall not be recounted and
					 the original return of the inspectors of election for that machine shall be
					 taken as correct.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.909 - Machine not to be recounted; additional condition

Current through Vol. 24-12, July 15, 2024
Rule 9. If the number appearing on the protective counter
					 of a machine at the time of the recount does not equal the total of:
(a) The number appearing on the protective
				  counter at the opening of the polls as shown by the certificate of election
				  inspectors, and
(b) The number
				  appearing on the public counter at the close of the polls, as shown on the
				  certificate of election inspectors, the voting machine shall not be recounted
				  and the original return of the inspectors of election shall be taken as
				  correct.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.909a - Machine not to be recounted; additional condition

Current through Vol. 24-12, July 15, 2024
Rule 9a. If the sum of the numbers appearing on the public
					 counters of all machines used in a precinct is in excess of the total
					 of:
(a) The number of voters who voted
				  in the precinct as shown by the poll book, and
(b) The number of times the machine was
				  operated by the inspectors and custodians, as shown by the record of the
				  election inspectors, the returns for that precinct as made by the election
				  inspectors shall be deemed correct and no machines shall be recounted in that
				  precinct.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.910 - Opening or unsealing machine subject to recount

Current through Vol. 24-12, July 15, 2024
Rule 10. If 1 or more voting machines in a precinct is
					 subject to recount, these voting machines shall be opened and if necessary
					 unsealed. A representative of the board of county canvassers shall enter into
					 the record the name and position of the person opening or unsealing the
					 machines, a description of any unusual conditions relating to any of the
					 machines and a description of their contents. The recount clerk shall read and
					 announce in a distinct voice the name and number, if any, of each candidate for
					 the office involved in the recount and the number of votes shown on the
					 individual candidate counters for each candidate, and shall, in like manner,
					 read and announce the vote on each proposition involved in the recount. The
					 votes so called shall be recorded simultaneously by the 2 tally clerks on
					 proper forms provided for that purpose and shall then be called back from the
					 tally sheets by one of the tally clerks and verified on the voting machine by
					 the other tally clerk. The count as shown by the inspectors' returns shall be
					 used for those machines not subject to recount.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.911 - Recounting absent voters' ballots

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				  Absent voters' ballots shall be recounted in the manner hereafter described for
				  counting paper ballots.
(2) Absent
				  voters' ballots in original sealed envelopes shall be counted as the same
				  should have been voted if the recount board determines they are eligible for
				  voting.
(3) Absent voters' ballots
				  which have been voted shall be recounted to determine whether the ballots were
				  validly marked.
(4) Validly marked
				  ballots found not to have been voted shall be counted as the same should have
				  been voted.
(5) Invalidly marked
				  ballots found to have been voted shall be rejected.
(6) Appropriate additions and deductions
				  shall be made to or from the precinct count.
(7) Unless clearly shown to the contrary, the
				  presumption of regularity of action by precinct inspectors shall obtain. To
				  determine facts required for decision of issues under this rule, precinct
				  inspectors may, if necessary, be called and sworn to give evidence.
(8) In communities using absent voter
				  counting precincts, absent voter ballots shall be recounted as provided in the
				  rules for paper ballots.
Michigan Administrative Code › Department - State › Elections & Campaign Finance › Conduct of Election Recounts › VOTING MACHINES › Section R. 168.912 - Opportunity to observe reading of counters

Current through Vol. 24-12, July 15, 2024
Rule 12. The representatives of each interested party shall
					 be afforded an opportunity to observe the reading of the individual candidates
					 or proposition counters and each absent voter's ballot, if any, as the votes
					 are called and to make such notations on their private records as they may
					 desire.