Election Reform Plan

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 24a. (1) A Except as otherwise provided in this subsection, a 4-member board of county canvassers is established in every county in this state. Beginning January 1, 2022, each existing board of county canvassers in a county with a population of 200,000 or more is abolished and replaced as follows:
     (a) For a county with a population of 200,000 or more but less than 750,000, a 6-member board of county canvassers is established.
     (b) For a county with a population of 750,000 or more, an 8-member board of county canvassers is established.
     (2) All of the powers granted to and duties required by law to be performed by all boards of canvassers established by law, other than the board of state canvassers, are granted to and required to be performed by the board of county canvassers.

     (3) (2) The board of county canvassers shall conduct all recounts of elections in cities, townships, villages, school districts, metropolitan districts, or any other districts and be vested with all of the powers and required to perform all the duties in connection with any recount.
     (4) (3) If a city, village, metropolitan district, or any other district, other than a school district, lies in more than 1 county, and a duty is to be performed by the board of county canvassers, the board of county canvassers in the county in which the greatest number of registered voters of the city, village, metropolitan district or other district resides at the close of registration for the election involved shall perform the duty.
     (5) (4) Except as otherwise provided in this subsection, if a school district lies in more than 1 county, the board of county canvassers for each county in which a portion of the school district lies shall canvass that portion of a school district election that is held in that county. If a school district election precinct lies in more than 1 county, the board of county canvassers of the county in which the largest number of registered electors of that precinct reside shall canvass the results of that precinct. Notwithstanding the provisions of the preceding 2 sentences, unless the school district election is conducted on the same date as another election in the county, a board of county canvassers that is not responsible for certifying the results of the school district election is not required to meet to canvass the school district election and the board of county canvassers responsible for certifying the results of the school district election shall canvass that portion of the school district election held in that county. Upon completion of the canvass, the clerk of the board of county canvassers shall transmit the canvassed results to the county clerk of the county in which the largest number of registered electors of that school district reside. Upon receipt of the canvassed results, the county clerk of the county in which the largest number of registered electors of that school district reside shall make a statement of returns and certify the results of the school district election to the secretary of the school board. Notwithstanding any of the foregoing provisions of this subsection, if a city or village that lies in more than 1 county conducts an election on the same date as a school district that lies within the city or village that is conducting an election, that portion of the school district election held within that city or village shall be canvassed by the canvassing board responsible for canvassing the city or village election.
     (6) (5) The cost of canvass of school, metropolitan district, city, township, and village elections shall be borne by the school district, metropolitan district, city, township, or village holding the election, and upon presentation of a bill for the costs incurred by the board of county canvassers, the school district, metropolitan district, city, township, or village shall reimburse the county treasurer.
     (7) (6) All boards of canvassers provided for in law including boards of school canvassers, the duties of which are by this act required to be performed by boards of county canvassers, are abolished.
     (8) (7) Members Except as otherwise provided in this subsection and subsections (9) and (10), members of the board of county canvassers shall be appointed for terms of 4 years beginning on November 1 following their appointment. Of the members first appointed, 1 member of each of the political parties represented on the board of county canvassers shall be appointed for a term of 4 years and 1 member of each of the political parties represented on the board of county canvassers shall be appointed for a term of 2 years. The county clerk shall notify members of the board of county canvassers of their appointment within 5 days of after being appointed.
     (9) Except as otherwise provided in this subsection, members of a 6-member board of county canvassers established under subsection (1)(a) shall be appointed for terms of 4 years beginning on January 1, 2022 following their appointment. Of the members first appointed, 2 members of each of the political parties represented on the board of county canvassers shall be appointed for a term of 4 years and 1 member of each of the political parties represented on the board of county canvassers shall be appointed for a term of 2 years. The county clerk shall notify members of the board of county canvassers of their appointment within 5 days after the members are appointed.
     (10) Except as otherwise provided in this subsection, members of an 8-member board of county canvassers established under subsection (1)(b) shall be appointed for terms of 4 years beginning on January 1, 2022 following their appointment. Of the members first appointed, 2 members of each of the political parties represented on the board of county canvassers shall be appointed for a term of 4 years and 2 members of each of the political parties represented on the board of county canvassers shall be appointed for a term of 2 years. The county clerk shall notify members of the board of county canvassers of their appointment within 5 days after the members are appointed.
     (11) (8) This section applies to all elections, any charter provision to the contrary notwithstanding.
     Sec. 24c. (1) Selection of the members of the board of county canvassers shall be made from each of the 2 political parties casting the greatest number of votes for secretary of state at the preceding general November election in that county. A For a 4- member board of county canvassers, a political party shall not be represented by more than 2 members on the board of county canvassers at any 1 time. For a 6-member board of county canvassers, a political party shall not be represented by more than 3 members on the board of county canvassers at any 1 time. For an 8-member board of county canvassers, a political party shall not be represented by more than 4 members on the board of county canvassers at any 1 time.
     (2) The county committee of each political party, not later than September 1, 1963 and not later than September 1 of each odd numbered year thereafter, shall submit to the county clerk the names of 3 interested persons individuals for each position to which the party is entitled. In a county having 2 or more congressional districts within its boundaries, the chairpersons of the congressional district committees shall act as the county committee for the purposes of this section and section 24d and shall select 1 of their number to act as chairperson for these purposes.
     (3) The county board of commissioners, within 10 days after convening for their annual meeting, shall elect by ballot to each position 1 of the 3 nominees for the position, and the board shall appoint the person individual to the position. Before electing a nominee to the board of county canvassers under this subsection, the county board of commissioners may request that a nominee provide any of the following in order to determine whether the nominee is qualified for and interested in the position on the board of county canvassers:
     (a) A letter signed by the nominee indicating an interest in serving on the board of county canvassers and indicating an intent to discharge the duties of the position on the board of county canvassers to the best of his or her ability.
     (b) Prior election experience including canvassing elections.      (c) Information on whether the nominee has been convicted of a felony or election crime.
     (4) Failure of the county board of commissioners to appoint 1 of the nominees for a position on the board of county canvassers within 10 days after convening for their annual meeting shall result in a vacancy existing in the position. , which shall The vacancy must be filled as provided in section 24d for the filling of vacancies on the board of county canvassers.
     Sec. 24e. (1) The board of county canvassers shall meet as necessary to transact their business, and during the month of January in each even numbered year elect 1 of their members chairperson and 1 as vice-chairperson. Any For a 4-member board of county canvassers, any 3 members constitute a quorum, but no action becomes effective unless 1 member from each political party represented concurs in the action. For a 6-member board of county canvassers, any 4 members constitute a quorum, but no action becomes effective unless 2 members from each political party represented concur in the action. For an 8-member board of county canvassers, any 5 members constitute a quorum, but no action becomes effective unless 2 members from each political party represented concur in the action. When canvassing the returns of votes as provided in section 822, at least 1 member from each political party represented must be present during the entire canvassing of returns.
     (2) The county clerk is the clerk of the board of county canvassers. The Subject to this subsection, the county clerk may employ any assistants as are necessary to adequately perform the duties of the board of county canvassers. The board of county canvassers must approve the hiring of each assistant the clerk employs before that assistant is hired. An assistant must not be hired unless approved by the board of county canvassers and 1 member from each political party represented approves the hiring. The payment for the assistants must be in amounts authorized by the county clerk and must be paid from an appropriation made for that purpose by the county board of commissioners before the canvass.
     Sec. 24k. (1) An absent voter ballot secrecy envelope container includes a ballot bag, box, transfer case, or other container used to store and secure absent voter ballot secrecy envelopes.
     (2) A manufacturer or distributor of an absent voter ballot secrecy envelope container shall submit an absent voter ballot secrecy envelope container to the secretary of state for approval under the requirements of subsection (3) before the container is sold to a city or township for use at an election.
     (3) The secretary of state shall not approve an absent voter ballot secrecy envelope container unless the container meets both of the following requirements:
     (a) The container is made of metal, plastic, fiberglass, or other material, that provides resistance to tampering.
     (b) The container is capable of being sealed.
     (4) Before October 15, 2020, Not later than 15 days before each August primary election held in an even numbered year, each board of county canvassers shall examine the absent voter ballot secrecy envelope containers to be used at the November 3, 2020 that August primary election or at the general November election that follows that August primary election conducted under this act. The board of county canvassers shall designate on the absent voter ballot secrecy envelope container that the absent voter ballot secrecy envelope container does or does not meet the requirements under subsection (3). An absent voter ballot secrecy envelope container that is not approved by a board of county canvassers must not be used to store and secure any absent voter ballot secrecy envelopes.

     (5) A city or township clerk may procure, at the expense of the respective city or township, absent voter ballot secrecy envelope containers that are approved under this section, or may use a ballot container approved under section 24j, to store and secure any absent voter ballot secrecy envelopes.
     (6) A city or township clerk who does not use 1 of the following, or permits the use of a container other than 1 of the following, to store and secure any absent voter ballot secrecy envelopes is guilty of a misdemeanor:
     (a) An absent voter ballot secrecy envelope container approved under this section.
     (b) A ballot container approved under section 24j.
     (7) This section does not apply after December 31, 2020.
     Sec. 31. (1) The secretary of state shall do all of the following:
     (a) Subject to subsection (2), 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 must 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 the clerks to be used in the compilation of the legislative manual.

(k) Establish a continuing election education program for all county, city, township, and village clerks.

(l) 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.

(m) Establish a comprehensive training curriculum for all precinct inspectors. The training curriculum under this subdivision must include, but not be limited to, both of the following:

(i) Information on the rights of election challengers to conduct their activities in accordance with section 733, and that any violation of those rights is a felony.

(ii) Information on the badge requirement for election inspectors as provided in section 672a, and that any violation of the badge requirement by an election inspector is a misdemeanor.

(n) Create an election day dispute resolution team that has regional representatives of the department of state, which team shall must appear on site, if necessary.

(o) Establish and require signature verification training for all county, city, and township clerks and for all precinct inspectors that complies with the rules promulgated by the secretary of state under subsection (3) for an objective signature verification process.

(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 Subject to subsection (3), 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 an objective signature verification process that is to be used in training all county, city, and township clerks and all precinct inspectors as required under subsection (1)(o). The objective signature verification process must not include a presumption regarding the validity of any signature that is to be verified.

Sec. 31a. (1) In order to ensure compliance with the provisions of this act, after each election the secretary of state may audit election precincts.
     (2) The Subject to subsections (3) and (4), the secretary of state shall prescribe the procedures for election audits that include reviewing the documents, ballots, and procedures used during an election as required in section 4 of article II of the state constitution of 1963. The secretary of state and county clerks shall conduct election audits, including statewide election audits, as set forth in the prescribed procedures. The secretary of state shall train and certify county clerks and their staffs for the purpose of conducting election audits of precincts randomly selected by the secretary of state in their counties. An election audit must include an audit of the results of at least 1 race in each precinct selected for an audit. A statewide election audit must include an audit of the results of at least 1 statewide race or statewide ballot question in a precinct selected for an audit. An audit conducted under this section is not a recount and does not change any certified election results. The secretary of state shall supervise each county clerk in the performance of election audits conducted under this section.
     (3) Not less than 5 days before the date of an election audit under this section, the appropriate city or township board of election commissioners where each precinct to be audited is located must appoint 2 election inspectors, 1 from each major political party, for the efficient, speedy, and proper conduct of the election audit. The board of election commissioners must appoint the election inspectors as provided in section 674. In addition, each election inspector appointed must meet the qualifications as provided in section 677.
     (4) At each precinct randomly selected for an election audit under subsection (2), each political party may designate 2 observers to monitor the proceedings of the election audit in person at the location where the election audit for that precinct is being conducted. In addition, the secretary of state shall provide live video streaming of the election audit in each precinct on the secretary of state's website.
     (5) At each precinct randomly selected for an election audit under subsection (2), individuals from each political party may attend and observe the election audit proceedings and those individuals are authorized to bring their own video recording devices to record the election audit proceedings. An individual who attends, observes, or records the election audit proceedings must not interfere with or disrupt the election audit. An individual who interferes with or disrupts the election audit is subject to removal from the location where the election audit is being conducted. However, the sole act of recording the election audit proceedings does not constitute sufficient grounds to remove an individual from the location where the election audit is being conducted.

(6) (3) Each county clerk who conducts an election audit under this section shall provide the results of the election audit to the secretary of state within 20 days after the election audit.
     Sec. 31b. Not later than July 1 of each odd numbered year, and not later than March 1 and July 1 of each even numbered year, the secretary of state shall provide a report to the legislature detailing each contract the secretary of state entered into with an entity for an election related activity or service.

Sec. 201. The board of county canvassers shall determine which candidates for the offices named in section 191 of this act received the greatest number of votes and shall declare such those candidates to be duly elected. The said board of county canvassers shall forthwith immediately make and subscribe on its statement of returns a certificate of such determination and deliver same that certificate to the county clerk within 14 21 days following the date of the election.
     Sec. 307. (1) The appropriate board of county canvassers as prescribed in section 24a shall canvass the votes for candidates for school board member and votes for and against a ballot question at a regular or special election in each school district. That number of candidates equal to the number of individuals to be elected who receive the greatest number of votes cast at the election, as set forth in the report of the board of county canvassers canvassing the votes, based upon the returns from the election precincts or as determined by the board of county canvassers as a result of a recount, are elected to the office of school board member. Except as otherwise provided in section 24a(4), 24a(5), upon completion of the canvass, the board of county canvassers shall make a statement of returns and certify the election of school board members to the secretary of the school board, the county clerk, and, if other than the county clerk, the school district election coordinator.
     (2) The votes cast for a candidate for school board member or on a ballot question submitted to the electors at a school election are subject to recount as provided in chapter XXXIII. An individual elected to the office of school board member is subject to recall as provided in chapter XXXVI and in section 8 of article II of the state constitution of 1963.
     Sec. 471. Petitions under section 2 of article XII of the state constitution of 1963 proposing an amendment to the constitution must be filed with the secretary of state at least 120 days before the election at which the proposed amendment is to be voted upon. Initiative petitions under section 9 of article II of the state constitution of 1963 must be filed with the secretary of state at least 160 200 days before the election at which the proposed law would appear on the ballot if the legislature rejects or fails to enact the proposed law. Referendum petitions under section 9 of article II of the state constitution of 1963 must be filed with the secretary of state not more than 90 days following the final adjournment of the legislative session at which the law that is the subject of the referendum was enacted. Not more than 15% of the signatures to be used to determine the validity of a petition described in this section shall be of registered electors from any 1 congressional district. Any signature submitted on a petition above the limit described in this section must not be counted. When filing a petition described in this section with the secretary of state, a person must sort the petition so that the petition signatures are categorized by congressional district. In addition, when filing a petition described in this section with the secretary of state, the person who files the petition must state in writing a good-faith estimate of the number of petition signatures from each congressional district.
     Sec. 477. (1) Except as otherwise provided in this subsection, the board of state canvassers shall make an official declaration of the sufficiency or insufficiency of a petition under this chapter at least 2 months before the election at which the proposal is to be submitted. The Subject to subsection (3), the board of state canvassers shall make an official declaration of the sufficiency or insufficiency of an initiative petition no later than 100 days before the election at which the proposal is to be submitted. The board of state canvassers may not count toward the sufficiency of a petition described in this section any valid signature of a registered elector from a congressional district submitted on that petition that is above the 15% limit described in section 471. If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal as approved by the board of state canvassers to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section must be without expense or cost to this state.
     (2) For the purposes of the second paragraph of section 9 of article II of the state constitution of 1963, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition. The board of state canvassers shall complete the canvass of a referendum petition within 60 days after the petition is filed with the secretary of state, except that 1 15-day extension may be granted by the secretary of state if necessary to complete the canvass.
     (3) The board of state canvassers shall complete the canvass of an initiative petition within 100 days after the petition is filed with the secretary of state. If the board of state canvassers declares that an initiative petition is sufficient, the initiative petition must be immediately forwarded to the legislature for consideration.

Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file. The qualified voter file is the official file for the conduct of all elections held in this state. The secretary of state may direct that all or any part of the city or township voter registration files must be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file.
     (2) Notwithstanding any other provision of law to the contrary, an individual who appears to vote in an election and whose name appears in the qualified voter file for that city, township, or school district is considered a registered voter of that city, township, or school district under this act.
     (3) The secretary of state, a designated voter registration agency, or a county, city, or township clerk shall not place a name of an individual into the qualified voter file unless that individual signs an application as prescribed in section 509r(3). The secretary of state or a designated voter registration agency shall not allow an individual to indicate a different address than the address in either the secretary of state's or designated voter registration agency's files to be placed in the qualified voter file.
     (4) The secretary of state shall develop and utilize a process by which information obtained through the United States Social Security Administration's death master file that is used to cancel an operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, of a deceased resident of this state is also used at least once a month to update the qualified voter file to cancel the voter registration of any elector determined to be deceased. The secretary of state shall make the canceled voter registration information under this subsection available to the clerk of each county, city, or township to assist with the clerk's obligations under section 510.
     (5) Subject to this subsection, the secretary of state shall participate with other states in 1 or more recognized multistate programs or services, if available, to assist in the verification of the current residence and voter registration status of electors. The secretary of state shall not participate in any recognized multistate program or service described in this subsection that requires this state to promote or adopt legislation as a condition of participation in that program or service. In addition, the secretary of state shall not participate in any recognized multistate program or service described in this subsection if the secretary of state determines that data of that program or service are not being adequately secured or protected. The
     (6) Not later than March 1 of each year, the secretary of state shall request information from each recognized multistate program or service that the secretary of state is participating with under subsection (5) to verify the current residence and voter registration status of electors. Not later than 60 days after receiving information from a recognized multistate program or service under this subsection, the secretary of state shall follow the procedures under section 509aa(5) with regard to, any at a minimum, 95% of the electors affected by information obtained through any multistate program or service. Not later than 10 business days after the 60-day deadline under this subsection, the secretary of state shall provide a written report to the house and senate committees dealing with elections regarding the secretary of state's compliance with the requirements under this subsection. If the secretary of state has not complied with the requirements under this subsection, the secretary of state shall provide in the written report to the house and senate committees dealing with elections the time frame in which the secretary of state will be in compliance with the requirements of this subsection.
     (7) In addition to the requirements under subsections (5) and (6), not later than 120 days before each general November election, the secretary of state shall request information from each recognized multistate program or service that the secretary of state is participating with under subsection (5) to update data identifying any electors who may have cast improper votes at the preceding general November election. Not later than 30 days after receiving information under this subsection from a recognized multistate program or service, the secretary of state shall commence an investigation into each possible improper vote at the preceding general November election.
     (8) Not later than August 1 of each year, the secretary of state shall post on the department of state's website all of the following:
     (a) Pursuant to subsection (6), the total number of electors who the secretary of state mailed a notice under section 509aa(5).
     (b) Pursuant to subsections (4) and (6), the total number of each of the following:
     (i) Electors who changed residence and moved out-of-state.
     (ii) Electors who changed residence and moved in-state.
     (iii) In-state duplicate voter registration cards.
     (iv) Electors who are determined to be deceased.
     (c) The total number of electors who corrected their voter registration records within 90 days after being mailed a notice by the secretary of state under section 509aa(5).
     (d) The date the secretary of state notified 95% of the electors affected by information obtained through any recognized multistate program or service.
     (e) The date the secretary of state notified 100% of the electors affected by information obtained through any recognized multistate program or service.
     (f) The results of those investigations commenced by the secretary of state under subsection (7) concerning any possible improper votes cast by an elector at the preceding general November election. Subject to this subdivision, the results under this subdivision must include, but not be limited to, the total number of electors initially identified as having cast an improper vote and the total number of electors confirmed to have cast an improper vote. The results under this subdivision must not include the name of any elector or any personal identifying information for that elector.

Sec. 509r. (1) The secretary of state shall establish and maintain the computer system and programs necessary to the operation of the qualified voter file. The secretary of state shall allow each county, city, or township access to the qualified voter file. The county, city, and township clerks shall verify the accuracy of the names and addresses of registered electors in the qualified voter file. Only the secretary of state, a designated voter registration agency, or a county, city, or township clerk shall have access to the qualified voter file.
     (2) Subject to subsection (3), the secretary of state and county, city, and township clerks shall compile the qualified voter file that consists of all qualified electors from the following sources and in the following priority:
     (a) A driver license or, if there is no driver license, a state personal identification card, including renewals and changes of address with the department of state.
     (b) An application for benefits or services, including renewals and changes of address, taken by a designated voter registration agency.
     (c) An application to register to vote taken by a county, city, or township clerk.
     (3) An individual whose name does not otherwise appear in the qualified voter file must be placed in the qualified voter file only if the individual signs under penalty of perjury an application that contains an attestation that the applicant meets all of the following requirements:
     (a) Is 17-1/2 years of age or older.
     (b) Is a citizen of the United States and this state.
     (c) Is a resident of the city or township where the individual's street address is located.
     (4) A designated voter registration agency or a county, city, township, or village clerk shall not add to, delete from, or change any information contained in the qualified voter file during the period beginning on the seventh day before an election and ending on the day of the election.
     (5) The secretary of state shall create an inactive voter file.
     (6) If an elector is sent a notice under section 509aa to confirm the elector's residence information or if an elector does not vote for 6 consecutive years, the secretary of state shall place the registration record of that elector in the inactive voter file. The registration record of that elector must remain in the inactive voter file until 1 of the following occurs:
     (a) The elector votes at an election.
     (b) The elector responds to a notice sent under section 509aa.
     (c) Another voter registration transaction involving that elector occurs.
     (7) While the registration record of an elector is in the inactive voter file, the elector remains eligible to vote and his or her name must appear on the precinct voter registration list.
     (8) If the registration record of an elector is in the inactive voter file because the elector was sent a notice under section 509aa to confirm the elector's residence information and that elector votes at an election by absent voter ballot, that absent voter ballot must be marked in the same manner as a challenged ballot as provided in section 727.
     Sec. 509hh. (1) The secretary of state may shall capture or reproduce the signature of an elector from a voter registration application or pursuant to section 307 of the Michigan vehicle code, 1949 PA 300, MC 257.307, and transmit the signature to the qualified voter file pursuant to section 509q.

(2) The county, city, or township clerk may shall capture or reproduce the signature of an elector from a voter registration application and transmit the signature to the qualified voter file pursuant to section 509q.
     (2) The county, city, or township clerk may shall capture or reproduce the signature of an elector from a voter registration application and transmit the signature to the qualified voter file pursuant to section 509q.

Sec. 510. (1) At least once a month, every 2 weeks, the county clerk shall forward send by email a list of the last known address and birth date of all persons individuals over 18 years of age who have died within in the county to the clerk of each city or township within in the county. The city or township clerk shall compare this list with the voter registration records in that city or township, and with the voter registration records flagged by the county clerk in the qualified voter file, and cancel the voter registration of all deceased electors.
     (2) Each county clerk is authorized to access the qualified voter file to flag, but not remove, the voter registration record of any deceased elector in his or her county.
     (3) Each county clerk shall do all of the following:
     (a) Subject to subdivision (b), at least once every 2 weeks, and more often if necessary, use the list described in subsection (1) and the information provided by the secretary of state under section 509o(4) to flag in the qualified voter file the voter registration record of any deceased elector in the county.
     (b) At least once a week, and more often if necessary, during the 45 days before a regular election date as provided in section 641(1), use the list described in subsection (1) and the information provided by the secretary of state under section 509o(4) to flag in the qualified voter file the voter registration record of any deceased elector in the county.
     (c) Subject to subdivision (d), at least once every 2 weeks, and more often if necessary, if the county clerk receives the death certificate of an individual who is a resident of another county, the county clerk shall send by mail that death certificate to the proper county clerk so that the proper county clerk can flag in the qualified voter file the voter registration record of that individual if he or she is a registered elector.
     (d) At least once a week, and more often if necessary, during the 45 days before a regular election date as provided in section 641(1), if the county clerk receives the death certificate of an individual who is a resident of another county, the county clerk shall send by email that death certificate to the proper county clerk so that the proper county clerk can flag in the qualified voter file the voter registration record of that individual if he or she is a registered elector.
     (e) Keep records of the total number of voter registration records that the county clerk flags in the qualified voter file under subdivisions (a) and (b) and post those numbers each month on the county website. The posting of the total number of voter registration records flagged each month in the qualified voter file must not include the name or any identifying information of an elector, and must be broken down to show the total number of electors from each city and township in that county whose voter registration records were flagged by the county clerk in the qualified voter file.
     (f) Keep records of the total number of death certificates sent by email to another county clerk under subdivisions (c) and (d) and post those numbers each month on the county website. The posting of the total number of death certificates sent by email to another county clerk must not include the name or any identifying information of an individual.
     (4) At least once a month, the secretary of state shall do both of the following:
     (a) Collect all of the information concerning flagged voter registration records posted on each county website under subsection (3)(e).
     (b) Post on the department of state website all of the following:
     (i) The total number of voter registration records flagged by county clerks in this state.
     (ii) The total number of voter registration records flagged by county clerks broken down by county.
     (iii) The total number of voter registration records flagged by county clerks broken down by city and township.

Sec. 523. (1) Except as otherwise provided in subsection (2), at <At each election, before being given a ballot, each registered elector offering to vote must identify himself or herself by presenting identification for election purposes, and by executing an application, on a form prescribed by the secretary of state, in the presence of an election official that includes all of the following:
     (a) The name of the elector.
     (b) The elector's address of residence.
     (c) The elector's date of birth.
     (d) An affirmative statement by the elector that is included in the signature statement indicating that he or she is a citizen of the United States.
     (e) The elector's signature or mark.
     (2) If an elector's signature contained in the qualified voter file is available in the polling place, the The election official shall compare the elector's signature upon on the application with the digitized signature provided by the qualified voter file. If an elector's signature is not contained in the qualified voter file, the election official shall process the application in the same manner as applications are processed when a voter registration list is used in the polling place. If voter registration lists are used in the precinct, the election inspector shall determine if the name on the application to vote appears on the voter registration list. If the name appears on the voter registration list, the elector shall provide further identification or other information stated upon the voter registration list. If the signature or an item of information does not correspond, the vote of the person must be challenged, and the same procedure must be followed as provided in this act for the challenging of an elector. individual is subject to challenge as provided in section 727. If the elector does not have identification for election purposes as required under this section, the individual shall sign an affidavit to that effect before an election inspector and be allowed to vote as otherwise provided in this act. However, an elector being allowed to vote without identification for election purposes as required under this section is subject to challenge as provided in section 727.must be issued a provisional ballot that is processed according to section 523a(5).

