SENATE BILL NO. 1187

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 576, 576a, 580, 736b, 736c, 736d, 736e, 736f, 764, and 795 (MCL 168.576, 168.576a, 168.580, 168.736b, 168.736c, 168.736d, 168.736e, 168.736f, 168.764, and 168.795), section 576 as amended by 1996 PA 213, section 580 as amended by 1985 PA 160, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, sections 736f and 764 as added by 2012 PA 128, and section 795 as amended by 2018 PA 127, and by adding sections 20, 51a, 91a, 131a, 161a, 302b, 646e, and 736h.

the people of the state of michigan enact:

Sec. 20. As used in this act, "ranked choice voting" means a system of voting for candidates for election to public office in which an elector expresses the elector's first, second, third, and fourth choices from among the candidates for election.

Sec. 51a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of governor are subject to the provisions in section 646e regarding ranked choice voting.

Sec. 91a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of United States Senator are subject to the provisions in section 646e regarding ranked choice voting.

Sec. 131a. Beginning January 1, 2024, the provisions of this chapter for the election of the office of Representative in Congress are subject to the provisions in section 646e regarding ranked choice voting.

Sec. 161a. Beginning January 1, 2024, the provisions of this chapter for the election of the offices of state senator and state representative are subject to the provisions in section 646e regarding ranked choice voting.

Sec. 302b. Beginning January 1, 2024, the provisions of this chapter for the election of school board members are subject to the provisions in section 646e regarding ranked choice voting.

Sec. 576. (1) An elector, after having received a ballot or ballots, shall enter a booth or voting compartment and, while there concealed from view, shall vote the ballot or ballots by, except as otherwise provided in section 646e for ranked choice voting, making a cross or a check mark in the square at the left of the names of those candidates for whom the elector desires to vote, but in no case for more candidates for any office than is indicated under the title of each office. However, an elector may vote for a person an individual whose name is not printed on the ballot by inserting the name in a manner that will substitute it for any name that is printed on the ballot or where no candidate's name appears upon the ballot.

(2) The elector shall indicate his or her the elector's choice of candidates on 1 party ticket only and, after marking the ballot, the elector shall fold it for deposit pursuant to the provisions of this act. A ballot on which more than 1 party ticket has been voted is void.

(3) This section is subject to section 736a.

Sec. 576a. In Except as otherwise provided in section 646e for ranked choice voting, in all partisan and nonpartisan primary elections, the voter shall be is entitled to vote for a number of candidates for each office equal to the number of persons individuals to be elected for that office.

Sec. 580. In Except as otherwise provided in section 646e for ranked choice voting, in counting the ballots after the closing of the polls, only those candidates having crosses or check marks marked in the squares to the left of their names shall be are considered to have received votes, and any ballot upon which more votes have been recorded for candidates for any office than may, by law, be elected to that office shall must be rejected as to all names appearing on the ballot for that office only.

Sec. 646e. (1) Notwithstanding any provision of this act to the contrary, beginning January 1, 2024, elections for school board members must be conducted using ranked choice voting and primary elections for all of the following public offices must be conducted using ranked choice voting:

(a) Office of governor.

(b) Office of United States Senator.

(c) Office of Representative in Congress.

(d) Office of state senator.

(e) Office of state representative.

(2) The ballot used at a primary election or election with ranked choice voting must allow an elector to rank the elector's top 4 choices in order of preference.

(3) If a candidate receives a majority of first choices, that candidate must be declared elected. If a candidate does not receive a majority of the votes, the candidate who received the fewest number of first choices is eliminated and each vote cast for that candidate must be transferred to the next ranked candidate on the voter's b