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 109.
The bill outlines several key provisions aimed at enhancing the security, accessibility, and accuracy of electronic voting systems. It mandates that electronic voting systems must provide for secret voting, utilize paper ballots for tabulation, and ensure that voters can vote for all eligible candidates and questions. The systems must also reject ballots with errors such as over-voting or cross-party voting in primaries, and provide opportunities for voters to correct spoiled ballots. Additionally, the systems must be designed to accommodate elderly voters and individuals with disabilities, ensure accurate vote recording and counting, and provide an audit trail.
The bill stipulates that all parts of electronic voting systems acquired after the bill's enactment must be manufactured in the United States. It also requires that electronic tabulating equipment be programmed to prevent the premature revelation of vote totals and mandates that each polling place be equipped with at least one accessible voting device. The legislation introduces a requirement for electronic voting systems to meet or exceed the Voluntary Voting System Guidelines Version 2.0 for cybersecurity, unless these guidelines are no longer in use.
Funding provisions include a nonrefundable application fee of $1,500 for new electronic voting systems and $500 for system upgrades, to be deposited with the Secretary of State. Vendors must also cover the costs of any required field tests. The bill requires vendors to provide detailed information about the performance of their systems in other states and to file standard contracts and maintenance agreements with the Secretary of State.
The bill modifies existing laws by updating the approval process for electronic voting systems, requiring certification by an independent testing authority accredited by the National Association of State Election Directors and the Board of State Canvassers. It also introduces new requirements for the escrow and submission of source code for electronic voting systems, ensuring transparency and accountability. County clerks are tasked with maintaining the source code and releasing it upon request for verification purposes. In legal disputes involving vote tabulation, courts may appoint a special master to review the source code and report on the system's performance.
The legislation impacts various stakeholders, including voters, election officials, and vendors of electronic voting systems. Voters benefit from enhanced security and accessibility features, while election officials gain clearer guidelines and improved tools for managing elections. Vendors face new compliance requirements and costs associated with certification and field testing.
Significant timelines include the immediate effect of the bill's provisions upon enactment, with specific requirements for the manufacturing location of voting system parts and the submission of source code taking effect from the date of the amendatory act. The bill aims to ensure the integrity and reliability of Michigan's electronic voting systems, thereby bolstering public confidence in the electoral process.
Co-sponsored by Sens.
Referred to the Committee on Elections and Ethics
