1 chapters · 894 sections in this title.
Mich. Comp. Laws § 168.762 Absent voter ballots; failure to receive application.
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Sec. 762. If from any precinct the township or city clerk does not receive any application for absent voter ballots, the clerk shall deliver the packages of absent voter ballots intact to the chairperson or some member of the board of election inspectors of the precinct before th…
Mich. Comp. Laws § 168.764 Absent voter ballot; instructions.
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Sec. 764. In addition to the instructions provided to an absent voter under section 764a, the following ballot marking instructions for an absent voter concerning the method of voting shall be included with each absent voter ballot furnished an absent voter: (a) For a primary ele…
Mich. Comp. Laws § 168.764a Instructions for absent voters and absent uniformed services voters or overseas voters.
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Sec. 764a. (1) Subject to subsections (2) and (3), 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 v…
Mich. Comp. Laws § 168.764b Delivery, tabulation, and acceptance of absent voter ballots; appointment, oath, credentials, and duties of assistants; collection of absent voter ballots; prohibition; noncompliance.
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Sec. 764b. (1) An absent voter ballot must be delivered to the clerk, or tabulated at an election day polling place or early voting site as provided under section 768a, only as authorized in the instructions for an absent voter provided in section 764a. (2) The clerk of a city or…
Mich. Comp. Laws § 168.764c Electronic tracking system; tracking absent voter ballot applications and ballots; notifications; confidentiality.
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Sec. 764c. (1) The secretary of state shall establish, acquire, or approve an electronic tracking system that allows each elector who applies to vote by absent voter ballot at an election to track, on a website or mobile application, that elector's absent voter ballot application…
Mich. Comp. Laws § 168.764d Combined absent voter counting board; establishment and agreement; requirements; duties of the bureau of elections.
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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 cit…
Mich. Comp. Laws § 168.765 Absent voter ballot return envelopes; safekeeping by clerk; delivery of envelopes; review and verification of signatures for tabulation; absent voter counting board; voter ballot received after polls closed.
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Sec. 765. (1) The clerk of a city or township who receives an absent voter ballot return envelope containing the marked ballot of an absent voter shall not open that sealed absent voter ballot return envelope and shall safely keep the sealed absent voter ballot return envelopes i…
Mich. Comp. Laws § 168.765a Absent voter counting board; processing and tabulating of ballots before election; written notice; instructions and procedures; prohibition of photography or recording within counting place; violations; penalties.
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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 ball…
Mich. Comp. Laws § 168.765b Procedure to spoil absent voter ballot.
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Sec. 765b. (1) Not later than 5 p.m. on the second Friday before an election, an elector may submit a signed, written statement to the elector's city or township clerk requesting that the clerk do both of the following: (a) Spoil the elector's absent voter ballot. (b) Provide or …
Mich. Comp. Laws § 168.765c Damaged or defective absent voter ballot; duplicate copy.
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Sec. 765c. If an absent voter ballot is damaged or defective so that the absent voter ballot cannot be properly counted by the electronic tabulating equipment, a true duplicate copy of that absent voter ballot must be made by the election inspectors from different political parti…
Mich. Comp. Laws § 168.766 Marked ballot of an absent voter; verification; approval or rejection; opportunity to cure.
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Sec. 766. (1) On receipt of any envelope containing the marked ballot of an absent voter, the city or township clerk shall determine whether the ballot is approved for tabulation by verifying both of the following: (a) The elector is a registered elector and has not voted in pers…
Mich. Comp. Laws § 168.766a Verification of signature; rejection of ballot; opportunity to cure; manner; notice; "signature on file" defined.
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Sec. 766a. (1) A clerk may determine that a signature on an elector's absent voter ballot application or absent voter ballot envelope does not agree sufficiently with the signature on file only after reviewing the signature using the process set forth in this section. (2) An elec…
Mich. Comp. Laws § 168.766b Verification or rejection of absent voter ballot application or return envelope; timing based on date of election; date of receipt.
