HOUSE BILL NO. 4503
May 03, 2023, Introduced by Reps. Bollin, DeSana, Rigas, Posthumus, Roth, Lightner, Smit and
VanderWall and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 31, 683, and 730 (MCL 168.31, 168.683, and
168.730), section 31 as amended by 2012 PA 271, section 683 as
amended by 2018 PA 120, and section 730 as amended by 1995 PA 261,
and by adding section 730a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 31. (1) The secretary of state shall do all of the
STM 02912'23
 2
1 following:
2 (a) Subject to subsection (2), issue instructions and
3 promulgate rules pursuant to the administrative procedures act of
4 1969, 1969 PA 306, MCL 24.201 to 24.328, for the conduct of
5 elections and registrations in accordance with the laws of this
6 state.
7 (b) Advise and direct local election officials as to the
8 proper methods of conducting elections.
9 (c) Publish and furnish for the use in each election precinct
10 before each state primary and election a manual of instructions
11 that includes specific instructions on assisting voters in casting
12 their ballots, directions on the location of voting stations in
13 polling places, procedures and forms for processing challenges, and
14 procedures on prohibiting campaigning in the polling places as
15 prescribed in this act.
16 (d) Publish indexed pamphlet copies of the registration,
17 primary, and election laws and furnish to the various county, city,
18 and township , and village clerks a sufficient number of copies for
19 their own use and to enable them to include 1 copy with the
20 election supplies furnished each precinct board of election
21 inspectors under their respective jurisdictions. The secretary of
22 state may furnish single copies of the publications to
23 organizations or individuals who request the same for purposes of
24 instruction or public reference.
25 (e) Prescribe and require uniform forms, notices, and supplies
26 the secretary of state considers advisable for use in the conduct
27 of elections and registrations.
28 (f) Prepare the form of ballot for any proposed amendment to
29 the state constitution of 1963 or proposal under the initiative or
STM 02912'23
 3
1 referendum provision of the state constitution of 1963 to be
2 submitted to the voters of this state.
3 (g) Require reports from the local election officials the
4 secretary of state considers necessary.
5 (h) Investigate, or cause to be investigated by local
6 authorities, the administration of election laws, and report
7 violations of the election laws and regulations to the attorney
8 general or prosecuting attorney, or both, for prosecution.
9 (i) Publish in the legislative manual the vote for governor
10 and secretary of state by townships and wards and the vote for
11 members of the state legislature cast at the preceding November
12 election, which shall that must be returned to the secretary of
13 state by the county clerks on or before the first day of December
14 following the election. All clerks shall furnish to the secretary
15 of state, promptly and without compensation, any further
16 information requested of them the clerks to be used in the
17 compilation of the legislative manual.
18 (j) Establish a curriculum for comprehensive training and
19 accreditation of all county, city, and township , and village
20 officials who are responsible for conducting elections.
21 (k) Establish a continuing election education program for all
22 county, city, and township , and village clerks.
23 (l) Establish and require attendance by all new appointed or
24 elected election officials at an initial course of instruction
25 within 6 months before the date of the election.
26 (m) Establish a comprehensive training curriculum for all
27 precinct inspectors.
28 (n) Create an election day dispute resolution team that has
29 regional representatives of the department of state, which team
STM 02912'23
 4
1 shall must appear on site, if necessary.
2 (o) Establish and require a comprehensive training for each
3 county clerk, and for each political party, incorporated
4 organization, and organized committee of interested citizens that
5 seeks to designate election challengers at an election, regarding
6 the processes and procedures on election day and the powers,
7 rights, and duties of election challengers.
8 (2) Pursuant to the administrative procedures act of 1969,
9 1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall
10 promulgate rules establishing uniform standards for state and local
11 nominating, recall, and ballot question petition signatures. The
12 standards for petition signatures may include, but need not be
13 limited to, standards for all of the following:
14 (a) Determining the validity of registration of a circulator
15 or individual signing a petition.
16 (b) Determining the genuineness of the signature of a
17 circulator or individual signing a petition, including digitized
18 signatures.