(3) If, upon ona comparison of the signature or other identification as required in this section, it is found that the applicant is entitled to vote, the election officer having charge of the registration list shall approve the application and write his or her initials on the application, after which the number on the ballot issued must be noted on the application. The application serves as 1 of the 2 poll lists required to be kept as a record of a person an individual who has voted. The application must be filed with the township, city, or village, clerk. If voter registration cards are used in the precinct, the date of the election must be noted by 1 of the election officials upon the precinct registration card of each elector voting at an election. If voter registration lists are used in the precinct, the election official shall clearly indicate uponon the list each elector voting at that election. The clerk of a city, village, or township shall must maintain a record of voting participation for each registered elector.
     Sec. 523a. (1) If an individual who has applied to register to vote on or before election day appears at a polling place on election day and completes an application under section 523 is not listed on the voter registration list, the election inspector shall issue a ballot to the individual as follows:
     (a) For an individual who presents a receipt issued by a department of state office, a designated voter registration agency, or the elector's county, city, or township clerk's office verifying the acceptance of a voter registration application and completes a new voter registration application, the election inspector shall allow the individual to vote a ballot in the same manner as an elector whose name is listed on the voter registration list.
     (b) For an individual who does not present a receipt verifying the acceptance of a voter registration application under subdivision (a), the election inspector shall determine whether the individual is in the appropriate polling place based on residence information provided by the individual. The election inspector shall review any documents or maps in the polling place or communicate with the city or township clerk to verify the appropriate polling place for the individual. The election inspector shall direct an individual who is not in the appropriate polling place to the appropriate polling place. If the individual refuses to go to the appropriate polling place, the election inspector shall issue the individual a provisional ballot that is processed according to subsection (5).
     (2) Except for an individual who produces a receipt under subsection (1)(a), the election inspector shall require an individual who is not listed on the voter registration list to execute a sworn statement affirming that the individual submitted a voter registration application on or before election day and is eligible to vote in the election. An individual who provides false information in a signed sworn statement under this subsection is guilty of perjury. An individual signing a sworn statement shall complete a new voter registration application. The individual shall state the approximate date and in what manner the registration application was submitted:
     (a) To a department of state office.
     (b) To a designated voter registration agency.
     (c) To the office of his or her county, city, or township clerk.
     (d) By a mailed application.
     (3) The election inspector shall contact the city or township clerk to verify whether the individual who signed the sworn statement under subsection (2) is listed in the registration records of the jurisdiction or whether there is any information contrary to the content of the sworn statement.
     (4) If the city or township clerk verifies the elector information and finds no information contrary to the information provided by the individual in the sworn statement and the individual presents identification for election purposes that contains a current residence address to establish his or her identity and residence address, the individual is permitted to vote a provisional ballot that is tabulated on election day in the same manner as an elector whose name is listed on the voter registration list, except that the election inspectors shall process the ballot as a challenged ballot under sections 745 and 746.
     (5) If the election inspector is not able to contact the city or township clerk, the individual is not in the correct precinct, or the individual is unable to present identification for election purposes that contains a current residence address, the individual must be issued a provisional ballot that is not tabulated on election day but is secured for verification after the election. A provisional ballot must also be issued under this subsection to a voter who presents identification for election purposes that does not bear the voter's current residence address, if the voter also presents a document to establish the voter's current residence address. The election inspector shall accept a document containing the name and current residence address of the voter as sufficient documentation to issue a provisional ballot if it is 1 of the following documents:
     (a) A current utility bill.
     (b) A current bank statement.
     (c) A current paycheck, government check, or other government document.
     (6) A provisional ballot must be placed in a provisional ballot return envelope prescribed by the secretary of state and delivered to the city or township clerk after the polls close in a manner as prescribed by the secretary of state.
     (7) For a provisional ballot voted under subsection (4), the election inspector shall provide the voter with a notice that his or her ballot has been tabulated.
     (8) For a provisional ballot voted under subsection (5), the election inspector shall provide the voter with a notice that the voter's information will be verified by the clerk of the jurisdiction within 6 days after the election to determine whether the ballot will be tabulated and, if the ballot is not tabulated, to determine the reason it was not tabulated. The notice provided to the voter under this subsection must indicate that the provisional ballot will only be tabulated if, within 6 days after the election, the voter verifies his or her voter registration record with the proper city or township clerk or the voter establishes his or her identity and residence with the proper city or township clerk by using identification for election purposes, along with a current utility bill, bank statement, paycheck, government check, or other government document to establish the voter's current residence address if the identification for election purposes used does not contain the voter's current residence address. The notice provided to the voter under this subsection must also indicate that certain individuals are eligible under section 2(14) of 1972 PA 222, MCL 28.292, to have the fee waived for obtaining an official state personal identification card that can be used to establish his or her identity and residence with the proper city or township clerk. A clerk of a jurisdiction shall provide a free access system for the voter to determine whether the ballot was tabulated. The free access system may include a telephone number that does not require a toll charge, a toll-free telephone number, an internet website, or a mailed notice.
     (9) (8) As used in this section and sections 813 and 829, "provisional ballot" means a special ballot utilized for an individual who is not listed on the voter registration list at the polling place that is tabulated only after verification of the individual's eligibility to vote.
     Sec. 581. (1) The returns of said a primary election shall must be canvassed and the results declared in the same manner and within the same time after the primary election and by the same officers as provided for general elections. , except that in the case of For a primary election for the nomination of a candidate for the office of United States senator, or Senator, governor, or for the nomination of candidates for district offices in districts comprising more than 1 county, the county clerk of each county affected shall transmit to the secretary of state, within 14 21 days after the primary election, a certified statement of the number of votes received by each person individual for nomination as a candidate of any political party for any of the said offices.
     (2) The secretary of state shall call a meeting of the board of state canvassers at his or her office not later than 20 22 days after the primary election. , which date he The secretary of state shall forthwith immediately certify the date of the meeting to the chairman chairperson and secretary of the state central committee of each political party , for the purpose of canvassing the returns and declaring the results of the primary election for the nomination of the candidates for such those offices.
     (3) The said board of state canvassers shall proceed in the same manner in canvassing the returns and in certifying, recording and determining results of a primary election for the nomination of candidates for United States senator Senator and governor as is done in canvassing the returns in the case of the election of state officials.
     (4) In canvassing the returns of a primary election for the nomination of candidates for the offices of representative Representative in congress, Congress, state senator and representatives in the legislature, in districts composed of more than 1 county, said the board of state canvassers shall proceed in like the same manner as is done in canvassing the returns in case of for the election of representatives Representatives in congress.Congress.

Sec. 672a. (1) Between 7 a.m. and 8 p.m. on election day, and at all other times while in his or her official capacity as an election inspector, an individual appointed and acting as an election inspector must wear a badge that includes his or her first and last name legibly printed on the badge.

(2) Each city or township clerk must provide the badge described in subsection (1) to each election inspector appointed in that city or township.

(3) An individual appointed and acting as an election inspector who fails to comply with subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

Sec. 674. (1) Notwithstanding any other provision of law to the contrary and subject to this section, the city and township board of election commissioners, at least 21 days but not more than 40 days before each election, but in no case less than 5 days before the date set for holding schools of instruction, shall appoint for each election precinct at least 3 election inspectors and as many more as in its opinion is required for the efficient, speedy, and proper conduct of the election. The Subject to this subsection and subsection (2), the board of election commissioners may appoint as election inspector an individual on the list submitted by a major political party under section 673a who is qualified to serve under section 677. An appointment of an election inspector under this section is void if a properly completed application for that election inspector is not on file in the clerk's office as prescribed in section 677. Subject to subsection (2), the board of election commissioners must give the following individuals described in subdivision (a) first priority and the following individuals described in subdivision (b) second priority when appointing election inspectors under this section:

(a) Those individuals who are on a list submitted by a major political party under section 673a, have filed a properly completed application to be an election inspector, and are qualified to serve as provided under section 677.

(b) Those individuals who are registered and qualified electors of this state, have filed a properly completed application to be an election inspector, and are qualified to serve as provided under section 677.

(2) From the pool of eligible individuals to be appointed as election inspectors for each major political party, the board of election commissioners shall appoint election inspectors by random selection. The board of election commissioners shall designate 1 appointed election inspector as chairperson. The Subject to this subsection and subection (6), the board of election commissioners shall appoint at least 1 election inspector from each major political party and shall appoint an equal number, as nearly as possible, of election inspectors in each election precinct from each major political party. However, the board of election commissioners must not appoint more than 2 election inspectors from a major political party for every 1 election inspector appointed from the other major political party for any election precinct in that city or township. The board of election commissioners may appoint election inspectors in an election precinct from minor political parties. Not later than 2 business days following the appointment of election inspectors under subsection (1) for elections in which a federal or state office appears, the board of election commissioners shall notify by certified mail, personal service, or electronic transmission capable of determining date of receipt the county chair of each major political party of the names and political party affiliations of appointed election inspectors and the precincts to which those election inspectors were appointed. A board of election commissioners shall not appoint a person an individual as an election inspector if that person individual declares a political party preference for 1 political party but is a known active advocate of another political party. As used in this section, "a known active advocate" means a person an individual who meets 1 or more of the following:

(a) Is a delegate to the convention or an officer of that other political party.

(b) Is affiliated with that political party through an elected or appointed government position.

(c) Has made documented public statements specifically supporting by name the other political party or its candidates in the same calendar year as the election for which the appointment is being made. As used in this subdivision, "documented public statements" means statements reported by the news media or written statements with a clear and unambiguous attribution to the applicant.

(3) The county chair of a major political party may challenge the appointment of an election inspector based upon on the qualifications of the election inspector, the legitimacy of the election inspector's political party affiliation, or whether there is a properly completed declaration of political party affiliation in the application for that election inspector on file in the clerk's office. The challenge must be in writing, specifically identify the reason for the challenge, and include any available documentation supporting the challenge. The county chair of the political party shall file a challenge under this subsection with the board of election commissioners not later than 4 business days following receipt of the board of election commissioners' notice of appointed election inspectors under subsection (2).

(4) Upon receipt of a challenge under subsection (3), the board of election commissioners shall determine whether the appointee has the necessary qualifications by reviewing the application or any other official records, such as voter registration records, or whether the applicant has a properly completed certification of political party affiliation in the application. If the challenge alleges that the appointee is a known active advocate of a political party other than the one on the appointee's application, the board of election commissioners immediately shall provide the appointee with a copy of the challenge by certified mail, personal service, or electronic transmission capable of determining date of receipt. The appointee may respond to the challenge within 2 business days after receiving a copy of the challenge. A response must be by affidavit addressing the specific reasons for the challenge. Failure to respond results in revocation of the appointment. Within 2 business days after receiving the challenge or a response from the appointee, whichever is later, the board of election commissioners shall make a final determination and notify the appointee and the county chair of the political party of the determination.

(5) If a vacancy occurs in the office of chairperson or in the office of election inspector before election day, the chairperson of the board of election commissioners shall designate some other properly qualified applicant or election inspector as chairperson or some other qualified applicant as election inspector, as applicable, subject to this section. If a vacancy occurs in the office of chairperson on election day, the remaining election inspectors shall designate 1 of the election inspectors as chairperson.
     (6) If a city or township board of election commissioners is not able to appoint an equal number of election inspectors from each major political party in each election precinct in that city or township, the clerk of that city or township must submit a report to the secretary of state not more than 10 days after the election detailing all of the efforts the city or township made to appoint an equal number of election inspectors from each major political party in each election precinct in that city or township.

Sec. 677. (1) Except as otherwise provided in subsection (4), a precinct election inspector must be a qualified and registered elector of this state, must have a good reputation, and must have sufficient education and clerical ability to perform the duties of the office. A person An individual must not be appointed to a board of election inspectors unless the person individual has filed an application with a city or township clerk in that county where the individual wishes to serve as election inspector. At least 40 days but not more than 90 days before each election, each city and township clerk must post notice on the city or township website and post notice at the city or township clerk’s office regarding the application process to be a precinct election inspector. The posted notice must include information for completing and submitting the application to be a precinct election inspector electronically to the city or township clerk. Except as otherwise provided in sections 673a and 674 and subject to this subsection, the city or township clerk shall not accept an application to be a precinct election inspector submitted 90 days or more before an election, and may only accept an application to be a precinct election inspector submitted less than 40 days before an election if there are not sufficient individuals to be appointed precinct election inspectors in the city or township. Only those individuals who file a properly completed application to be a precinct election inspector under this section and who are qualified are to be appointed as precinct election inspectors.

(2) The Except as otherwise provided in this subsection, the application must be in his or her own handwriting and must contain the applicant's name, home address, ward and precinct registration if any, date of birth, political party affiliation, education, employment, and other experience qualifications. Each city or township clerk must make the application to be a precinct election inspector available electronically to allow an applicant to complete and submit his or her application to the city or township clerk electronically. The application must provide a certification that the applicant is not a member or a known active advocate, as that term is defined in section 674, of a political party other than the one entered on the application. The form of the application under this section must be approved by the state director of elections. The clerk shall maintain a file of applications filed under this section and make the applications available for public inspection at the clerk's office during normal business hours.

(3) A person An individual must not be knowingly appointed or permitted to act as a precinct election inspector if the person individual or any member of his or her immediate family is a candidate for nomination or election to any office at the election or who has been convicted of a felony or election crime. A person An individual must not be permitted to act as an election inspector if he or she has failed to attend a school of instruction or failed to take an examination as provided in section 683. This section does not prohibit the candidate for or delegate to a political party convention from acting as an election inspector in a precinct other than the precinct in which he or she resides. An election must not be invalidated merely because of the violation of the provisions of this section.

(4) Except as otherwise provided in this subsection and subject to subsection (5), a person an individual who is 16 or 17 years of age may be appointed to a board of election inspectors. Before a person an individual may be appointed under this subsection, the first 3 members of the board required to be appointed under section 672 must meet the requirements of subsections (1) to (3). A person An individual who is appointed under this subsection must meet the requirements of subsections (1) to (3) other than being a qualified and registered elector of this state. A person An individual who is appointed under this subsection is not eligible to be designated as chairperson of the board under section 674.

(5) If a person an individual seeking appointment to a board of election inspectors under subsection (4) is attending a K-12 school and if an election falls on a school day, the person individual shall provide to the clerk, along with the application filed under subsections (1) and (2), a written document from his or her school specifically acknowledging that person's individual's application for appointment to the board of election inspectors and specifically excusing that person individual from school on the date of service, if the appointment is made.

Sec. 689a. Beginning on the effective date of the amendatory act that added this section, each ballot to be used at an election must include security features to prevent duplication including, but not limited to, use of color inks and microprinting.

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 Except as otherwise provided in this act, a political party, incorporated organization, or organized committee of interested citizens may designate not more than 1 challenger to serve at each absent voter counting board.

(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 must not serve as a challenger 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 must 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 or absent voter counting board. The political party, incorporated organization, or organized committee of interested citizens shall indicate which precincts or absent voter counting boards 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 or absent voter counting board 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 which of the 2 will have challengers has this authority. The challengers may change this authority and shall must indicate the change to the board of election inspectors.

(4) If an absent voter counting board or absent voter counting boards are established by an agreement entered into under section 764d(1)(a), (b), or (c), and the county, city, or township clerk responsible for counting the absent voter ballots under that agreement assigns more than 2,999 absent voter ballots to be counted by a single absent voter counting board, a political party, incorporated organization, or organized committee of interested citizens may designate the following to that absent voter counting board:
     (a) Two challengers for the initial 2,999 absent voter ballots assigned to be counted at that absent voter counting board.
     (b) One additional challenger for every 2,999 absent voter ballots over the initial 2,999 absent voter ballots assigned to be counted at that absent voter counting board.
     (5) If an absent voter counting board continues to work after the polls close on election day, a political party, incorporated organization, or organized committee of interested citizens that designated a challenger or challengers to that absent voter counting board may, after the polls close on election day, replace that challenger or those challengers in that absent voter counting board. Any challenger designated to replace another challenger under this subsection must meet the requirements under subsection (2).

(6) A political party, incorporated organization, organized committee of interested citizens, or individual shall not provide compensation to an individual to be an election challenger.

Sec. 733. (1) The Subject to this subsection, 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. Each challenger has the right to stand or sit behind the processing table. 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 are being entered in the poll book.
     (b) Observe the election process at a reasonable distance from the election inspectors. As used in this subdivision, "reasonable distance" means a distance that allows the election inspectors sufficient room to perform their duties while still allowing challengers to clearly read and observe the poll books, tabulators, and other election documents and materials used at a polling place or counting board.
     (c) (b) Observe and challenge the manner in which the duties of the election inspectors are being performed.
     (d) Observe the proceedings of electors, but in a manner that does not hinder or impede electors.
     (e) (c) Challenge the voting rights of a person an individual who the challenger has good reason to believe is not a registered elector. As used in this subdivision, "good reason to believe" includes, but is not limited to, witnessing any of the following:
     (i) An elector is not present in the poll book.
     (ii) An individual is claiming the identity of another individual who has already voted.
     (iii) The identification for election purposes being used appears invalid or fraudulent.
     (f) (d) Challenge an election procedure that is not being properly performed.
     (g) (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 individual in violation of section 744.
     (iv) A violation of election law or other prescribed election procedure.
     (h) Obtain the vote results generated in the precinct after the polls close.
     (i) (f) Remain during the canvass of votes and until the statement of returns is duly signed and made.
     (j) (g) Examine without handling each ballot as it is being counted.
     (k) (h) Keep records of votes cast and other election procedures as the challenger desires.
     (l) (i) Observe the recording of absent voter ballots on voting machines.
     (m) Use a smart phone, tablet, laptop, or other electronic device in a polling place or at a counting board as long as the use of that smart phone, tablet, laptop, or other electronic device does not hinder or impede an elector's right to vote or right to vote a secret ballot.
     (n) If a challenger is expelled from a polling place or a counting board, demand and be provided a written explanation for the expulsion from the chairperson of the board of election inspectors.
     (2) The Subject to this subsection, 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. Each challenger has the right to stand or sit behind the processing table. A challenger at the counting board may do 1 or more of the activities allowed in subsection (1), as applicable.

