Bill Summary – FastDemocracy

SENATE BILL NO. 948
     June 26, 2024, Introduced by Senators LINDSEY, BELLINO, RUNESTAD and DALEY and
        referred to the Committee on Elections and Ethics.
           A bill to amend 1954 PA 116, entitled
    "Michigan election law,"
    by amending sections 795, 795a, and 797c (MCL 168.795, 168.795a,
    and 168.797c), section 795 as amended by 2018 PA 127, section 795a
    as amended by 1998 PA 215, and section 797c as amended by 1990 PA

                   THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
        Sec. 795. (1) An Subject to subsection (2), an electronic
 voting system acquired or used under sections 794 to 799a must meet
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 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 on 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
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 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 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
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 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) Except as otherwise provided in this subdivision, meet or
 exceed the Voluntary Voting System Guidelines Version 2.0 adopted
 by the United States Election Assistance Commission regarding
 cybersecurity. This subdivision does not apply if the Voluntary
 Voting System Guidelines Version 2.0 are no longer used by the
 United States Election Assistance Commission.
       (2) All parts of an electronic voting system acquired on or
 after the effective date of the amendatory act that added
 subsection (1)(o) must be manufactured in the United States.
       (3) (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.
       (4) (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. 795a. (1) An Subject to subsection (10), an electronic
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 voting system shall must 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
 been issued by the secretary of state, unless section 797c has been
 complied with, and unless it meets 1 of the following conditions:
       (a) Is certified by an independent testing authority
 accredited by the national association National Association of
 state election directors State Election Directors and by the board
 of state canvassers.
       (b) In the absence of an accredited independent testing
 authority, is certified by the manufacturer of the voting system as
 meeting or exceeding the performance and test standards referenced
 in subdivision (a) in a manner prescribed by the board of state
 canvassers.
       (2) The vendor or representative seeking approval of an
 electronic voting system shall must do all of the following:
       (a) Deposit with the secretary of state a nonrefundable
 application fee of $1,500.00 for a new electronic voting system and
 a fee of $500.00 for an upgrade to any existing electronic voting
 system.
       (b) File with the secretary of state a list of all states in
 which the electronic voting system has been approved for use. This
 list shall must state how long the electronic voting system has
 been used in the state and shall must disclose any reports compiled
 by any state or local government concerning the performance of the
 electronic voting system. The vendor shall remain remains
 responsible for filing this information on an ongoing basis.
       (c) File with the secretary of state copies of all standard
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 contracts and maintenance agreements used in connection with the
 sale of the electronic voting system. All changes to standard
 contracts and maintenance agreements shall must be filed with the
 secretary of state.
       (d) Pay the cost for any field test required by the board of
 state canvassers.
       (e) State the number of voters each component of the
 electronic voting system can process per hour under each of the
 following circumstances:
       (i) An election in which there are 10 or fewer items to be
 voted on the ballot by each voter.
       (ii) An election in which the ballot consists of the number of
 items typically voted on at a presidential general election in this
 state.
       (3) The board of state canvassers shall conduct a field test
 of all new electronic voting systems as part of the certification
 process. The field test shall must involve Michigan electors of
 this state and election officials in simulated election day
 conditions. The test shall must be designed to gauge voter reaction
 to the electronic voting system, problems that voters have with the
 electronic voting system, and the number of voting stations
 required for the efficient operation of an election based upon on
 the vendor's statement provided under subsection (2)(e).
       (4) The Subject to subsection (10), the board of state
 canvassers shall approve an electronic voting system for use in
 this state only if it meets the conditions of subsection (1) except
 that in an emergency situation that threatens the ability of a
 county, city, or township to conduct a scheduled election, the
 board of state canvassers may approve a correction of software or
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 firmware after testing the software or firmware performance.
         (5) If an electronic voting system is approved for use before
 January 1, 1997 by the board of state canvassers, it may be used in
 an election. However, if the electronic voting system has its
 software or firmware improved or changed, the electronic voting
 system shall must comply with the requirements of subsection (1).
         (6) After an electronic voting system is approved, an
 improvement or change in the electronic voting system shall must be
 submitted to the board of state canvassers for approval pursuant to
 under this section. This subsection does not apply to the technical
 capability of a general purpose computer, reader, or printer to
 electronically record and count votes.
         (7) A county, city, township, village, or school district
 shall file "an an "intent to purchase statement" with the secretary
 of state 30 days before any purchase agreement is made to purchase
 a new electronic voting system. The secretary of state shall
 provide all information concerning the operation of the electronic
 voting system in Michigan this state or any other state to the
 local unit of government within 25 days after receiving the "intent
 to purchase statement".
         (8) The secretary of state shall instruct local election
 officials regarding the operation and use of an approved electronic
 voting system in order to carry out the purposes of sections 794 to
 799a and the rules promulgated pursuant to under sections 794 to
 799a.
         (9) If the board of state canvassers determines that an
 electronic voting system that was approved under subsection (1) no
 longer meets the requirements described in that subsection, the
 board of state canvassers may disapprove that electronic voting
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 system. An Subject to subsection (10), an electronic voting system
 that has been disapproved by the board of state canvassers under
 this subsection shall must not be used in an election, unless it is
 reapproved by the board of state canvassers under subsection (1).
       (10) For an electronic voting system acquired on or after the
 effective date of the amendatory act that added this subsection,
 the board of state canvassers shall not approve that electronic
 voting system if any of the parts of the electronic voting system
 were manufactured outside of the United States.
       Sec. 797c. (1) A Until the effective date of the amendatory
 act that added subsection (4), 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 modifications of the source
 code. The secretary of state or an authorized agent of the
 secretary of state shall agree to use the information contained in
 the source code solely for the purpose of analyzing and testing the
 software and shall not disclose proprietary information to any
 other person or agency without the prior written consent of the
 vendor.
       (2) Beginning on the effective date of the amendatory act that
 added subsection (4), 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 submit a
 copy of the source code of the program and any subsequent revisions
 or modifications of the source code to the county clerk of the
 county in which the electronic voting system programmed with that
 source code will be used. The county clerk shall maintain that
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 source code and comply with the requirements in this section.
       (3) On request by a state senator, a state representative, or
 a city or township clerk, a county clerk shall release to the
 requesting party the source code for the electronic voting system
 for the purpose of verifying that the electronic voting system is
 operating properly and is in compliance with any contract
 requirements.
       (4) In any court action in which the tabulation of votes is at
 issue, the court may appoint a special master to review the source
 code for any electronic voting system, and the county clerk shall
 provide the source code for that electronic voting system. The
 special master appointed under this subsection shall examine the
 electronic voting system and source code, and shall do both of the
 following:
       (a) Issue a report to the court regarding the tabulation of
 votes.
       (b) Submit the report issued under subdivision (a) to the
 secretary of state and the board of state canvassers for the
 purpose of reviewing the approval of the electronic voting system
 for use in this state.
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Statutes affected: 
Senate Introduced Bill: 168.795