Michigan Administrative Code
Department - State
Elections & Campaign Finance
Use of Optical Scan Tabulators by Absentee Voters
Section R. 168.790 - Counting center; receiving, tabulating, and certifying ballots
Current through Vol. 24-16, September 15, 2024
Rule 20.
(1) The certifying board shall determine that the seal number on the container containing the programs, official test deck, and predetermined results agree with those recorded in the certificate of the accuracy board.
(2) The certifying board shall test the program and computer as to accuracy prior to the tabulation of ballots and again after the last precinct has been counted, and shall certify the results. The accuracy test shall be conducted using the official test deck prepared under the direction of the election commission and certified by the accuracy board. The certifying board shall use the same test as was conducted by the accuracy board. The certifying board shall ascertain that their results agree with the results as certified by the accuracy board. The computer results of the certifying board accuracy test shall be identified as to date and time they were conducted. The certifying board shall certify that the required tests have been performed. This certificate shall be placed under seal with the program, test deck results, and other required materials and shall be delivered to the clerk in charge of the election.
(3) The certifying board may periodically during the tabulation of ballots test the program and computer, using the official test deck.
(4) A console log of the ballot tabulation shall be maintained and, at the completion of the count and accuracy test, certified by the computer operator and any observer appointed by the election commission. The console log shall be delivered to the clerk in charge of the election. If the computer used to tabulate the ballots is not capable of generating a console log, then a manual log of any abnormal events shall be maintained.
(5) Upon receipt of the transfer case from the inspectors, the receiving board shall verify that the seal number on the transfer case is the same as that recorded by the election inspectors. The case shall then be opened and the computer center receiving board shall determine whether it contains ballot cards and other required items. A discrepancy in the seal number or contents shall be noted and explained in the remarks section of the poll book by the election inspectors delivering the transfer case.
(6) The computer center receiving board shall issue a receipt for the transfer case to the election inspectors delivering the case. The receipt shall indicate in general terms the contents of the transfer case and shall be made in duplicate. The original copy shall be given to the inspectors delivering the transfer case and the duplicate retained for delivery to the clerk in charge of the election.
(7) The computer center receiving board shall place the metal seal with which the case was sealed inside the transfer case. The receiving board shall complete the certificate in the poll book, which shall read substantially as follows:
RECEIVING BOARD CERTIFICATE
We hereby certify that the transfer case, properly sealed, containing the ballot cards for this precinct was received by the counting center receiving board. The seal number agreed with the number recorded on the transfer case identification tag and in the poll book.
(8) The clerk in charge of the election, the designated representatives of the clerk, the observer appointed by the election commission, computer personnel, data processing installation employees, authorized challengers, and the certifying board shall be allowed in the immediate area of the computer. The immediate area of the computer shall be defined by the clerk, but the clerk shall provide the public with a means of observing the computer.
(9) The clerk in charge of the election or the designated representative of the clerk shall be present in the computer room until the count is completed and all items required to be sealed have been sealed.
(10) The certifying board shall determine if the number of ballot cards tabulated by the computer agrees with the number of ballot cards submitted by the inspectors as indicated by the poll book. If a discrepancy exists, the board shall endeavor to correct it. If the discrepancy cannot be resolved, a notation of the pertinent facts shall be made in the remarks section of the poll book.
(11) The certifying board shall complete and certify a statement of returns in duplicate. The certificate of the statement of returns shall read substantially as follows:
STATEMENT OF RETURNS CERTIFICATE
We hereby certify that this is a statement of votes cast in this precinct as indicated by the tabulating equipment and that upon completion of the count, all ballots were placed in the transfer case, and that the case was sealed with seal number __________ , and that the seal number was recorded in the poll book.
(12) Precinct inspectors may serve as members of the certifying board at the discretion of the clerk in charge of the election.
(13) Upon the completion of the count of a precinct, the ballot cards shall be returned to the transfer case. The transfer case shall be sealed with a metal seal in a manner as to render it impossible to open the case or insert or remove ballots without breaking the seal. If the transfer case is identified as to political unit and precinct, the transfer case identification tag shall be placed in the transfer case. If not, the transfer case identification tag shall be attached to the transfer case by means of a seal.
(14) The seal number used to seal the transfer case shall be recorded on the certificate in the poll book and on the statement of returns.
(15) The precinct statement of returns and poll books shall be delivered to the persons authorized by statute to receive them. If permitted by the clerk of the board of canvassers, precinct statements of returns from 1 or more precincts and poll books may be included in a single envelope or package.
(16) The secretary of state or the clerk in charge of the counting center may require that a manual count of 1 or more offices or proposals in a precinct be conducted by the certifying board prior to certification of the computer-tabulated results for that precinct. If the manual count and the computer-tabulated results do not agree, the certifying board shall not certify the results until the discrepancy has been reconciled.
(17) After the last precinct has been counted and the final accuracy test has been conducted, the certifying board shall secure all programs, test decks, certified results of accuracy tests, and other related material in a metal container, which shall be sealed with a flat metal seal in a manner so that the container cannot be opened without breaking the seal. Attached to the container shall be a certificate describing the contents and on which the number of the seal has been recorded. The certificate shall be signed by the members of the certifying board.
(18) The clerk in charge of the election shall secure the container containing the programs, test deck, accuracy test results, and other related materials, and the original edit listing until 30 days following the certification of the election if a recount has not been requested or until a date prescribed by the secretary of state.
(19) Ballots used at an election may be destroyed after 30 days following the final determination of the board of canvassers with respect to the election, unless their destruction has been stayed by an order of a court or the secretary of state. Ballots shall not be released for examination, review, or research unless prior approval is obtained by the board of state canvassers.