(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. The election inspectors and other election officials on duty shall protect a challenger in the discharge of his or her duties.
     (4) A person An individual shall not threaten or intimidate a challenger while performing an activity allowed under subsection (1). A challenger shall not threaten or intimidate an elector while the elector is entering the polling place, applying to vote, entering the voting compartment, voting, or leaving the polling place.
     (5) If the chairperson of the board of election inspectors, an election inspector, or a challenger infringes on any of the established rights of a challenger described in subsection (1), the alleged infringement must be noted in the log for the precinct and reported to the clerk of the city or township where that precinct is located. If the city or township clerk determines that the chairperson of the board of election inspectors, an election inspector, or a challenger infringed on any of the established rights of a challenger described in subsection (1), the city or township clerk shall prohibit that individual from overseeing or monitoring election activities for 2 years.
     (6) If a challenger is expelled from a polling place or counting board, the entity that appointed that expelled challenger may appoint another challenger to replace the expelled challenger.

Sec. 734. Any An officer or election board inspector who shall prevent prevents the presence of any such challenger as above provided in section 733, or shall refuse who refuses or fail fails to provide such any challenger with conveniences for the performance of the his or her duties, expected of him, shall, upon conviction, be punished by a fine not exceeding $1,000.00, or by imprisonment in the state prison not exceeding 2 years, or by both such fine and imprisonment in the discretion of the court.is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.

Sec. 734a. (1) A poll watcher is an individual who wishes to observe an election, but who is not designated as a challenger under section 730.
     (2) A poll watcher may do 1 or more of the following:
     (a) Observe the poll book and election materials, but only if that observation does not delay the voting process.
     (b) Use a smart phone, tablet, laptop, or other electronic device in a polling place or at a counting board as long as the use of that smart phone, tablet, laptop, or other electronic device does not hinder or impede an elector's right to vote or right to vote a secret ballot.
     (c) Remain during the canvass of votes and until the statement of returns is duly signed and made.
     (d) Obtain the vote results generated in the precinct after the polls close.

Sec. 735. (1) At each primary and election, election inspectors shall keep 1 poll book and 1 poll list. An election inspector shall enter in the poll book, in the order in which electors are given ballots, the name of each elector who is given a ballot and immediately after the name, on the same line, shall enter the number of the ballot given to the elector. For an absent voter ballot, when an election inspector removes the ballot from the sealed absent voter envelope, the election inspector shall enter in the poll book the name of the absent voter and the number of the ballot.

(2) If an elector is issued a provisional ballot, an election inspector shall enter a proper designation in the poll book, including whether the provisional ballot was tabulated in the precinct or was secured for verification after the election.

(3) Each poll book must include the name and political party affiliation of each election inspector appointed to that election precinct.

(4) (3) At the completion of the precinct canvass, an election inspector shall record on the certificate provided in the poll book the number of each metal seal used to seal voting equipment and ballot containers. Each member of the board of election inspectors shall sign the certificate.
     Sec. 736h. If a ballot proposal appears on a ballot provided to an elector, the full text of the ballot proposal must be provided to that elector.

Sec. 759. (1) Subject to subsections (10) and (11) and section 761(3), at any time during the 75 days before a primary or special primary, but not later than 8 p.m. on the day of a primary or special primary, an elector may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township or city in which the elector is registered. The clerk of a city or township shall not send by first-class mail an absent voter ballot to an elector after 5 p.m. on the Friday immediately before the election. Except as otherwise provided in section 761(2), the clerk of a city or township shall not issue an absent voter ballot to a registered elector in that city or township after 4 p.m. on the day before the election. An application received before a primary or special primary may be for either that primary only, or for that primary and the election that follows. An individual may submit a voter registration application and an absent voter ballot application at the same time if applying in person with the clerk or deputy clerk of the city or township in which the individual resides. Immediately after his or her voter registration application and absent voter ballot application are approved by the clerk or deputy clerk, the individual may, subject to the identification requirement in section 761(6), complete an absent voter ballot at the clerk's office.

(2) Except as otherwise provided in subsection (1) and subject to subsections (10) and (11) and section 761(3), at any time during the 75 days before an election, but not later than 8 p.m. on the day of an election, an elector may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered. The clerk of a city or township shall not send by first-class mail an absent voter ballot to an elector after 5 p.m. on the Friday immediately before the election. Except as otherwise provided in section 761(2), the clerk of a city or township shall not issue an absent voter ballot to a registered elector in that city or township after 4 p.m. on the day before the election. An individual may submit a voter registration application and an absent voter ballot application at the same time if applying in person with the clerk or deputy clerk of the city or township in which the individual resides. Immediately after his or her voter registration application and absent voter ballot application are approved by the clerk, the individual may, subject to the identification requirement in section 761(6), complete an absent voter ballot at the clerk's office.

(3) An Subject to subsections (10) and (11), an application for an absent voter ballot under this section may be made in any of the following ways:

(a) By a written request signed by the voter.

(a) (b) On an absent voter ballot application form provided for that purpose by the clerk of the city or township that includes the city or township logo embossed on the application.

(b) (c) On a federal postcard application.

(4) An applicant for an absent voter ballot shall must sign the application. In addition, an applicant for an absent voter ballot must either present identification for election purposes to the clerk of the city or township in which the elector is registered or attach a copy of identification for election purposes to his or her application. Subject to section 761(2), a clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. A person If an applicant does not present or attach identification for election purposes as provided in this subsection, the clerk or assistant clerk must issue the applicant a provisional absent voter ballot that is processed according to section 523a(5). An individual shall not be in possession of a signed absent voter ballot application except for the applicant; a member of the applicant's immediate family; a person an individual residing in the applicant's household; a person an individual whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant to return the application; or a clerk, assistant of the clerk, or other authorized election official. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application.

(5) The clerk of a city or township shall have absent voter ballot application forms available in the clerk's office at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application must be in substantially the following form:

"Application for absent voter ballot for:

[ ] The primary or special primary election to be held on

___________________ (Date).

[ ] The election to be held on _______ (Date).

(Check applicable election or elections)

I, .................................. , a United States

citizen and a qualified and registered elector of the ............

precinct of the township of ............ or of the ............

ward of the city of .................................. , in the

county of .................................. and state of Michigan,

apply for an official ballot, or ballots, to be voted by me at the

election or elections as requested in this application.

Send absent voter ballot to me at:

...........................................

(Street No. or R.R. or Designated Address)

...........................................

(Post Office) (State) (Zip Code)

My registered address ......................................

(Street No. or R.R. or Participant

Identification Number)

......................................

(Post Office) (State) (Zip Code)

Date........................................................

I certify that I am a United States citizen and that

the statements in this absent voter ballot application

are true.

......................................

(Signature)

WARNING

You must be a United States citizen to vote. If you are not a

United States citizen, you will not be issued an absent voter

ballot.

A person making a false statement in this absent voter ballot

application is guilty of a misdemeanor. It is a violation of

Michigan election law for a person other than those listed in the

instructions to return, offer to return, agree to return, or

solicit to return your absent voter ballot application to the

clerk. An assistant authorized by the clerk who receives absent

voter ballot applications at a location other than the clerk's

office must have credentials signed by the clerk. Ask to see his or

her credentials before entrusting your application with a person

claiming to have the clerk's authorization to return your

application.

Certificate of Authorized Registered

Elector Returning Absent Voter

Ballot Application

I certify that my name is .................... , my address is

.................... , and my date of birth is ............ ; that

I am delivering the absent voter ballot application of

.................... at his or her request; that I did not solicit

or request to return the application; that I have not made any

markings on the application; that I have not altered the

application in any way; that I have not influenced the applicant;

and that I am aware that a false statement in this certificate is a

violation of Michigan election law.

_________________ _________________________________________

(Date) (Signature)"

(6) The following instructions for an applicant for an absent voter ballot must be included with each application furnished an applicant:

INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

Step 1. After completely filling out the application, sign and date the application in the place designated. Your signature must appear on the application or you may not receive an absent voter ballot. In addition, you must either present an original or a copy of identification for election purposes to the clerk of the city or township in which you are registered or attach a copy of identification for election purposes to the application. If you do not present or attach identification for election purposes, you will be issued a provisional absent voter ballot that is subject to verification and will not be tabulated on election day.

Step 2. Deliver the application by 1 of the following methods:

(a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier.

(b) Deliver the application personally to the clerk's office, to the clerk, or to an authorized assistant of the clerk.

(c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voter's household may mail or deliver the application to the clerk for the applicant.

(d) If an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application.

(7) A person An individual who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section.

(8) A person An individual who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person An individual who forges a signature on an absent voter ballot application is guilty of a felony. A person An individual who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor.

(9) The absent voter ballot application of an elector who is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(10) A city or township clerk shall only accept an absent voter ballot application from an elector as described in subsection (3).
     (11) The secretary of state is prohibited from sending or providing an absent voter ballot application to an elector. The prohibition under this subsection includes, but is not limited to, providing an absent voter ballot application or a direct link to an absent voter ballot application on the department of state website.

Sec. 759a. (1) An absent uniformed services voter or an overseas voter who is not registered, but possessed the qualifications of an elector under section 492, may apply for registration by using the federal postcard application. The department of state, bureau of elections, is responsible for disseminating information on the procedures for registering and voting to an absent uniformed services voter and an overseas voter.

(2) Upon the request of an absent uniformed services voter or an overseas voter, the clerk of a county, city, township, or village shall electronically transmit a blank voter registration application or blank absent voter ballot application to the voter. The clerk of a county, city, township, or village shall accept a completed voter registration application or completed absent voter ballot application electronically transmitted by an absent uniformed services voter or overseas voter. A voter registration application or absent voter ballot application submitted by an absent uniformed services voter or overseas voter shall must contain the signature of the voter. In addition, an applicant for an absent voter ballot must attach a copy of identification for election purposes to his or her application. If an applicant transmits his or her completed absent voter ballot application electronically, a copy of his or her identification for election purposes may also be transmitted electronically.

(3) A spouse or dependent of an overseas voter who is a citizen of the United States, is accompanying that overseas voter, and is not a qualified and registered elector anywhere else in the United States, may apply for an absent voter ballot even though the spouse or dependent is not a qualified elector of a city or township of this state.

(4) An absent uniformed services voter or an overseas voter, whether or not registered to vote, may apply for an absent voter ballot. Upon Subject to this subsection, upon receipt of an application for an absent voter ballot under this section that complies with this act, a county, city, village, or township clerk shall forward to the applicant the absent voter ballots requested, the forms necessary for registration, and instructions for completing the forms. If an applicant does not attach identification for election purposes to his or her application, the clerk must issue the applicant a provisional absent voter ballot that is processed according to section 523a(5).If the ballots are not yet available at the time of receipt of the application, the clerk shall immediately forward to the applicant the registration forms and instructions, and forward the ballots as soon as they are available. If a federal postcard application or an application from the official United States department Department of defense Defense website is filed, the clerk shall accept the federal postcard application or the application from the official United States department Department of defense Defense website as the registration application and shall not send any additional registration forms to the applicant. If the ballots and registration forms are received before the close of the polls on election day and if the registration complies with the requirements of this act, the absent voter ballots shall be delivered to the proper election board to be tabulated. If the registration does not comply with the requirements of this act, the clerk shall retain the absent voter ballots until the expiration of the time that the voted ballots must be kept and shall then destroy the ballots without opening the envelope. The clerk may retain registration forms completed under this section in a separate file. The address in this state shown on a registration form is the residence of the registrant.

(5) Not Subject to subsection (4), not later than 45 days before an election, a county, city, township, or village clerk shall electronically transmit or mail as appropriate an absent voter ballot to each absent uniformed services voter or overseas voter who applied for an absent voter ballot 45 days or more before the election.

(6) Upon the request of an absent uniformed services voter or overseas voter, the clerk of a county, city, township, or village shall electronically transmit an absent voter ballot to the voter. The voter shall print the absent voter ballot and return the voted ballot by mail to the appropriate clerk.

(7) The secretary of state shall prescribe electronic absent voter ballot formats and electronic absent voter ballot transmission methods. Each county, city, township, or village clerk shall employ the prescribed electronic ballot formats to fulfill an absent voter ballot request received from an absent uniformed services voter or overseas voter who wishes to receive his or her absent voter ballot through an electronic transmission. The secretary of state shall establish procedures to implement the requirements in this section and for the processing of a marked absent voter ballot returned by an absent uniformed services voter or overseas voter who obtained his or her absent voter ballot through an electronic transmission.

(8) The secretary of state shall modify the printed statement provided under section 761(4) and the absent voter ballot instructions provided under section 764a as appropriate to accommodate the procedures developed for electronically transmitting an absent voter ballot to an absent uniformed services voter or overseas voter. A statement shall must be included in the certificate signed by the absent voter who obtained his or her absent voter ballot through an electronic transmission that the secrecy of the absent voter ballot may be compromised during the duplication process. The absent voter ballot instructions provided to an absent uniformed services voter or overseas voter shall must include the proper procedures for returning the absent voter ballot to the appropriate clerk.

(9) The size of a precinct shall must not be determined by registration forms completed under this section.

(10) An absent uniformed services voter or an overseas voter who submits an absent voter ballot application is eligible to vote as an absent voter in any local, state, or federal election occurring in the calendar year in which the election is held for that ballot requested if the absent voter ballot application is received by the county, city, village, or township clerk not later than 2 p.m. of the Saturday before the election. A county, city, or township clerk receiving an absent voter ballot application from an absent uniformed services voter or overseas voter shall transmit to a village clerk and the school district election coordinators, where applicable, the necessary information to enable the village clerk and school district election coordinators to forward an absent voter ballot for each applicable election in that calendar year to the absent voter. A village clerk receiving an absent voter ballot application from an absent uniformed services voter or overseas voter shall transmit to the township clerk and the school district election coordinators, where applicable, the necessary information to enable the city or township clerk and school district election coordinators to forward an absent voter ballot for each applicable election in that calendar year to the absent voter. If the local elections official rejects a voter registration application or absent voter ballot application submitted by an absent uniformed services voter or overseas voter, the election official shall notify the voter of the rejection.

(11) An electronic mail email address provided by an absent uniformed services voter or overseas voter for the purposes of this section is confidential and exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(12) Under the uniformed and overseas citizens absentee voting act, the state director of elections shall approve a ballot form and registration procedures for absent uniformed services voters and overseas voters.

(13) An absent uniformed services voter or an overseas voter may use the federal write-in absentee ballot, in accordance with the provisions of the uniformed and overseas citizens absentee voting act, at a regular election or special election to vote for a local, state, or federal office or on a ballot question. An absent uniformed services voter or an overseas voter who uses the federal write-in absentee ballot shall return his or her voted federal write-in absentee ballot by mail to the appropriate clerk. The state bureau of elections shall do both of the following:

(a) Make the ballot format for each election available to absent uniformed services voters and overseas voters by electronic mail email or on an internet website maintained by the department of state.