19 (c) Proper designation of the place of registration of a
20 circulator or individual signing a petition.
21 Sec. 683. Each county clerk before each primary and election
22 shall, by some reliable means, notify the clerk of each township
23 and city in the county of a training school for election inspectors
24 to be held at a place designated by the county clerk within 20 days
25 before each primary, general, and special election. The township
26 and city clerks shall notify each election inspector appointed to
27 serve at that election of the time and place of the training
28 school. At the meeting, the county clerk shall instruct and
29 demonstrate the manner in which the duties of election inspectors
STM 02912'23
 5
1 are required by law to be performed, and must include, but not be
2 limited to, the comprehensive training described under section
3 31(1)(o) regarding the processes and procedures on election day and
4 the powers, rights, and duties of election challengers. It is the
5 duty of the The election inspectors, so once notified of the time
6 and place of the meeting, to shall attend the meeting unless
7 excused by the county clerk for good cause. Compensation may be
8 paid to them by their respective municipalities at a rate as
9 determined by the governing bodies. An election inspector shall not
10 serve in any election unless he or she the election inspector has
11 within the last preceding 2 years either attended an election
12 school or has passed satisfactorily an examination given by the
13 election commission of the city or township in which appointed. The
14 examination is subject to the approval of the secretary of state.
15 This section does not prevent the appointment of an election
16 inspector to fill a vacancy. This section does not prohibit any
17 city or any township having a population of 10,000 or more from
18 conducting its own training school for election inspectors of that
19 city or township. If a city or township conducts its own training
20 school, election inspectors who attend a city or township training
21 school are not required to attend the county training school.
22 Sec. 730. (1) At an election, a political party or an
23 incorporated organization or organized committee of citizens
24 interested in the adoption or defeat of a ballot question being
25 voted for or upon on at the election, or interested in preserving
26 the purity of elections and in guarding against the abuse of the
27 elective franchise, may designate challengers as provided in this
28 act. Except as otherwise provided in this act, a political party,
29 incorporated organization, or organized committee of interested
STM 02912'23
 6
1 citizens may designate not more than 2 challengers to serve in a
2 precinct at any 1 time. A political party, incorporated
3 organization, or organized committee of interested citizens may
4 designate not more than 1 challenger to serve at each counting
5 board.
6 (2) A challenger shall must be a registered elector of this
7 state. Except as otherwise provided in this subsection, a
8 challenger must not serve as a challenger at any election unless
9 the challenger has within the last 90 days before the election
10 attended election challenger training as described in section 730a
11 and received a signed certificate of completion for that election
12 challenger training. If a challenger attended election challenger
13 training as described in section 730a within 90 days before an
14 August primary election and that challenger received a signed
15 certificate of completion for that election challenger training,
16 that challenger may serve as a challenger at the subsequent general
17 November election without having to attend election challenger
18 training as described in section 730a unless there has been a
19 statutory change that requires election challenger training to be
20 updated for the subsequent general November election. Except as
21 otherwise provided in this section, a candidate for nomination or
22 election to an office shall not serve as a challenger in any
23 precinct in the jurisdiction in which that individual is a
24 candidate at the election in which he or she that individual is a
25 candidate. A candidate for the office of delegate to a county
26 convention may serve as a challenger in a precinct other than the 1
27 in which he or she that individual is a candidate. A person An
28 individual who is appointed as an election inspector at an election
29 shall not act as a challenger at any time during the election day.
STM 02912'23
 7
1 (3) A challenger may be designated to serve in more than 1
2 precinct. The political party, incorporated organization, or
3 organized committee of interested citizens shall indicate which
4 precincts the challenger will serve when designating challengers
5 under subsection (1). If more than 1 challenger of a political
6 party, incorporated organization, or organized committee of
7 interested citizens is serving in a precinct at any 1 time, only 1
8 of the challengers has the authority to initiate a challenge at any
9 given time. The challengers shall indicate to the board of election
10 inspectors which of the 2 will have challengers has this authority.
11 The challengers may change this authority and shall must indicate
12 the change to the board of election inspectors.