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Sec. 766b. (1) Beginning 45 days before an election, if an absent voter ballot application or an absent voter ballot return envelope is received 6 or more calendar days before an election, the clerk must make a reasonable effort to verify or reject the absent voter ballot applica…
Mich. Comp. Laws § 168.768 Absent voters' ballots; verification and preparation for tabulation procedures.
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Sec. 768. The board of election inspectors shall verify that there is an elector's signature on the absent voter ballot return envelope and that the statement on the absent voter ballot return envelope that the ballot is approved for tabulation is complete. If the elector's signa…
Mich. Comp. Laws § 168.768a Absent voter ballot drop off; instructions.
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Sec. 768a. (1) Except as otherwise provided under subsection (4), an absent voter may take the absent voter's marked absent voter ballot to the absent voter's election day polling place or to an appropriate early voting site during the early voting period as provided under sectio…
Mich. Comp. Laws § 168.769 Absent voter ballots; voting in person; return of ballot; voting in person and absent voter ballot as felony; report.
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Sec. 769. (1) An absent voter may vote in person within the absent voter's precinct at an election, notwithstanding that the absent voter applies for an absent voter ballot and the absent voter ballot is mailed or otherwise delivered to the absent voter by the clerk. This subsect…
Mich. Comp. Laws § 168.77 Secretary of state and attorney general; certificate of determination by board of state canvassers.
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Sec. 77. The board of state canvassers shall determine which candidates for the offices of secretary of state and attorney general have received the greatest number of votes and shall declare such candidates to be duly elected. The said board shall forthwith make and subscribe on…
Mich. Comp. Laws § 168.78 Secretary of state and attorney general; certificate of election.
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Sec. 78. The secretary of state shall file in his office and preserve the original statements and determination of the board of state canvassers of the results of the election and shall forthwith execute and cause to be delivered to the persons thereby declared to be elected to t…
Mich. Comp. Laws § 168.79 Secretary of state and attorney general; terms of office.
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Sec. 79. The terms of office of the secretary of state and attorney general shall commence at 12 noon on January 1 next following the election, and shall continue until a successor is elected and qualified. The terms of office of the secretary of state and attorney general electe…
Mich. Comp. Laws § 168.794 Definitions used in MCL 168.794 to 168.799a.
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Sec. 794. As used in sections 794 to 799a: (a) "Audit trail" means a record of the votes cast by each voter that can be printed, recorded, or visually reviewed after the polls are closed. The record shall not allow for the identification of the voter. (b) "Ballot" means a card, b…
Mich. Comp. Laws § 168.794a Electronic voting system; authorization; acquisition; abandonment; use; accuracy test; applicability of subsections (1) and (2).
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Sec. 794a. (1) Subject to this section, the board of commissioners of a county, the legislative body of a city or village, the township board of a township, or the school board of a school district, by a majority vote, may authorize, acquire by purchase, lease, or otherwise, adop…
Mich. Comp. Laws § 168.794b Electronic voting system; manner of payment.
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Sec. 794b. If federal funding or state funding is not available, the board of commissioners of a county, the legislative body of a city, or the township board of a township, on the adoption and acquisition of an electronic voting system, shall provide for all or the balance of th…
Mich. Comp. Laws § 168.794c Applicability and construction of provisions; rules.
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Sec. 794c. The provisions of sections 794 to 799a control with respect to elections where electronic voting systems are used, and shall be liberally construed so as to carry out the purpose of the provisions. A provision of law relating to the conduct of elections that conflicts …
Mich. Comp. Laws § 168.795 Electronic voting system; requirements; method for rendering electronic tabulating equipment inoperable; equipping each polling place with accessible voting device.
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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 tabula…
Mich. Comp. Laws § 168.795a Electronic voting system; approval by board of state canvassers; conditions; approval of improvement or change; inapplicability of subsection (1); intent to purchase statement; instruction in operation and use; disapproval.
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Sec. 795a. (1) An electronic voting system shall not be used in an election unless it is approved by the board of state canvassers as meeting the requirements of sections 794 and 795 and instructions regarding recounts of ballots cast on that electronic voting system that have be…
Mich. Comp. Laws § 168.795b Printing or displaying ballot labels, questions, office titles, and names of candidates; columns, pages, and directional signs; ballot stub.