(b) Make the ballot information, including the offices, names of candidates, and ballot proposals, for each election available to absent uniformed services voters and overseas voters on an internet website maintained by the department of state.

(14) The clerk of a city, village, or township shall submit to the county clerk of the county in which that city, village, or township is located a written statement no later than 45 days before each election indicating whether absent voter ballots were issued to absent uniformed services voters or overseas voters in compliance with this section and the uniformed and overseas citizens absentee voting act. The city, village, or township clerk shall provide to the county clerk a written explanation describing remedial actions taken by the city, village, or township clerk if the city, village, or township clerk fails to comply with this section and the uniformed and overseas citizens absentee voting act. Not later than 42 days before each election, each county clerk shall submit to the state bureau of elections a written report compiled from the written statements submitted by the city, village, and township clerks. The written report shall must identify the cities, villages, and townships that complied with the 45-day deadline under this subsection, the cities, villages, and townships that did not comply with the 45-day deadline under this subsection, but provided a written explanation, and those cities, villages, and townships that did not comply with the 45-day deadline under this subsection and that did not provide a written explanation. The state bureau of elections may require the clerk of a city, village, or township that did not comply with the 45-day deadline under this subsection, but provided a written explanation, to provide additional information. The state bureau of elections shall require the clerk of a city, village, or township that did not comply with the 45-day deadline and that did not provide a written explanation to file a written explanation, describing the remedial actions taken by the city, village, or township clerk, within 1 business day after the state bureau of elections notifies the clerk of that city, village, or township.

(15) For a presidential primary election, the secretary of state shall prescribe procedures for contacting an elector who is an absent uniformed services voter or an overseas voter, as described in this section, and who is eligible to receive an absent voter ballot or who applies for an absent voter ballot for the presidential primary election, offering the elector the opportunity to select a political party ballot for the presidential primary election.

(16) The secretary of state shall order a city, village, or township clerk to extend the ballot receipt deadline for any absentee voter ballots under this section that were not transmitted to an absent uniformed services voter or overseas voter in compliance with subsection (5). The extension shall must equal the total number of days beyond the deadline as provided in subsection (5) that the city, village, or township clerk transmitted the requested absentee voter ballots. These absentee voter ballots received during the extension time shall must be counted and tabulated for the final results of the election provided that the absentee voter ballots are executed and sent by the close of the polls on election day. The election may be formally certified before the end of the extension time if the number of outstanding absentee voter ballots under this subsection will not alter the outcome of the election.

(17) As used in this section:

(a) "Absent uniformed services voter" means any of the following:

(i) A member of a uniformed service on active duty who, by reason of being on active duty, is absent from the place of residence where the member is otherwise qualified to vote.

(ii) A member of the merchant marine who, by reason of service in the merchant marine, is absent from the place of residence where the member is otherwise qualified to vote.

(iii) A spouse or dependent of a member referred to in subparagraph (i) or (ii) who, by reason of the active duty or service of the member, is absent from the place of residence where the spouse or dependent is otherwise qualified to vote.

(b) "Member of the merchant marine" means an individual, other than a member of a uniformed service or an individual employed, enrolled, or maintained on the Great Lakes or the inland waterways, who is either of the following:

(i) Employed as an officer or crew member of a vessel documented under the laws of the United States, a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States.

(ii) Enrolled with the United States for employment or training for employment, or maintained by the United States for emergency relief service, as an officer or crew member of a vessel documented under the laws of the United States, a vessel owned by the United States, or a vessel of foreign-flag registry under charter to or control of the United States.

(c) "Overseas voter" means any of the following:

(i) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of an election.

(ii) A person who resides outside of the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States.

(iii) A person who resides outside of the United States and who, but for such residence outside of the United States, would be qualified to vote in the last place in which he or she was domiciled before leaving the United States.

(d) "Uniformed services" means the army, navy, air force, marine corps, coast guard, Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps Commissioned Corps of the public health service, Public Health Service, the commissioned corps Commissioned Corps of the national oceanic National Oceanic and atmospheric administration, Atmospheric Administration, a reserve component of a uniformed service, or the Michigan national guard National Guard as that term is defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32.505.

Sec. 759b. (1) Any registered elector may apply for an absent voter ballots ballot at any time prior to before 4 p.m. on election day if he shall have become or she becomes physically disabled or shall be is absent from the city or township because of sickness or death in the family which that has occurred at a time which that has made it impossible to apply for an absent voter ballots ballot by the statutory deadline. The application shall must be called an emergency absent voter application.

(2) Emergency An emergency absent voter applications application may be made by letter or on a form provided by the clerk. The application shall must set forth that the voter elector is qualified to vote in the election, stating the statutory reason for applying for an emergency absent voter ballot and that the reason for applying after the statutory deadline occurred at such a time to make it impossible to file an application for an absent voter ballots ballot by the statutory deadline. An applicant for an emergency absent voter ballot must either present identification for election purposes to the clerk of the city or township in which the elector is registered or attach a copy of identification for election purposes to his or her application.

(3) Any person individual intentionally making a false statement in such an emergency absent voter application is guilty of a felony. Any person individual aiding or abetting any person individual to make a false statement on such an emergency absent voter application is guilty of a felony.

(4) Upon Subject to this subsection, upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ballots ballot to the applicant in person, through a deputy or an election assistant, or he or she may deliver them the ballot at his or her office to a person an individual named by the applicant in the application. If an applicant does not present or attach identification for election purposes as provided in subsection (2), the clerk, deputy clerk, or election assistant must issue the applicant a provisional absent voter ballot that is processed according to section 523a(5). The voter may return the ballots ballot to the clerk in the sealed envelope provided therefor in any manner he or she sees fit. To be valid, ballots a ballot must be returned to the clerk in time to be delivered to the polls prior to before 8 p.m. on election day.

Sec. 761. (1) If Subject to this subsection, if the clerk of a city or township receives an application for an absent voter ballot from a person an individual registered to vote in that city or township and if the signature on the application agrees with the signature for the person individual contained in the qualified voter file or on the registration card as required in subsection (2), the clerk immediately upon receipt of the application or, if the application is received before the printing of the absent voter ballots, as soon as the ballots are received by the clerk, shall forward by mail, postage prepaid, or shall deliver personally 1 of the ballots or set of ballots if there is more than 1 kind of ballot to be voted to the applicant. If the clerk of a city or township receives an application for an absent voter ballot from an applicant who is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, then the city or township clerk shall mail an absent voter ballot to that program participant at the designated address provided to that program participant by the department of the attorney general under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873. If an applicant does not present or attach identification for election purposes as provided in section 759(4), the clerk must issue the applicant a provisional absent voter ballot that is processed according to section 523a(5). Subject to the identification requirement in subsection (6), absent voter ballots may be delivered to an applicant in person at the office of the clerk.

(2) The qualified voter file must be used to determine the genuineness of a signature on an application for an absent voter ballot. Signature comparisons must be made with the digitized signature in the qualified voter file. If the qualified voter file does not contain a digitized signature of an elector, or is not accessible to the clerk, the city or township clerk shall compare the signature appearing on the application for an absent voter ballot to the signature contained on the master card. If before 8 p.m. on the day before election day the clerk of a city or township rejects an absent voter ballot application because the signature on the absent voter ballot application does not agree sufficiently with the signature on the master card or the digitized signature contained in the qualified voter file so as to identify the elector or because the elector failed to sign the absent voter ballot application, the city or township clerk shall as soon as practicable, but in no event later than 48 hours after determining the signatures do not agree sufficiently or that the signature is missing, or by 8 p.m. on the day before election day, whichever occurs first, notify the elector of the rejection by mail, telephone, or electronic mail.email.

(3) Subject to the identification requirement in subsection (6) and except as otherwise provided in this subsection, a person an individual may apply in person at the clerk's office before 8 p.m. on election day to vote as an absent voter. Except as otherwise provided in subsection (2), only an individual who is not a registered elector, or an individual who is not registered to vote in the city or township in which he or she is registering to vote, and who registers to vote on election day in person with the clerk of the city or township in which the individual resides may apply for and complete an absent voter ballot in person at the clerk's office on election day. Except as otherwise provided in subsection (2), the clerk of a city or township shall not issue an absent voter ballot to a registered elector in that city or township after 4 p.m. on the day before the election. The applicant shall receive his or her absent voter ballot and vote the ballot in the clerk's office. All other absent voter ballots, except ballots delivered pursuant to an emergency absent voter ballot application under section 759b, must be mailed or delivered to the registration address of the applicant unless the application requests delivery to an address outside the city or township or to a hospital or similar institution, in which case the absent voter ballots must be mailed or delivered to the address given in the application. However, a clerk may mail or deliver an absent voter ballot, upon request of the absent voter, to a post office box if the post office box is where the absent voter normally receives personal mail and the absent voter does not receive mail at his or her registration address.

(4) Absent voter ballots must be issued in the same order in which applications are received by the clerk of a city, township, or village, as nearly as may be, and each ballot issued must bear the lowest number of each kind available for this purpose. However, this provision does not prohibit a clerk from immediately issuing an absent voter ballot to an absent voter who applies in person in the clerk's office for absent voter ballots. The clerk shall enclose with the ballot or ballots a return envelope properly addressed to the clerk and bearing upon the back of the envelope a printed statement in substantially the following form:

TO BE COMPLETED

BY THE CLERK

_________________________ ___________________________

Name of Voter Street Address or R.R. or

Program Participant

Identification Number

_________________________ _______________________

City or Township County

Ward ______ Precinct ______ Date of Election ______

=============================================================

TO BE COMPLETED BY THE ABSENT VOTER

I assert that I am a United States citizen and a qualified and

registered elector of the city or township named above. I am voting

as an absent voter in conformity with state election law. Unless

otherwise indicated below, I personally marked the ballot enclosed

in this envelope without exhibiting it to any other person.

I further assert that this absent voter ballot is being

returned to the clerk or an assistant of the clerk by me

personally; by public postal service, express mail service, parcel

post service, or other common carrier; by a member of my immediate

family; or by a person residing in my household.

DATE: ______________ SIGN HERE: X_____________________

Signature of Absent Voter

The above form must be signed or your vote may not be counted.

AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS

GUILTY OF A MISDEMEANOR.

=============================================================

TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING

BY ANOTHER PERSON

I assisted the above named absent voter who is disabled or

otherwise unable to mark the ballot in marking his or her absent

voter ballot pursuant to his or her directions. The absent voter

ballot was inserted in the return envelope without being exhibited

to any other person.

____________________ ______________ _______________

Signature of Person Street Address City or Township

Assisting Voter or R.R.

____________________________________________________________

Printed Name of Person Assisting Voter

A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A

FALSE STATEMENT IS GUILTY OF A FELONY.

============================================================

WARNING

PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER

BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A

PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR

RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY

THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO

HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC

POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR

COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER

EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER
AUTHORIZED ELECTION OFFICIALS OF THE CITY OR TOWNSHIP.
ANY OTHER PERSON IN POSSESSION OF AN ABSENT VOTER BALLOT
IS GUILTY OF A FELONY.

(5) An absent voter who knowingly makes a false statement on the absent voter ballot return envelope is guilty of a misdemeanor. A person An individual who assists an absent voter and who knowingly makes a false statement on the absent voter ballot return envelope is guilty of a felony.

(6) If Except as otherwise provided in this subsection, if an elector obtains his or her absent voter ballot in person from the clerk of the city or township in which he or she is registered, the clerk of the city or township shall not provide an absent voter ballot to that elector until the elector identifies himself or herself to the clerk by presenting an original or a copy of identification for election purposes. If an elector does not have identification for election purposes, the elector may sign an affidavit to that effect before the clerk of the city or township and be allowed to obtain his or her absent voter ballot in person from the clerk. The clerk of the city or township shall indicate to each elector who is registered in that city or township and who obtains his or her absent voter ballot in person from the clerk that the elector may sign an affidavit indicating that the elector does not have identification for election purposes in order to obtain his or her absent voter ballot in person from the clerk. However, if an elector obtains his or her absent voter ballot in person from the clerk and votes by absent voter ballot without providing identification for election purposes required under this subsection, the absent voter ballot of that elector must be prepared as a challenged ballot as provided in section 727 and must be counted as any other ballot is counted unless determined otherwise by a court of law under section 747 or 748 or any other applicable law.clerk must issue the elector a provisional absent voter ballot that is processed according to section 523a(5).

Sec. 761d. (1) Except as otherwise provided in this subsection and subsection (2), if an absent voter ballot drop box was ordered or installed in a city or township before October 1, 2020, that absent voter ballot drop box is exempt from the requirements of this section. Subsection (5) applies to an absent voter ballot drop box described in this subsection.Absent voter ballot drop boxes are not permitted for use in this state and an elector must return his or her absent voter ballot as provided in the instructions for absent voters in section 764a.

(2) If an absent voter ballot drop box was ordered, but not installed in, a city or township before October 1, 2020, the clerk of that city or township must make every reasonable effort to have that absent voter ballot drop box comply with the requirements of this section.

(3) An absent voter ballot drop box must meet all of the following requirements:

(a) Be clearly labeled as an absent voter ballot drop box.

(b) Whether located indoors or outdoors, be securely locked and be designed to prevent the removal of absent voter ballots when locked.

(c) If located in an area that is not continuously staffed, be secured to prevent the removal of the absent voter ballot drop box from its location.

(4) If an absent voter ballot drop box is located outdoors, all of the following apply:

(a) The drop box must be securely locked and bolted to the ground or to another stationary object.

(b) The drop box must be equipped with a single slot or mailbox-style lever to allow absent voter ballot return envelopes to be placed in the drop box, and all other openings on the drop box must be securely locked.

(c) The city or township clerk must use video monitoring of that drop box to ensure effective monitoring of that drop box.

(d) The drop box must be in a public, well-lit area with good visibility.

(e) The city or township clerk must immediately report to local law enforcement any vandalism involving the drop box or any suspicious activity occurring in the immediate vicinity of the drop box.

(5) Only a city or township clerk, his or her deputy clerk, or a sworn member of his or her staff, is authorized to collect absent voter ballots from an absent voter ballot drop box.

Sec. 763. (1) Each city or township is prohibited from providing prepaid postage on any absent voter ballot return envelope.
     (2) The secretary of state is prohibited from providing funding to or reimbursing any city or township for prepaid postage on any absent voter ballot return envelope.
     Sec. 763a. In addition to the ballot marking instructions provided under section 764 and the instructions for an absent voter provided under section 764a, if a ballot proposal appears on an absent voter ballot provided to an absent voter, the full text of that ballot proposal must be included with that absent voter ballot.
     Sec. 764a. The following instructions for an absent voter must be included with each ballot or set of ballots furnished an absent voter:

INSTRUCTIONS FOR ABSENT VOTERS

Step 1. Enclosed you will find voting instructions as to the

method of voting. Read these carefully and then vote the ballot.

Step 2. After voting a ballot, place the ballot in the secrecy

sleeve, if any. If a secrecy sleeve is not provided, refold the

ballot to conceal your votes.

