Michigan Administrative Code
Department - State
Elections & Campaign Finance
Use of Optical Scan Tabulators by Absentee Voters
Section R. 168.772 - General provisions

(1) The paper ballot procedures in the act shall be applicable in elections in which electronic voting systems are used, except where superseded by specific provisions of the act or these rules.

(2) A precinct in which electronic voting systems are used shall not contain more than the number of registered voters permitted by the act in a precinct using voting machines.

(3) Where the board of county commissioners provides for the purchase and use of an electronic voting system in a county, the county clerk shall have custody of the devices and be responsible for their maintenance, repair, and preparation for elections.

(4) Where the legislative body of a city, township, or village provides for the purchase and use of an electronic voting system, the clerk of the city, township, or village shall have custody of the devices and be responsible for their maintenance, repair, and preparation for elections.

(5) If a county owns the voting devices and the election is an election at which state or county offices or proposals are to be voted upon, or an election at which state, county, and local offices are to be voted upon, the county election commission shall provide programming and computer time and furnish the necessary supplies, including printing.

(6) If a county owns the voting devices and the election is an election at which only local offices and proposals are to be voted upon, the county election commission shall provide programming and computer time and furnish the necessary supplies, including printing, and the local unit shall reimburse the county for the costs of the supplies; or the local unit may agree with the county that the local unit shall perform the functions required by this rule to be performed by the county.

(7) If a city or township owns the voting devices and the election is an election at which state or county offices or proposals are to be voted upon, or an election at which state, county, and local offices and proposals are to be voted upon, the city election commission shall provide the devices, programming, and computer time, and the county election commission shall provide ballot cards, ballot envelopes, and the printing of the ballot labels. A city or township and a county may enter into a mutual agreement that the county shall provide programming or computer time, or both.

(8) If a city or township owns the voting devices and the election is an election at which only local offices and proposals are to be voted upon, the city or township election commission shall provide the devices, programming, computer time, ballot cards, ballot envelopes, and the printing of ballot labels. A city or township and a county may enter into a mutual agreement that the county shall provide programming or computer time, or both.

(9) A village or school district may contract with a city, county, or township for the use of voting devices, programming, and computer time.

(10) Notwithstanding any other provision of these rules, the election commissions of local units of government may enter into a mutual agreement for the joint use of a program and computer. The agreement shall state which local unit has control of the programs and computer. An agreement may be made with the county election commission stating control of the program and computer shall be vested in the county clerk.

(11) For the purpose of these rules, when a school election is conducted and the school district is supplying the program, the term "election commission" means the secretary and president of the school board and the superintendent of the school district.