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Sec. 795b. (1) Ballot labels must be printed or displayed in plain, clear, black type on white surface. Questions may be printed or displayed on red tinted surface and the names of candidates for nonpartisan offices on blue tinted surface. County questions may be printed or displ…
Mich. Comp. Laws § 168.795c Indicating different parts of ballot on ballot label; placement of parts; 2 or more elections on same day; partisan elections; straight party ticket vote prohibited; appropriation.
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Sec. 795c. The different parts of the ballot, such as partisan, nonpartisan, and questions, must be prominently indicated on the ballot label, and, if practicable, each part may be placed on a separate page, column, or display. If 2 or more elections are held on the same day, the…
Mich. Comp. Laws § 168.796 Sample ballots.
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Sec. 796. Sample ballots, which shall be facsimile copies of the official ballot or ballot labels, shall be provided as required by law. At least 2 copies shall be posted in each polling place on election day. Sample ballots may be printed on a single page or on a number of pages…
Mich. Comp. Laws § 168.796a Electronic voting system; preparation for election; equipment and supplies; voting stations.
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Sec. 796a. (1) Before an election at which an electronic voting system is used, the board of election commissioners of the county, city, village, township, or school district shall have the system prepared for the election. The board shall provide the election board of each votin…
Mich. Comp. Laws § 168.797 Inspectors of election; duties; certification of equipment operation.
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Sec. 797. Not less than 30 minutes before the opening of the polls, the inspectors of election shall arrive at the polling place and prepare the polling place for voting. The inspectors of election shall determine that the correct ballot has been provided to the precinct by compa…
Mich. Comp. Laws § 168.797a Instruction in method of voting on electronic voting system; use of ballot processed through electronic tabulating equipment; procedure; detached stub; spoiled ballot; processing of challenged voter ballot; removal of ballot.
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Sec. 797a. (1) Before entering the voting station, each elector must be offered instruction in the proper method of voting on the electronic voting system. If the elector needs additional instruction after entering the voting station, 2 election inspectors from different politica…
Mich. Comp. Laws § 168.797b Rules.
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Sec. 797b. The secretary of state shall promulgate rules pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws, governing the tabulation of ballots, certification of results, de…
Mich. Comp. Laws § 168.797c Computer program; disposition and use of source code.
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Sec. 797c. A person or company providing a computer program that examines, counts, tabulates, and prints results of the votes cast by a voter on an electronic voting system shall place in an escrow account a copy of the source code of the program and any subsequent revisions or m…
Mich. Comp. Laws § 168.798 Testing of electronic tabulating equipment; notice; method; sealing programs, test materials, and ballots; rules; sealing memory device.
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Sec. 798. (1) Before beginning the count of ballots, the board of election commissioners shall test the electronic tabulating equipment to determine if the electronic tabulating equipment will accurately count the votes cast for all offices and on all questions. Public notice of …
Mich. Comp. Laws § 168.798a Separate counting center; direction and conduct of proceedings; method.
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Sec. 798a. If a separate counting center is used, all proceedings shall be under the direction of the clerk or authorized assistants. The proceedings shall be conducted under observation by the public, but no persons except those authorized shall touch a ballot or return. Persons…
Mich. Comp. Laws § 168.798b Electronic tabulating equipment; unofficial and official returns; manual count; accumulation report.
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Sec. 798b. (1) The county clerk may conduct an unofficial count in order to provide early unofficial returns to the public. Upon completion of the count, the official returns shall be open to the public. The return of the electronic tabulating equipment, to which have been added …
Mich. Comp. Laws § 168.798c Casting absentee votes on paper ballots or ballot cards; count; recording; voting and processing absent voters' ballots; inspection of rejected ballot.
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Sec. 798c. (1) Absentee votes may be cast on paper ballots or ballot cards or both. Absent voter ballots may be counted in the various voting precincts or may be counted by absent voter counting boards. Absentee votes cast on paper ballots may be recorded by election inspectors o…
Mich. Comp. Laws § 168.799 Injuring, altering, or defacing voting device, ballot, or other equipment; interference with correct operation of equipment; enforcement; examination.