Step 3. Place the ballot or ballots in the return envelope and

securely seal the envelope.

Step 4. Sign and date the return envelope in the place

designated. Your signature must appear on the return envelope or

the ballot will not be counted. If you are disabled or otherwise

unable to mark the ballot and required assistance in voting your

absent voter ballot, have the individual who assisted you complete

the section on the return envelope entitled "TO BE COMPLETED ONLY

IF VOTER IS ASSISTED IN VOTING BY ANOTHER INDIVIDUAL".

Step 5. Deliver the return envelope by 1 of the following

methods:

(a) Place the necessary postage upon the return envelope and

deposit it in the United States mail or with another public postal

service, express mail service, parcel post service, or common

carrier.

(b) Deliver the envelope personally to the office of the

clerk, to the clerk, or to an authorized assistant of the clerk. ,

or to a secure drop box located in the city or township.

(c) In either (a) or (b), a member of the immediate family of

the voter including a father-in-law, mother-in-law, brother-in-law,

sister-in-law, son-in-law, daughter-in-law, grandparent, or

grandchild or an individual residing in the voter's household may

mail or deliver a ballot to the clerk for the voter.

(d) You may request by telephone that the clerk who issued the

ballot provide assistance in returning the ballot. The clerk is

required to provide assistance if you are unable to return your

absent voter ballot as specified in (a), (b), or (c) above, if it

is before 5 p.m. on the Friday immediately preceding the election,

and if you are asking the clerk to pick up the absent voter ballot

within the jurisdictional limits of the city, township, or village

in which you are registered. Your absent voter ballot will then be

picked up by the clerk or an election assistant sent by the clerk.

All individuals authorized to pick up absent voter ballots are

required to carry credentials issued by the clerk. If using this

absent voter ballot return method, do not give your ballot to

anyone until you have checked their credentials.

Step 6. The ballot must reach the clerk or an authorized

assistant of the clerk before the close of the polls on election

day. An absent voter ballot received by the clerk or assistant of

the clerk after the close of the polls on election day will not be counted.

WARNING

All of the following actions are violations of the Michigan election law and are illegal in this state:

(1) To vote an absent voter ballot at a meeting or gathering at which other individuals are voting absent voter ballots.
(2) For an individual who is assisting an absent voter in marking the ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.

(3) For an individual who is present and knows that an individual is voting an absent voter ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.

(4) For an individual other than those listed in these instructions to return, offer to return, agree to return, or solicit to return an absent voter ballot to the clerk.

(5) For an individual other than the absent voter; an individual listed in these instructions; or an individual whose job it is to handle mail before, during, or after being transported by a public postal service, express mail service, parcel post service, or common carrier, but only during the normal course of his or her employment to be in possession of a voted or unvoted absent voter ballot.

Sec. 764b. (1) An absent voter ballot must be delivered to the clerk only as authorized in the instructions for an absent voter provided in section 764a.

(2) The clerk of a city or township may accept delivery of absent voter ballots at any location in the city or township.

(3) The clerk of a city or township may appoint the number of assistants necessary to accept delivery of absent voter ballots at any location in the city or township. An appointment as assistant to accept delivery of absent voter ballots must be for 1 election only. An assistant appointed to receive ballots at a location other than the office of the clerk must be furnished credentials of authority by the clerk. If an absent voter's ballot is received by an assistant at any location other than the clerk's office the assistant, upon request, shall exhibit the credentials to the absent voter before the assistant accepts an absent voter ballot. An assistant, before entering upon the discharge of duties, shall must take and subscribe to the oath of office as provided in section 1 of article XI of the state constitution of 1963. An assistant shall must perform only the duties assigned by the clerk. A person An individual must not be appointed as an assistant to accept delivery of absent voter ballots who is a candidate or a member of the immediate family of a candidate whose name appears on the ballot at that election.

(4) A clerk who receives a request from an absent voter under section 764a for assistance in returning his or her absent voter ballot shall make arrangements to collect the ballot from the voter either personally or by sending an authorized assistant, if all of the following conditions are satisfied:

(a) The clerk's office issued the absent voter ballot to that absent voter.

(b) Upon the clerk's request, the absent voter states that he or she is unable to return the absent voter ballot by the other means specified in instructions (a), (b), or (c) of Step 5 under section 764a.

(c) The absent voter telephones the appropriate clerk for assistance on or before 5 p.m. on the Friday immediately before the election.

(d) The absent voter requests the clerk to pick up the absent voter ballot within the jurisdictional limits of the city or township in which the absent voter is registered.

(5) Notwithstanding subsection (4), a clerk who receives a request from an absent voter under section 764a for assistance in returning his or her absent voter ballot may make arrangements to collect the ballot from the voter either personally or by sending an authorized assistant, if all of the following conditions are satisfied:

(a) The clerk's office issued the absent voter ballot to that absent voter.

(b) Upon the clerk's request, the absent voter states that he or she is unable to return the absent voter ballot by the other means specified in instructions (a), (b), or (c) of Step 5 under section 764a.

(6) The clerk shall maintain a list open to the public that contains the names and addresses of all authorized assistants appointed under this section who are available to collect absent voter ballots on or before election day in that city or township.

(7) An absent voter ballot received by the clerk before the close of the polls on election day must not be invalidated solely because the delivery to the clerk was not in compliance with section 764a or this section, however the ballot must be considered challenged and must be marked and processed as provided in section 745.The clerk of a city or township must record on each absent voter ballot return envelope whether the absent voter ballot return envelope was delivered personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk, or was delivered by the United States Postal Service or another public postal service, express mail service, parcel post service, or common carrier. If the absent voter ballot return envelope was delivered by the United States Postal Service or another public postal service, express mail service, parcel post service, or common carrier and that absent voter ballot return envelope does not contain a postmark, the city or township clerk must reject that absent voter ballot and that absent voter ballot must not be counted.

Sec. 764c. If a Each city or township has must have access to the ballot tracker program provided by this state, and the clerk of that each city or township shall must utilize the ballot tracker program and allow voters to track their absent voter ballots online.

Sec. 764d. (1) Notwithstanding any provision of law to the contrary and subject to subsections (2) and (12), not less than 75 days before the day of an election, the clerk of a city or township may do any of the following:
     (a) Enter into an agreement with the clerk of another city or township, or with the clerks of more than 1 city or township, located in the same county as that city or township to establish a combined absent voter counting board or combined absent voter counting boards to count the absent voter ballots for each participating city or township.
     (b) Enter into an agreement with the clerk of another city or township located in the same county that authorizes the clerk of 1 participating city or township to process and count the absent voter ballots for both participating entities by utilizing the absent voter counting board or absent voter counting boards of that participating city or township.
     (c) Enter into an agreement with the clerk of the county in which that city or township is located to establish an absent voter counting board or absent voter counting boards to count the absent voter ballots for that city or township. If a city or township has boundaries located in more than 1 county, the clerk of the city or township shall only enter into an agreement under this subdivision with the county clerk of the county in which the majority of the electors of the city or township reside.
     (2) Except as otherwise provided in this subsection, an absent voter counting board established under subsection (1) must not be used for the first time at a general November election. For the November 3, 2020 general November election, an absent voter counting board may be established under subsection (1) and used for the first time if either of the following occurs:
     (a) An agreement is entered into under subsection (1)(a) or (b) and at least 1 of the clerks participating in the agreement has previously operated an absent voter counting board.
     (b) An agreement is entered into under subsection (1)(c).
     (3) An agreement entered into under subsection (1)(b) or (c) must comply with the established approval procedures of the governing body of each county, city, or township involved, or if established approval procedures do not exist, the agreement must be approved by resolution of the governing body of that county, city, or township.
     (4) The bureau of elections shall do both of the following:
     (a) Develop model language to be used by county, city, and township clerks for agreements entered into under subsection (1).
     (b) Develop procedures to implement this section.
     (5) Except as otherwise provided in this subsection, if the clerk of a city or township enters into an agreement under subsection (1), the clerk of that city or township shall file the agreement with the county clerk of the county in which that city or township is located no later than 74 days before the election at which the agreement applies. For an election occurring before January 1, 2021, the clerk of a city or township who enters into an agreement under subsection (1) is not required to file the agreement with the county clerk if all of the following apply:
     (a) The electronic voting system used by the county can be programmed to accommodate an absent voter counting board formed under subsection (1).
     (b) The county clerk agrees that the electronic voting system used by the county can be altered after completion of the ballot programming.
     (c) The appropriate board of election commissioners publicly tests the electronic tabulating equipment as required under section 798.
     (6) If the clerk of a city or township enters into an agreement under subsection (1) and that agreement covers more than 1 election, the agreement must allow any participating clerk to terminate the agreement by giving 84 days' written notice to each of the other participating clerks. If the clerk terminating the agreement is a city or township clerk, the clerk must also file the notice of termination with the county clerk of the county in which that city or township is located no later than 2 business days after the date of termination. If the clerk terminating the agreement is a county clerk, the clerk must also file the notice of termination with the bureau of elections no later than 2 business days after the date of termination.
     (7) For a each combined absent voter counting board established under subsection (1)(a), all of the following apply:
     (a) The board of election commissioners of each participating city or township must appoint at least 1 election inspector to that combined absent voter counting board not less than 21 days or more than 40 days before the election at which those election inspectors are to be used. Sections 673a and 674 apply to the appointment of election inspectors to a each combined absent voter counting board.
     (b) The agreement entered into under subsection (1)(a) must designate the place for the each combined absent voter counting board to count the absent voter ballots. Section 662 applies to the designation and prescribing of the combined absent voter ballot counting place in which the each combined absent voter counting board performs its duties.
     (c) The agreement entered into under subsection (1)(a) must establish the time at which the election inspectors of the each combined absent voter counting board report for duty.
     (8) For an each absent voter counting board established under subsection (1)(c), all of the following apply:
     (a) The board of election commissioners of the city or township entering into an agreement under subsection (1)(c) shall appoint at least 1 election inspector to the absent voter counting board and the county board of election commissioners of that county shall appoint at least 1 election inspector to the absent voter counting board not less than 21 days or more than 40 days before the election at which those election inspectors are to be used. Sections 673a and 674 apply to the appointment of election inspectors to the each absent voter counting board.
     (b) In consultation with the parties to an agreement under subsection (1)(c), the county board of election commissioners shall designate the place for the each absent voter counting board to count the absent voter ballots. Section 662 applies to the designation and prescribing of the absent voter ballot counting place in which the each absent voter counting board performs its duties.
     (c) In consultation with the parties to an agreement under subsection (1)(c), the county board of election commissioners shall establish the time at which the election inspectors of the each absent voter counting board report for duty.
     (9) The election inspectors appointed to an absent voter counting board established under subsection (1) shall must comply with section 733(2) regarding election challengers.
     (10) If the clerk of a city or township enters into an agreement under subsection (1), any absent voter ballot received by that city or township clerk after 4 p.m. on the day before an election must not be delivered to the an absent voter counting board but must instead be delivered to the voting precinct of the elector on election day to be processed and counted.
     (11) The provisions of section 765a(8) to (13) apply to an each absent voter counting board established under subsection (1).
     (12) For an election occurring before January 1, 2021, the clerk of a city or township may enter into an agreement under subsection (1) not less than 23 days before the day of the election if all of the following apply:
     (a) The electronic voting system used by the county can be programmed to accommodate an absent voter counting board formed under subsection (1).
     (b) The county clerk agrees that the electronic voting system used by the county can be altered after completion of the ballot programming.
     (c) The appropriate board of election commissioners publicly tests the electronic tabulating equipment as required under section 798.
     (13) This section does not abrogate the duties or responsibilities of a city or township clerk for conducting elections under this act. In addition, this section does not provide any additional duties or responsibilities for the secretary of state for conducting elections under this act.
     Sec. 765. (1) Except as otherwise provided in subsection (6), a clerk who receives an absent voter ballot return envelope containing the marked ballots of an absent voter shall not open that envelope before delivering the envelope to the board of election inspectors as provided in this section. Except as otherwise provided in subsection (6), the city or township clerk shall safely keep in his or her office until election day any absent voter ballot return envelopes received by the clerk before election day containing the marked ballots of an absent voter. The city or township clerk must keep the absent voter ballot return envelopes containing the marked ballots of an absent voter in a container that meets all of the requirements for a ballot container described in section 24j(3).

(2) Before the opening of the polls on election day or as soon after the opening of the polls as possible, the clerk shall deliver the absent voter ballot return envelopes to the chairperson or other member of the board of election inspectors in the absent voter's precinct, together with the signed absent voter ballot applications received by the clerk from any voters of that precinct and the clerk's list or record kept relative to those absent voters. However, if higher numbered ballots are used under section 717, the clerk shall retain the applications and lists in his or her office and shall keep the applications and lists open to public inspection at all reasonable hours. Absent voter ballots must not be tabulated before the opening of the polls on election day.

(3) The city or township clerk, or authorized designee of the clerk, shall call for and receive absent voter ballots from the post office at which the city or township clerk regularly receives mail addressed to the city or township clerk on election day. Any envelopes containing absent voter ballots that are received from the post office or from voters who voted by absentee ballot in person in the clerk's office on election day must be delivered to the board of election inspectors or, except as otherwise provided in section 764d, the absent voter counting boards to be tabulated.

(4) If a marked absent voter ballot is received by the clerk after the close of the polls, the clerk shall plainly mark the envelope with the time and date of receipt and shall file the envelope in his or her office.

(5) On or before 8 a.m. on election day, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballots the clerk distributed to absent voters and the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk before election day and to be delivered to the board of election inspectors or the absent voter counting boards under this act. On or before 9 p.m. on election day, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk on election day and delivered to the board of election inspectors, under subsection (3), along with the total number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk both before and on election day and delivered to the board of election inspectors or the absent voter counting boards under this act. As soon as possible after all precincts in the city or township are processed, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the election inspectors at the precincts on election day, along with the total number of absent voter ballot return envelopes containing the marked ballots of absent voters received in the city or township for that election. This subsection applies only to elections in which a federal or state office appears on the ballot.