13 Sec. 730a. (1) Not less than 45 days and not more than 100
14 days before each primary, general, and special election, each
15 county clerk and the secretary of state must offer election
16 challenger training for each political party, incorporated
17 organization, or organized committee of interested citizens, as
18 described in section 730, that seeks to designate challengers at
19 the election. The election challenger training under this
20 subsection must include, but not be limited to, the comprehensive
21 training described under section 31(1)(o) regarding the processes
22 and procedures on election day, the powers, rights, and duties of
23 election challengers, and training for both precinct polling places
24 and absent voter counting boards.
25 (2) If a political party, incorporated organization, or
26 organized committee of interested citizens seeks to designate
27 challengers at an election, that political party, incorporated
28 organization, or organized committee of interested citizens must
29 attend and complete the election challenger training as provided in
STM 02912'23
 8
1 subsection (1). A political party, incorporated organization, or
2 organized committee of interested citizens is only required to
3 attend and complete the election challenger training once as
4 offered by the secretary of state or any county clerk.
5 (3) The secretary of state shall create and maintain a
6 registry that includes each political party, incorporated
7 organization, and organized committee of interested citizens that
8 completes the election challenger training under this section. For
9 each political party, incorporated organization, and organized
10 committee of interested citizens in the registry, the name of each
11 individual who attended the training and the name of a contact
12 person for that political party, incorporated organization, or
13 organized committee of interested citizens must be included in the
14 registry. If a political party, incorporated organization, or
15 organized committee of interested citizens attends and completes
16 the election challenger training from a county clerk, that county
17 clerk must immediately notify the secretary of state and the
18 secretary of state must add the name of that political party,
19 incorporated organization, or organized committee of interested
20 citizens, the name of each individual who attended the training,
21 and the contact information for that political party, incorporated
22 organization, or organized committee of interested citizens to the
23 registry. The secretary of state must post and maintain the
24 registry on the department of state's website and make the
25 information in the registry available to each county clerk.
26 (4) Upon completion of the election challenger training as
27 provided in subsection (1), and before the primary, general, or
28 special election, the political party, incorporated organization,
29 or organized committee of interested citizens must provide election
STM 02912'23
 9
1 challenger training for those individuals seeking to be election
2 challengers for that political party, incorporated organization, or
3 organized committee of interested citizens. The election challenger
4 training for the individuals seeking to be election challengers
5 must include, but not be limited to, the comprehensive training
6 described under section 31(1)(o) regarding the processes and
7 procedures on election day and the powers, rights, and duties of
8 election challengers. The political party, incorporated
9 organization, or organized committee of interested citizens must
10 provide separate training for those individuals seeking to be
11 election challengers at an absent voter counting board.
12 (5) Upon completion of the election challenger training under
13 subsection (4), the political party, incorporated organization, or
14 organized committee of interested citizens must issue a certificate
15 of completion, signed by an officer of that political party,
16 incorporated organization, or organized committee of interested
17 citizens, to the individual seeking to be an election challenger.
18 The political party, incorporated organization, or organized
19 committee of interested citizens may issue the certificate of
20 completion electronically to the individual seeking to be an
21 election challenger if the electronic certificate of completion
22 contains an electronic signature from an officer of that political
23 party, incorporated organization, or organized committee of
24 interested citizens. A signed certificate of completion is valid
25 for 90 days after the date it is issued. The political party,
26 incorporated organization, or organized committee of interested
27 citizens must maintain a record of each individual issued a signed
28 certificate of completion by that political party, incorporated
29 organization, or organized committee of interested citizens.
STM 02912'23
 10
1 (6) If a political party, incorporated organization, or
2 organized committee of interested citizens issues a signed
3 certificate of completion to an individual who the political party,
4 incorporated organization, or organized committee of interested
5 citizens did not provide election challenger training, the
6 political party, incorporated organization, or organized committee
7 of interested citizens is responsible for a state civil infraction
8 and may be ordered to pay a civil fine of not more than $2,500.00.
STM Final Page 02912'23


Statutes affected:
House Introduced Bill: 168.31