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Sec. 799. A person shall not willfully injure any voting device, ballot, or other record or equipment or interfere or attempt to interfere with its correct operation. The inspectors of the election shall enforce the provisions of this section. The inspectors of election, at such …
Mich. Comp. Laws § 168.799a Recounting punched, marked, or stamped ballot; procedure; stray marks; releasing sealed materials.
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Sec. 799a. (1) This section governs the recounting of a ballot on which a voter has made a selection by means of a punch, mark, or stamp. (2) If the electronic voting system requires that the elector cast a vote by punching out a hole in a ballot, the vote shall not be considered…
Mich. Comp. Laws § 168.8 "Clerk's office," "municipal," and "satellite office of a clerk" defined.
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Sec. 8. As used in this act: (a) "Clerk's office" includes a satellite office of a clerk. (b) "Municipal" or "municipality" mean a city or township. (c) "Satellite office of a clerk" means a place designated by a clerk, and staffed by employees of the clerk or assistants as autho…
Mich. Comp. Laws § 168.80 Secretary of state and attorney general; oath of office, bond, deposit.
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Sec. 80. Every person elected to the office of secretary of state or attorney general, before entering upon the duties of his office, shall take and subscribe to the oath as provided in section 1 of article 11 of the state constitution, and shall give bond in the amount and manne…
Mich. Comp. Laws § 168.801 Canvass of votes by precinct inspectors; public access.
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Sec. 801. Immediately on closing the polls, the board of inspectors of election in each precinct shall proceed to canvass the vote. Such canvass shall commence by a comparison of the poll lists and a correction of any mistakes that may be found therein until they shall be found o…
Mich. Comp. Laws § 168.803 Counting and recounting of votes; intent of voter; stray marks; instructions issued by secretary of state.
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Sec. 803. (1) Except as otherwise provided in this act, the following rules govern the counting and recounting of votes: (a) If it is clearly evident from an examination of a ballot that the ballot has been mutilated for the purpose of distinguishing it or that there has been pla…
Mich. Comp. Laws § 168.805 Placement in ballots in ballot container; seal; delivery.
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Sec. 805. After the polls close on election day, the precinct board of election inspectors shall place the ballots in the ballot container provided for ballots under section 669. The board of election inspectors shall securely fasten and seal the ballot container with an approved…
Mich. Comp. Laws § 168.806 Duplicate statements of returns; contents, certificate as to correctness.
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Sec. 806. (1) The election inspectors shall then prepare duplicate statements of the returns showing the whole number of votes cast for all offices voted that are to be canvassed by the board of county canvassers, the names of the persons for whom the votes were given, and the nu…
Mich. Comp. Laws § 168.806a Seal; procedures.
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Sec. 806a. Notwithstanding any other provision of this act to the contrary, when the board of election inspectors is required to seal a ballot box, voting machine, transfer case, electronic voting device, or any other election material, the following procedure shall be followed: …
Mich. Comp. Laws § 168.807 Election results; availability.
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Sec. 807. Immediately after the canvass has been completed, the result, stating the total number of votes received by each person voted for in said precinct for any office and the number of votes for and the number of votes against any proposed constitutional amendment or other s…
Mich. Comp. Laws § 168.808 Statement of returns; failure to sign certificate, falsification, penalty.
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Sec. 808. Any member of the board of inspectors who fails to sign said certificate shall, upon conviction thereof, be deemed guilty of a misdemeanor. Should any member of the board of election inspectors subscribe to any statement in said certificate which is untrue, he shall, up…
Mich. Comp. Laws § 168.809 Election returns and records; delivery; unofficial tabulation.
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Sec. 809. (1) The board of election inspectors shall seal 1 of the statement of returns and 1 of the tally sheets or the combined tally return sheet with a red state election seal in an envelope and shall address the envelope to the board of county canvassers, in care of the judg…
Mich. Comp. Laws § 168.81 Secretary of state or attorney general; resignation, notice.
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Sec. 81. Any person duly elected to the office of secretary of state or attorney general who desires to resign shall file a written notice, containing the effective date of such resignation, with the governor and a copy with the office of the secretary of state.