(6) For the November 3, 2020 general election only, if If the clerk of a city or township with a population of at least 25,000 provides written notice in compliance with this subsection to the secretary of state 20 days or more before election day, that city or township clerk, or his or her authorized designee, may between the hours of 10 a.m. and 8 p.m. on the day before election day perform certain absent voter ballot pre-processing activities as described in this subsection. The written notice provided to the secretary of state must include the location and hours that the absent voter ballot return envelopes will be opened in that city or township. The secretary of state shall post any written notice received from the clerk of a city or township under this subsection on the department of state website. In addition, the clerk of the city or township shall post the written notice provided to the secretary of state on the city or township website. The board of election commissioners shall appoint election inspectors to the location where absent voter ballot return envelopes will be opened in that city or township not less than 21 days or more than 40 days before the day at which they are to be used. Election inspectors may be appointed by the board of election commissioners under this subsection before written notice is provided to the secretary of state under this subsection. Sections 673a and 674 apply to the appointment of election inspectors under this subsection. All requirements for election inspectors appointed to an absent voter counting board under section 765a apply to election inspectors appointed under this subsection. At all times, at least 1 election inspector from each major political party must be present at the location and the policies and procedures adopted by the secretary of state regarding the handling of absent voter ballot return envelopes and absent voter ballot secrecy envelopes must be followed. After providing written notice to the secretary of state in compliance with this subsection, a city or township clerk, or his or her authorized designee, on the day before election day is only authorized to perform standard processing activities up to and including the opening of absent voter ballot return envelopes and the removal of absent voter ballot secrecy envelopes containing absent voter ballots and to verify that the ballot number on the ballot stub agrees with the ballot number on the absent voter ballot return envelope label. The city or township clerk, or his or her authorized designee, is not authorized to remove absent voter ballots from the absent voter ballot secrecy envelopes. If an opened absent voter ballot return envelope contains an absent voter ballot that is not contained in an absent voter ballot secrecy envelope, the city or township clerk, or his or her designee, shall immediately insert that absent voter ballot into an absent voter ballot secrecy envelope. The opening of absent voter ballot return envelopes must be done at a location designated by the city or township clerk, and the location and opening of absent voter ballot return envelopes must be accessible to challengers as described in section 730. The election inspectors appointed to the location where absent voter ballot return envelopes will be opened in that city or township must never leave the absent voter ballot secrecy envelopes unattended. Once the absent voter ballot return envelopes have been opened as provided in this subsection, the absent voter ballot secrecy envelopes containing the absent voter ballots to be counted must be stored, secured, and sealed in an absent voter ballot secrecy envelope container, as described in section 24k, or stored, secured, and sealed in a ballot container approved under section 24j. The city or township clerk shall record the seal number in the poll book, or an addendum to the poll book, and follow all other policies and procedures adopted by the secretary of state regarding absent voter ballots. The poll book, or an addendum to the poll book, must be signed and dated by 1 election inspector from each major political party who is present at the location on the day before election day. The city or township clerk shall store the absent voter ballot secrecy envelope container containing the absent voter ballot secrecy envelopes in a secure location until election day.

(7) The election inspectors who are appointed under subsection (6) shall record in the poll book, or an addendum to the poll book, all of the following:

(a) The number of absent voter ballot return envelopes that were opened on the day before election day.

(b) The number of absent voter ballot return envelopes delivered to the election inspectors that did not contain an elector's signature and that were returned to the city or township clerk.

(c) The number of absent voter ballot return envelopes that were challenged, not opened by the election inspectors, and set aside to be processed by the election inspectors on election day.

(8) The election inspectors who are appointed to an absent voter counting board on election day as provided in section 765a shall do all of the following:

(a) Verify the seal number recorded in the poll book, or an addendum to the poll book, for any absent voter ballot secrecy envelope container delivered to the absent voter counting board.

(b) Count and record in the poll book, or an addendum to the poll book, both of the following:

(i) The number of absent voter ballot return envelopes opened by the election inspectors on the day before election day as provided under subsection (6) and the number of absent voter ballot secrecy envelopes delivered to the absent voter counting board on election day.

(ii) The number of absent voter ballot return envelopes that were challenged, not opened by the election inspectors on the day before election day, and set aside to be processed by the election inspectors on election day.

(9) Not later than March 1, 2021, and not later than March 1 of every 2 years thereafter, the secretary of state shall provide a written report to the house and senate committees dealing with elections that contains all of the following information:

(a) The number of cities and townships that performed absent voter ballot pre-processing activities as described in subsection (6).

(b) The names of the cities and townships that performed absent voter ballot pre-processing activities as described in subsection (6), and all of the following information for each of those cities and townships:

(i) The number of registered electors in each city or township.

(ii) The number of active registered electors in each city or township.

(iii) The number of electors who voted by absent voter ballot in each city or township.

(iv) The number of electors who voted in person on election day in each city or township.

(v) The number of absent voter ballots that were not returned in each city or township.

(vi) The number of electors on a permanent absent voter list in each city or township, if applicable.

(vii) The number of ballots that had to be duplicated in each city or township.

(c) The total number of absent voter ballot return envelopes that were opened on the day before election day.

(d) The total number of absent voter ballot return envelopes delivered to the election inspectors that did not contain an elector's signature and that were returned to the city or township clerk.

(e) The total number of absent voter ballot return envelopes that were challenged, not opened by the election inspectors, and set aside to be processed by the election inspectors on election day.

(f) The total number of absent voter ballot secrecy envelopes that were stored in an absent voter ballot secrecy envelope container.

(g) For each city or township that performed absent voter ballot pre-processing activities as described in subsection (6), whether the number of absent voter ballot return envelopes opened on the day before election day matched the number of absent voter ballot secrecy envelopes delivered to the absent voter counting board on election day.

Sec. 765a. (1) Subject to section 764d, if a city or township decides to use absent voter counting boards, the board of election commissioners of that city or township shall establish an absent voter counting board for each election day precinct in that city or township. The ballot form of an absent voter counting board must correspond to the ballot form of the election day precinct for which it is established. After the polls close on election day, the county, city, or township clerk responsible for producing the accumulation report of the election results submitted by the boards of precinct election inspectors shall format the accumulation report to clearly indicate all of the following:

(a) The election day precinct returns.

(b) The corresponding absent voter counting board returns.

(c) A total of each election day precinct return and each corresponding absent voter counting board return.

(2) Subject to section 764d, the board of election commissioners shall establish the absent voter counting boards. Subject to section 764d, the board of election commissioners shall appoint the election inspectors to those absent voter counting boards not less than 21 days or more than 40 days before the election at which they are to be used. Sections 673a and 674 apply to the appointment of election inspectors to absent voter counting boards under this section. The board of election commissioners shall determine the number of ballots that may be expeditiously counted by an absent voter counting board in a reasonable period of time, taking into consideration the size and complexity of the ballot to be counted pursuant to the guidelines of the secretary of state. Combined ballots must be regarded as the number of ballots as there are sections to the ballot.

(3) If more than 1 absent voter counting board is to be used, the city or township clerk shall determine the number of electronic voting systems or the number of ballot boxes and the number of election inspectors to be used in each of the absent voter counting boards and to which absent voter counting board the absent voter ballots for each precinct are assigned for counting.

(4) In a city or township that uses absent voter counting boards under this section, absent voter ballots must be counted in the manner provided in this section and, except as otherwise provided in section 764d, absent voter ballots must not be delivered to the polling places. Subject to section 764d, the board of election commissioners shall provide a place for each absent voter counting board to count the absent voter ballots. Section 662 applies to the designation and prescribing of the absent voter counting place or places in which the absent voter counting board performs its duties under this section, except the location may be in a different jurisdiction if the county provides a tabulator for use at a central absent voter counting board location in that county. The places must be designated as absent voter counting places. Except as otherwise provided in this section, laws relating to paper ballot precincts, including laws relating to the appointment of election inspectors, apply to absent voter counting places. The provisions of this section relating to placing of absent voter ballots on electronic voting systems apply. More than 1 absent voter counting board may be located in 1 building.

(5) The clerk of a city or township that uses absent voter counting boards shall supply each absent voter counting board with supplies necessary to carry out its duties under this act. The supplies must be furnished to the city or township clerk in the same manner and by the same persons or agencies as for other precincts.

(6) Subject to section 764d, absent voter ballots received by the clerk before election day must be delivered to the absent voter counting board by the clerk or the clerk's authorized assistant at the time the election inspectors of the absent voter counting boards report for duty, which time must be established by the board of election commissioners. Except as otherwise provided in section 764d, absent voter ballots received by the clerk before the time set for the closing of the polls on election day must be delivered to the absent voter counting boards. Except as otherwise provided in section 765(6), absent voter ballots must be delivered to the absent voter counting boards or combined absent voter counting boards in the sealed absent voter ballot return envelopes in which they were returned to the clerk. Written or stamped on each of the return envelopes must be the time and the date that the envelope was received by the clerk and a statement by the clerk that the signatures of the absent voters on the envelopes have been checked and found to agree with the signatures of the voters on the registration cards or the digitized signatures of voters contained in the qualified voter file as provided under section 766. If it is determined after 8 p.m. on the day before election day that a signature on the registration card or a digitized signature contained in the qualified voter file and on the absent voter ballot return envelope does not agree as provided under section 766, if it is determined after 8 p.m. on the day before election day that the absent voter failed to sign the envelope, or if the statement of the absent voter is not properly executed, the clerk shall mark the envelope "rejected" and the reason for the rejection and shall place his or her name under the notation. An envelope marked "rejected" must not be delivered to the absent voter counting board or combined absent voter counting board but must be preserved by the clerk until other ballots are destroyed in the manner provided in this act. If before 8 p.m. on the day before election day the clerk of a city or township rejects an absent voter ballot return envelope because the signature on the absent voter ballot return envelope does not agree sufficiently with the signature on the master card or the digitized signature contained in the qualified voter file so as to identify the elector or because the elector failed to sign the absent voter ballot return envelope, the city or township clerk shall as soon as practicable, but in no event later than 48 hours after determining the signatures do not agree sufficiently or that the signature is missing, or by 8 p.m. on the day before election day, whichever occurs first, notify the elector of the rejection by mail, telephone, or electronic mail. The clerk shall also comply with section 765(5).

(7) This chapter does not prohibit an absent voter from voting in person within the voter's precinct at an election, notwithstanding that the voter may have applied for an absent voter ballot and the ballot may have been mailed or otherwise delivered to the voter. The voter, the election inspectors, and other election officials shall proceed in the manner prescribed in section 769. The clerk shall preserve the canceled ballots for 2 years.

(8) The absent voter counting boards and combined absent voter counting boards shall process the ballots and returns in as nearly as possible the same manner as ballots are processed in paper ballot precincts. The poll book may be combined with the absent voter list or record required by section 760, and the applications for absent voter ballots may be used as the poll list. The processing and tallying of absent voter ballots may commence at 7 a.m. on the day of the election. The tabulation of absent voter ballots by an absent voter counting board or combined absent voter counting board is subject to section 801b.

(9) An election inspector, challenger, or any other person in attendance at an absent voter counting place or combined absent voter counting place at any time after the processing of ballots has begun shall take and sign the following oath that may be administered by the chairperson or a member of the absent voter counting board or combined absent voter counting board: "I (name of person taking oath) do solemnly swear (or affirm) that I shall not communicate in any way any information relative to the processing or tallying of votes that may come to me while in this counting place until after the polls are closed.".

(10) The oaths administered under subsection (9) must be placed in an envelope provided for the purpose and sealed with the red state seal. Following the election, the oaths must be delivered to the city or township clerk. Except as otherwise provided in subsection (12), a person in attendance at the absent voter counting place or combined absent voter counting place shall not leave the counting place after the tallying has begun until the polls close. Subject to this subsection, the clerk of a city or township may allow the election inspectors appointed to an absent voter counting board in that city or township to work in shifts. A second or subsequent shift of election inspectors appointed for an absent voter counting board may begin that shift at any time on election day as provided by the city or township clerk. However, an election inspector shall not leave the absent voter counting place after the tallying has begun until the polls close. If the election inspectors appointed to an absent voter counting board are authorized to work in shifts, at no time shall there be a gap between shifts and the election inspectors must never leave the absent voter ballots unattended. At all times, at least 1 election inspector from each major political party must be present at the absent voter counting place and the policies and procedures adopted by the secretary of state regarding the counting of absent voter ballots must be followed. A person who causes the polls to be closed or who discloses an election result or in any manner characterizes how any ballot being counted has been voted in a voting precinct before the time the polls can be legally closed on election day is guilty of a felony.

(11) Voted absent voter ballots must be placed in an approved ballot container, and the ballot container must be sealed in the manner provided by this act for paper ballot precincts. The seal numbers must be recorded on the statement sheet and in the poll book.

(12) Subject to this subsection, a local election official who has established an absent voter counting board or combined absent voter counting board, the deputy or employee of that local election official, an employee of the state bureau of elections, a county clerk, an employee of a county clerk, or a representative of a voting equipment company may enter and leave an absent voter counting board or combined absent voter counting board after the tally has begun but before the polls close. A person described in this subsection may enter an absent voter counting board or combined absent voter counting board only for the purpose of responding to an inquiry from an election inspector or a challenger or providing instructions on the operation of the counting board. Before entering an absent voter counting board or combined absent voter counting board, a person described in this subsection must take and sign the oath prescribed in subsection (9). The chairperson of the absent voter counting board or combined absent voter counting board shall record in the poll book the name of a person described in this subsection who enters the absent voter counting board or combined absent voter counting board. A person described in this subsection who enters an absent voter counting board or combined absent voter counting board and who discloses an election result or in any manner characterizes how any ballot being counted has been voted in a precinct before the time the polls can be legally closed on election day is guilty of a felony. As used in this subsection, "local election official" means a county, city, or township clerk.

(13) The secretary of state shall develop instructions consistent with this act for the conduct of absent voter counting boards or combined absent voter counting boards. The secretary of state shall distribute the instructions developed under this subsection to county, city, and township clerks 40 days or more before a general election in which absent voter counting boards or combined absent voter counting boards will be used. A county, city, or township clerk shall make the instructions developed under this subsection available to the public and shall distribute the instructions to each challenger in attendance at an absent voter counting board or combined absent voter counting board. The instructions developed under this subsection are binding upon the operation of an absent voter counting board or combined absent voter counting board used in an election conducted by a county, city, or township.

(14) At any absent voter counting board, an election inspector, election challenger, or poll watcher is authorized to use a camera or video camera to photograph or videotape the proceedings of the absent voter counting board.

(15) At least 14 days before an election at which an absent voter counting board will be used by a city or township, the clerk of that city or township must post public notice at the city or township clerk's office, and at any other location considered appropriate by the city or township clerk, of the date, time, and location that each absent voter counting board will meet, including, but not limited to, the date, time, and location that each absent voter ballot counting board will meet to verify signatures on absent voter ballot return envelopes.

Sec. 766. (1) Upon receipt from the city or township clerk of any envelope containing the marked ballot or ballots of an absent voter, the board of inspectors of election shall verify the legality of the vote by doing both of the following:

(a) Examining the digitized signature for the absent voter included in the qualified voter file under section 509q or the registration record as provided in subsection (2) to see that the person individual has not voted in person, that he or she is a registered voter, elector, and that the signature on the statement agrees with the signature on the registration record.

(b) Examining the statement of the voter to see that it is properly executed.

(2) The qualified voter file must be used to determine the genuineness of a signature on an envelope containing an absent voter ballot. Signature comparisons must be made with the digitized signature in the qualified voter file. If the qualified voter file does not contain a digitized signature of an elector, or is not accessible to the clerk, the city or township clerk shall compare the signature appearing on an envelope containing an absent voter ballot to the signature contained on the master card.

(3) The time and location at which the signature verification process described in this section occurs must be open to election challengers and poll watchers.

Sec. 795. (1) An electronic voting system acquired or used under sections 794 to 799a must meet all of the following requirements:

(a) Provide for voting in secrecy, except in the case of voters who receive assistance as provided by this act.

