Mich. Admin. Code R. 168.784 - Processing write-in ballots

Rule 14.

(1) Write-in ballots shall be processed by not less than 2 election inspectors of differing political party preference.

(2) In processing write-in ballots, the election inspectors shall first determine if a voter has recorded a write-in vote on the designated place for write-in votes. A write-in vote placed in any other space shall not be processed further, except that if there are more write-in votes than designated spaces, the voter may place additional write-in votes on the ballot envelope or on the combination ballot card and write-in ballot.

(3) The election inspectors shall next determine if the voter has recorded the following information for a write-in vote:

(a) The name of an office to be voted on at that election.

(b) The name of a candidate for that office.

(c) If a partisan primary, the name of a party appearing on the primary ballot.

(4) Write-in votes which do not state an appropriate office, a candidate's name, or for which the name of a party in a partisan primary is omitted shall not be processed further.

(5) The election inspectors shall next determine if the write-in vote has caused an overvote. A straight party ticket vote and a write-in vote for a partisan office is not an overvote. An individual punch for an office and a write-in for that office shall be considered an overvote, if the total exceeds the number of permitted choices for that office.

(6) Where a write-in vote is determined to meet the qualifications set forth in subrules (2) and (3) and an overvote does not exist, the election inspectors shall enter the candidate's name, the office, and if a partisan primary, the name of the party on the write-in tally return. The ballot card shall be placed with the other ballot cards for tabulation and the envelope containing the write-in vote shall be placed with the other envelopes used in the election.

(7) When a write-in vote is determined to meet the qualifications set forth in subrules (2) and (3) and an overvote exists, the election inspectors shall duplicate the original ballot card, omitting the punches for the office for which the write-in caused an overvote. A duplicate ballot card shall be placed with the original ballot cards to be tabulated. In place of duplication, correction tape may be used to cover up holes for an office for which the write-in caused an overvote. If correction tape is used, the original ballot card after being corrected shall be placed with the other ballot cards to be tabulated. The envelopes containing the write-in shall be placed with the other envelopes used in the election and a write-in shall not be recorded for the office which was overvoted.

(8) In a partisan general election, if the voter has voted a straight party ticket and has voted a write-in vote for a partisan office, the election inspectors shall duplicate the ballot card by omitting the straight party ticket punch and by punching a vote for every candidate of that party except for the office where a write-in vote was made. Correction tape shall not be used for this purpose. An alternate procedure may be used to count write-in votes when a straight ticket has been voted if the alternate system is presented to the secretary of state detailing the procedure and the secretary of state approves the procedure. The procedure shall only be approved for use in the units of government requesting use of the procedure. The secretary of state may rescind approval if at a later date it is determined that the procedure is not affording voters proper protection.

Notes

Mich. Admin. Code R. 168.784

1979 AC