Election Law Crimes

The Bureau of Elections would like to remind you of the following documents which outline various Election Law offenses. We ask county clerks to pass these on to your prosecutors and sheriffs, and municipal clerks to pass them on to your local law enforcement personnel.

The first, Violations of Michigan and Federal Election Laws Relevant to Election Day, provides a summary of the State and Federal offenses; the second, Election Law Crimes, provides the sections of Michigan Election Law referenced in the first document.

"Open Carry" Gun Laws: Questions arise about open carry laws and voters who carry on Election Day. As the Michigan Election Law is silent on this issue, we typically refer local clerks to local law enforcement agencies and/or their municipal attorneys. Other laws not administered or enforced by the Secretary of State, such as MCL 28.425o and 750.234d, govern the carrying of firearms in Michigan. Although these laws generally limit where a firearm may be carried, many individuals are exempt from these restrictions. This is why we direct clerks to contact local experts (law enforcement or legal counsel), as they are in the best position to assess whether firearms may be carried in each polling location.

Maintaining Order: Remember under MCL 168.678, "each board of election inspectors shall possess full authority to maintain peace, regularity and order at its polling place, and to enforce obedience to their lawful commands during any primary or election and during the canvass of the votes after the poll is closed."

Often law enforcement is not aware of actions and offenses that constitute crimes on election day and the authority of election inspectors. They generally respond to calls that are attached to actual election law violations.

As mentioned last week, the election process is a transparent and open process. However, any situation that creates a disruption of the voting process, or intimidation of any voters should be handled immediately by election inspectors. If a warning to the disrupting party does not resolve the situation, law enforcement should be immediately contacted to assist and ensure restoration of order in the polling place.

Also note that the Bureau of Elections is communicating with State law enforcement associations, asking for their assistance in alerting their local offices to these key election-day issues and encouraging them to reach out to the local clerks in their communities.

Thank you for making sure prosecutors and law enforcement are also prepared for Election Day!

Crowd Management

Over the last several months BOE has recommended a number of things to assist in crowd management. Turnout is anticipated to break mid-term records and compete with Presidential numbers.  Those recommendations include:

Voting Booths

As mentioned several times throughout the year, the big key to managing lines is having enough voting booths. The recommended number of booths is one for every 80-100 projected voters. These numbers also anticipate voters will show up in a steady stream and we all know that's not how it works in the real world.  The time it takes to vote the ballot will also play a factor.  Use the Voting Time Estimator tool to see the average time estimated to vote an entire ballot.

Precinct Layout

An effective precinct layout is one that:

• Allows for an orderly flow of voters

• Gives your election inspectors control of the environment

• Uses one door as an entrance and another as an exit when possible

• Maintains privacy and accessibility for voters throughout the process

• Provides a public area for poll watchers

Specialized election inspector positions to consider:

• Line Manager – an election inspector who verifies voters are in the proper precinct by using the Polling Place Greeting Application (not the same as the ePollbook, view the short training video) or a Precinct List

• Help Desk – an election inspector in charge of handling voter registration issues, such as changes of address, voters not on the list, challenged voters, etc.

• AV Processor – at least two election inspectors from differing political parties trained to process absentee ballots in the precinct

• Regional Chairperson – a chairperson elevated to supervise multiple precincts/chairpersons

• Closing Helper – an election inspector brought in at the end of the night to assist the chairperson with closing procedures

• Equipment Operator – an election inspector who has special training in troubleshooting the tabulator, Voter Assist Terminal, and ePollbook

Each jurisdiction is unique and one or more of the above positions may be helpful.

Educating your community and voters on what to expect on election day will pay dividends.

What to communicate to your voters:

• How, Where, and When to Vote Absentee

• Polling Locations and Hours

• Sample Ballots

Where to communicate:

• Advertisements – in the paper, in water bills or tax bills, etc.

• Newsletters – provided by the jurisdiction, neighborhoods, etc.

• Direct Mailing

• Newspaper, Radio, or TV Service Clubs and Organizations

• Your Website

• Social Media (Twitter, Facebook, etc.)

A Voter Tip Sheet has recently been released by the Bureau of Elections.  Consider posting or linking to it on your website!

Handling Emergencies on Election Day

Last Friday we reminded everyone to add or update their cell phone in the eLearning Center in order to receive texts from now through Election Day when a News Update is released.  That link was broken - our apologies!  Simply login and go to My Account to do this.

As Election Day approaches, it is important to take a moment or two to review emergency procedures. Remember county and local clerks cannot shorten or extend the polling hours unless and until directed to do so by individuals who retain the proper legal authority.

If an emergency occurs within your jurisdiction which could have potentially interrupted the voting process or closes one or more polling places in your jurisdiction, take direction from local law enforcement officials and call the Bureau of Elections as soon as possible. If it is necessary to evacuate a polling place for any reason, instruct the precinct board to take possession of the poll book before leaving the polling place.

If an emergency occurs outside your jurisdiction which raises questions over the interruption of the voting process or the suspension of the election, do not take action unless or until you receive direction from the Bureau of Elections. Polling hours cannot be extended beyond 8:00 p.m. without a court order.

Minor Emergencies:

Power Outages - Tabulators, some VATs, and Electronic Pollbooks will run for a significant amount of time if properly charged. Keep devices charging on Election Day!

Laptop/Flash Drive Malfunctions - Have precinct lists and pollbooks available for immediate use by election inspectors in the event of an EPB failure.

Also consider having a backup encrypted flash drive available for use.

Internet Outages: If Internet outages become an issue on Election Day, it may become problematic to access the QVF/EMP. If such a situation occurs in your local clerk’s office, please remember that voters who do not appear on the list, but certify that they are registered in the precinct could possibly vote by completing the Provisional Ballot Form . Also, both your county and the State Bureau of Elections have backup access to voter files and may be able to assist in locating voter records.

Reminder: In the event of a wide-scale emergency on election day, the Bureau of Elections will send a News Update.

BOE Question of the Week:

What else?

Answer:  Remind your election inspectors that they can refresh their training by watching our training videos on YouTube!

Have a question you'd  like to see in the Question of the Week?  Send it to elections@michigan.gov.