Mich. Admin. Code R. 168.782 - Election inspectors; duties after polls are closed

Rule 12.

(1) The ballot labels and seals of each voting device shall be inspected to ensure that they have not been altered and are intact and that seal numbers agree with the numbers as verified at the opening of the polls. A discrepancy shall be noted in the remarks section of the poll book.

(2) The election inspectors shall open the ballot box and remove the ballots. Prior to removing the ballots from their envelopes, they shall be counted to determine the total number. The inspector shall compare the total number counted with the number of names recorded in the poll book. If the ballots are in excess of the number of voters according to the poll lists and it is impossible to reconcile the number, 1 of the inspectors shall publicly remove as many ballots as shall be equal to the excess. The removed ballots, while still in their envelopes, shall be marked "EXCESS," placed in an envelope, and sealed. The board shall note on the outside of the envelope its contents and place it in the transfer case. A notation of the pertinent facts shall be made in the remarks section of the poll book. If the number of ballots counted is less than the number of voters according to the poll lists, the reason for the discrepancy shall be noted in the remarks section of the poll book. If the inspectors are unable to explain the discrepancy, they shall so state in the remarks section of the poll book. The inspectors' determination shall constitute conclusive and sufficient explanation for purposes of a recount.

(3) At an election where a candidate appears on the ballot, the election inspectors shall identify each ballot card and its corresponding official ballot envelope by utilizing a method of unique identification with each. Combination ballot card and write-in ballots shall be identified in a like manner.

(4) At the discretion of the clerk in charge of the election, the examination of ballot cards for damage, hanging chads, distinguishing marks made by the voter, and for indications of write-in votes may be done at the precinct or at the counting center.

(5) Any distinguished ballot shall be placed in an envelope on which the words "DISTINGUISHED BALLOT" shall appear. The envelope shall be placed in the transfer case. A notation of this occurrence shall be made in the remarks section of the poll book.

(6) When the ballot cards have been processed and checked, the inspectors shall determine that the number of ballot cards which they are submitting to the counting center for tabulation agrees with the number of names recorded on the poll lists less discrepancies for which notations have been made in the poll book. The number of ballot cards which are being submitted for tabulation shall be entered in the appropriate place on the certificate prepared by the election inspectors.

(7) The election inspectors shall prepare a certificate indicating the number of ballot cards issued to the precinct, number of ballot cards issued to voters, number of spoiled ballot cards, and the number of unused ballot cards. The certificate shall be placed in the transfer case or included in the poll book.

(8) The election inspectors shall place into the transfer case for delivery, as directed, all of the following:

(a) Voted ballot cards.

(b) Ballot envelopes used in the election, unless they are placed and sealed in a separate metal container at which time they may be delivered to a place other than the counting center at the direction of the clerk.

(c) An envelope marked "ORIGINAL BALLOT CARDS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON" and containing those ballots, if used.

(d) An envelope containing spoiled ballot cards.

(e) Envelopes, with notations and contents, containing any other issued ballot cards which are not to be counted.

(f) A certificate signed by the inspectors indicating the number of ballot cards issued, spoiled, and unused, unless included in the poll book pursuant to subrule (7).

(g) The write-in tally return sheet, unless included in the poll book.

(h) Unused ballot cards, unless sealed in a separate container.

(9) The election inspectors shall sign a certificate of election inspectors in the poll book. The certificate shall state all of the following:

(a) The number of voters who voted as shown by the poll list.

(b) That the challenged and disabled voter list is correct.

(c) That prior to opening the polls, each device was examined and found to be sealed with metal seals bearing the same numbers as certified by the election commission.

(d) That the ballot labels were in their proper places and conformed to the instruction ballots.

(e) That the position of candidate names and ballot numbers on the ballot labels was the same and appeared in the same position as indicated on the edit listing.

(f) That at the close of the polls, each device was examined and found to be sealed with the same numbers as verified at the opening of the polls and that the ballot labels were in their correct position.

(g) That the poll lists were compared, that the mistakes found in the lists were corrected, and that the poll lists are corrected and agree with each other or that exceptions are noted in the remarks section of the poll book.

(h) The number of ballot cards submitted for tabulation.

(i) That if the number of ballots being submitted for tabulation does not agree with the number of voters as indicated by the poll list, the discrepancy is noted in the remarks section of the pole book.

(j) That ballot cards have been identified to their corresponding ballot envelopes.

(k) That ballot cards required to be duplicated by the election inspectors have been properly duplicated.

(l) That write-in votes counted at the precinct have been properly recorded, that ballot cards, duplicated cards, and ballot envelopes used in the election have been placed in the transfer case and that the case was securely sealed with an official metal seal in such a manner as to render it impossible to open the case without breaking the seal.

(m) The number of the seal used to seal the transfer case.

(10) The election inspector shall do either of the following:

(a) Place the poll book in the envelope, seal it with a red paper seal, and deliver it with or in the transfer case.

(b) Insert the poll book into the transfer case for delivery.

(11) If the space in 1 transfer case is inadequate, a second transfer case or metal container of a type approved by the board of county canvassers for the storage of ballots shall be used and the sealing and security handled in the same manner as the transfer case.

(12) 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. Attached to the transfer case by the seal shall be a transfer case identification tag indicating the date of election, the jurisdiction, the precinct, and the number of the metal seal used to seal the case. The seal number shall be recorded in the certificate of election inspectors in the poll book.

(13) The poll book and the transfer case containing the required items shall be delivered by 2 election inspectors to the location designated by the clerk.

Notes

Mich. Admin. Code R. 168.782

1979 AC