Current through P.A. 150 of the 2020 Legislative Session
Section 168.799a - Recounting punched, marked, or stamped ballot; procedure; stray marks; releasing sealed materials(1) This section governs the recounting of a ballot on which a voter has made a selection by means of a punch, mark, or stamp.(2) If the electronic voting system requires that the elector cast a vote by punching out a hole in a ballot, the vote shall not be considered valid unless the portion of the ballot designated as a voting position is completely removed or is hanging by 1 or 2 corners or the equivalent.(3) If the electronic voting system requires that the elector place a mark in a predefined area on the ballot in order to cast a vote, the vote shall not be considered valid unless there is a mark within the predefined area. A stray mark made within a predefined area is not a valid vote. In determining whether a mark within a predefined area is a stray mark, the board of canvassers or election official shall compare the mark subject to recount with other marks appearing on the ballot. The secretary of state shall issue instructions, subject to the approval of the board of state canvassers, relevant to stray marks to ensure the fairness and uniformity of determinations made under this subsection. A secretary of state's instruction relevant to stray marks shall not be applied to a ballot unless the secretary of state issued the instruction not less than 63 days before the date of the election.(4) Unless a petition for recount has been filed and the recount has not been completed, ballots, ballot labels, programs, test results, and other sealed materials may be released from their original seal after 7 days following the final determination of the board of canvassers with respect to the election at which the ballots were voted. However, the released materials shall be secured and preserved for the time period required by this act and the rules promulgated by the secretary of state.Amended by 2004, Act 92, s 16, eff. 4/26/2004.Add. 1990, Act 109, Imd. Eff. June 18, 1990 ;--Am. 1992, Act 8, Imd. Eff. Mar. 10, 1992 ;--Am. 1997, Act 137, Imd. Eff. Nov. 17, 1997. .