(b) Utilize a paper ballot for tabulating purposes.

(c) Permit each elector to vote at an election for all persons individuals and offices for whom and for which the elector is lawfully entitled to vote; to vote for as many persons individuals for an office as the elector is entitled to vote for; and to vote for or against any question upon which the elector is entitled to vote. Except as otherwise provided in this subdivision, the electronic tabulating equipment must reject all choices recorded on the elector's ballot for an office or a question if the number of choices exceeds the number that the elector is entitled to vote for on that office or question. Electronic tabulating equipment that can detect that the choices recorded on an elector's ballot for an office or a question exceeds the number that the elector is entitled to vote for on that office or question must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.

(d) Permit an elector, at a presidential election, by a single selection to vote for the candidates of a party for president, vice-president, President, Vice President, and presidential electors.

(e) Permit an elector in a primary election to vote for the candidates in the party primary of the elector's choice. Except as otherwise provided in this subdivision, the electronic tabulating equipment must reject each ballot on which votes are cast for candidates of more than 1 political party. Electronic tabulating equipment that can detect that the elector has voted for candidates of more than 1 political party must be located at each polling place and programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this subdivision, an elector must be given the opportunity to have that ballot considered a spoiled ballot and to vote another ballot.

(f) Prevent an elector from voting for the same person individual more than once for the same office.

(g) Reject a ballot on which no valid vote is cast. Electronic tabulating equipment must be programmed to reject a ballot on which no valid vote is cast.

(h) Be suitably designed for the purpose used; be durably constructed; and be designed to provide for safety, accuracy, and efficiency.

(i) Be designed to accommodate the needs of an elderly voter or a person an individual with 1 or more disabilities.

(j) Record correctly and count accurately each vote properly cast.

(k) Provide an audit trail.

(l) Provide an acceptable method for an elector to vote for a person an individual whose name does not appear on the ballot.

(m) Allow for accumulation of vote totals from the precincts in the jurisdiction. The Subject to subdivision (o), the accumulation software must meet specifications prescribed by the secretary of state and must be certified by the secretary of state as meeting these specifications.

(n) Be compatible with or include at least 1 voting device that is accessible for an individual with disabilities to vote in a manner that provides the same opportunity for access and participation, including secrecy and independence, as provided for other voters. The voting device must include nonvisual accessibility for the blind and visually impaired.

(o) Be incapable of connecting to or operating on the internet.

(2) Electronic tabulating equipment that counts votes at the precinct before the close of the polls must provide a method for rendering the equipment inoperable if vote totals are revealed before the close of the polls. Electronic tabulating equipment that tabulates ballots, including absentee ballots, at a central location must be programmed to reject a ballot if the choices recorded on an elector's ballot for an office or a question exceed the number that the elector is entitled to vote for on that office or question, if no valid choices are recorded on an elector's ballot, or if, in a primary election, votes are recorded for candidates of more than 1 political party.

(3) Each jurisdiction in this state conducting an election shall equip each polling place with at least 1 accessible voting device as required under subsection (1)(n).

Sec. 801a. (1) Subject to subsection (2), at any precinct, absent voter counting board, or other location where votes are tabulated for an election, an election inspector, election challenger, or poll watcher is authorized, only when votes are being tabulated, to use a camera or video camera, including, but not limited to, a cellular telephone camera, to photograph or videotape, or both, the tabulating of votes at that precinct, absent voter counting board, or other location.
     (2) An election inspector, election challenger, or poll watcher is only authorized under subsection (1) to use a camera or video camera to photograph or videotape the tabulating of votes at a precinct, absent voter counting board, or other location, and is not authorized to use a camera or video camera to photograph or videotape any of the following:
     (a) An elector entering, leaving, or voting at a precinct or other location.
     (b) The personal identification of an elector.
     (3) An individual shall not threaten, intimidate, impede, or prevent an election inspector, election challenger, or poll watcher while photographing or videotaping the tabulating of votes as authorized under subsection (1).
     (4) An individual who violates subsection (2) or (3) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
     Sec. 801b. (1) For any election involving a statewide office, a legislative office, or a county office, the county, city, or township clerk may provide live video coverage of the custody of all ballots while the ballots are present in the tabulation room of a precinct, absent voter counting board, or combined absent voter counting board. If live video coverage is provided by a county, city, or township, the live video coverage must be recorded and include date and time indicators. The county, city, or township clerk must make the recording of any live video coverage available for 40 days on the county, city, or township website. In addition, the secretary of state may make the recording of any live video coverage under this section available on the secretary of state website.
     (2) The county, city, or township clerk must retain the recordings of the live video coverage from each precinct, absent voter counting board, and combined absent voter counting board as a public record for 40 days after the election.
     (3) If the feed of the live video coverage under subsection (1) is disrupted or disabled, the county, city, or township clerk is not liable for the disruption, but the clerk must attempt to reinstate the live video coverage as soon as practical.
     (4) Any disruption in the live video coverage does not affect or prevent the continued tabulation of the ballots in the precinct, absent voter counting board, or combined absent voter counting board.
     Sec. 811. (1) All election returns, including poll lists, statements, tally sheets, absent voters' return envelopes bearing the statement required by section 761, absent voters' records required by section 760, and other returns made by the inspectors of election of the several precincts must be carefully preserved and may be destroyed after the expiration of 2 years following the date of the primary or election at which the same were used.

(2) All applications executed under section 523, all voter registration applications executed by applicants under section 497(3) and (4), and all absent voters' applications must be carefully preserved and may be destroyed after the expiration of 6 years following the date of the primary or election at which those applications were executed.

(3) All ballots used at any primary or election may be destroyed after 30 180 days following the final determination of the board of canvassers with respect to the primary or election unless a petition for recount has been filed and not completed or unless their the destruction of the ballots is stayed by an order of a court.

Sec. 813. (1) Within 6 days after an election, for each provisional ballot that was placed in a provisional ballot return envelope, the city or township clerk shall determine whether the individual voting the provisional ballot was eligible to vote a ballot and whether to tabulate the provisional ballot. In making this determination, the city or township clerk shall not open the provisional ballot return envelope. A provisional ballot must only be tabulated if a valid voter registration record for the elector is located verified by the elector or if the identity and residence of the elector is established by the elector using identification for election purposes, along with a current utility bill, bank statement, paycheck, government check, or other government document to establish the voter's current residence address if the identification for election purposes used by the elector does not contain the voter's current residence address. Before the provisional ballot is tabulated, election officials shall process the ballot as a challenged ballot under sections 745 and 746.
     (2) Within 7 days after an election, but sooner if practicable, the city or township clerk shall transmit the results of provisional ballots tabulated after the election to the board of county canvassers. The results must be transmitted in a form prescribed by the secretary of state.
     (3) Within 7 days after an election, the city or township clerk shall transmit to the county clerk a provisional ballot report for each precinct in the jurisdiction. The report must include for each precinct the number of provisional ballots issued, the number of provisional ballots tabulated on election day, the number of provisional ballots forwarded to the clerk to be determined after the election, the number of provisional ballots tabulated by the clerk after election day, and any additional information concerning provisional ballots as required by the secretary of state.
     (4) Within 7 days after an election, the city or township clerk shall transmit to the county clerk an affidavit report that includes the number of affidavits signed by voters under section 523(2). The affidavit report must be transmitted to the county clerk in a form prescribed by the secretary of state.
     (4) (5) Within 7 days after an election, the city or township clerk shall ensure that the qualified voter file is current and includes any individual who registered to vote under section 497(3) and (4).
     Sec. 822. (1) The board of county canvassers shall then proceed without delay to canvass the returns of votes cast for all candidates for offices voted for and all questions voted on at the election, according to the precinct returns filed with the probate judge or presiding probate judge by the several city and township clerks, or in case of for local elections according to the precinct returns filed with the county clerk, and must conclude the canvass at the earliest possible time and in every case no later than the fourteenth twenty-first day after the election.

(2) If 5% or more of the precincts in a county are out of balance, and each of those precincts are out of balance by more than 1 vote, the board of county canvassers for that county must not certify the results of any election for any officer or proposition in that county.

(3) (2) If the board of county canvassers fails to certify the results of any election for any officer or proposition by the fourteenth twenty-first day after the election as provided in subsection (1) or (2), the board of county canvassers shall immediately deliver to the secretary of the board of state canvassers all records and other information pertaining to the election. The board of state canvassers shall meet immediately and make the necessary determinations and certify the results within the 10 days immediately following the receipt of the records from the board of county canvassers. The cost of the canvass must be borne by the county involved.

Sec. 829. (1) The board of county canvassers shall include the results of the tabulated provisional ballots in the canvass of the election following procedures prescribed by the secretary of state designed to maintain the secrecy of the ballot.
     (2) Within 14 days after a primary or election, the county clerk shall transmit a county provisional ballot report to the secretary of state. The county provisional ballot report must be in a manner prescribed by the secretary of state. After the secretary of state receives a county provisional ballot report, the county provisional ballot report must be immediately available for public inspection.
     (3) Within 14 days after an election, the county clerk shall transmit a county affidavit report to the secretary of state. The county affidavit report must include the number of affidavits signed by voters under section 523(2). The county affidavit report must be transmitted in a form prescribed by the secretary of state. After the secretary of state receives the county affidavit report from the county clerk, the county affidavit report must immediately be available for public inspection.
     (3) (4) Within 14 days after an election, the secretary of state shall transmit to the house and senate committees dealing with elections a voter registration application report that includes the number of voter registration applications executed by applicants under section 497(3) and (4).
     Sec. 841a. If, before the board of state canvassers completes the canvass and announces their determination of an election, a member of a board of county canvassers affirms in a signed affidavit to the board of state canvassers that his or her vote on certification was made under duress, that member of the board of county canvassers may rescind his or her vote on certification. If the change in vote by that member of the board of county canvassers would reverse the certification of the county election results, the certification of those county election results must be rescinded.

Sec. 842. (1) The board of state canvassers, for the purpose of canvassing the returns and ascertaining and determining the result of an election, shall meet at the office of the secretary of state on or before the twentieth twenty-second day after the election. The secretary of state shall appoint the day of the meeting and shall notify the other members of the board. The board has the power to adjourn from time to time to await the receipt or correction of returns, or for other necessary purposes, but shall complete the canvass and announce their determination not later than the fortieth day after the election. The board may at the time of its meeting, or an adjournment of its meeting, canvass the returns for any office for which the complete returns have been received.
     (2) If the unofficial election returns show that the election of electors of President and Vice President of the United States is determined by a vote differential between the first place and second place candidates for President and Vice President of the United States of less than 25,000 votes, the secretary of state shall direct the boards of county canvassers to canvass returns for electors of President and Vice President of the United States on an expedited schedule. The secretary of state may direct the boards of county canvassers to complete the statements for electors of President and Vice President of the United States required by section 824 and certify the statements as required by section 828 to the secretary of state by the seventh day after the election or by a date before the fourteenth twenty-first day after the election.
     (3) The secretary of state may appoint the day for the board of state canvassers to conduct the expedited canvass of the returns for electors of President and Vice President of the United States and determine the results of that election. The day appointed for the expedited canvass must be as soon as practicable after receipt of the returns from the boards of county canvassers, but no later than the twentieth twenty-second day after the election.

Sec. 847. (1) The secretary of state may authorize the release of all ballots, ballot boxes, voting machines, and equipment after 30 days following certification of an election by the board of state canvassers in a precinct other than a precinct in which 1 or more of the following occur:

(a) A petition for recount has been filed with the board of state canvassers.

(b) A petition has been filed pursuant to under section 879.

(c) A court of competent jurisdiction has issued an order restraining interference with ballots, ballot boxes, voting machines, and equipment.

(2) All ballots used at a primary or election must be retained and may only be destroyed after 180 days following the final determination of the board of canvassers with respect to the primary or election unless a petition for recount has been filed and not completed or unless the destruction of the ballots is stayed by an order of a court.

Sec. 862. (1) A candidate for office who believes he or she is aggrieved on account of fraud or mistake in the canvass or returns of the votes by the election inspectors may petition for a recount of the votes cast for that office in any precinct or precincts as provided in this chapter. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election.

(2) The county chairperson of a major political party may petition for the recount of votes on behalf of 1 candidate in 1 precinct in that county. The petition must be signed by the county chairperson of the major political party filing the petition under this subsection. The county chairperson of a major political party filing a petition under this subsection must deposit the sum of money required under section 867.

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 receive 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. If the recount is done as an informational recount as provided under section 871(5) and not done to change the result of the election, 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 the 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 voting 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 the precinct shall be taken as correct.
     (2) (4) A board of canvassers conducting a recount pursuant to 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 must use another means prescribed in subsection (4) (2) to conduct the recount.
     (4) If the number of ballots to be recounted in a precinct and the number of ballots issued on election day as shown on the poll list or computer printout for that precinct do not match, but the difference is only 1 ballot, that precinct can be recounted and that recount can be used to change the result of the election.

(5) If the number of ballots to be recounted in a precinct and the number of ballots issued on election day as shown on the boll list or computer printout for that precinct do not match, and the difference is more than 1 ballot, that precinct can only be recounted for informational purposes and that informational recount cannot be used to change the result of the election except by a court of competent jurisdiction.

Sec. 874. (1) Pursuant to this chapter, Except as otherwise provided in this section, 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. If a recount is done as an informational recount as provided under section 871(5), the board of canvassers conducting the informational recount shall accept all previous returns from the precincts, townships, or wards. 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 Except as otherwise provided in this subsection, 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. Upon completion of an informational recount, the board of canvassers shall record those results, but those results must only be used for informational purposes and must not be used to change the result of the election except by a court of competent jurisdiction.

(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 recounts 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. If the recount is done as an informational recount as provided under section 871(5) and not done to change the result of the election, 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.

Sec. 946. (1) An election official shall not accept from an individual or entity, either directly or indirectly, any of the following:
     (a) A gift of money or other consideration for the administering of an election.
     (b) A gift of property or goods for the administering of an election.
     (2) An election official who violates this section and who does not return the gift described in subsection (1)(a) or (b) to the individual or entity within 30 days after receiving that gift is guilty of a felony punishable by imprisonment for not more than 2 years.
     (3) As used in this section, "election official" means any of the following:
     (a) The secretary of state.
     (b) A county, city, or township clerk.
     (c) A member of a board of election commissioners.
     Sec. 946a. (1) This state, a department, agency, commission, or board of this state, or a county, city, village, or township shall not accept from an individual or entity, either directly or indirectly, a gift of money or other consideration to be used for an election related activity or for election related equipment.
     (2) As used in this section:
     (a) "Election related activity" includes, but is not limited to, voter registration, voter eligibility review, mailing of election materials, sharing of voter information, creation or dissemination of advertisements about an election, or recruiting and hiring precinct election inspectors.
     (b) "Election related equipment" includes, but is not limited to, tabulators, communication devices, signs, tents, voting facilities or locations, or absent voter ballot drop boxes.