Challenger document updated with absent voter counting board changes

As part of the early voting legislation, several changes were made to the conduct of an absent voting counting board (AVCB), including the following:

• End of sequestration: Previously, with a few exceptions, an individual could not leave an AVCB after tallying began until the polls closed. Sequestration no longer applies, but it is still a felony to disclose election results before the close of polls.
• Use of devices: Previously, electronic devices capable of sending or receiving information, including phones, could not be used in an AVCB until the close of polls. Now, those devices may be used as long as they are not disruptive, but an individual may not photograph, or audio or video record, within an AVCB, with the exception of posted election results.
• The oath to be administered to election inspectors, challengers, and any other individual in attendance at an AVCB or combined AVCB, has changed to include references to photographing and recording in the AVCB.

BOE’s instructional document The Appointment, Rights, and Duties of Election Challengers and Poll Watchers has been updated to incorporate these statutory changes.

Early voting EPB setup instructions

Clerks coordinating an early voting region (for either single-municipality, municipal, or county agreements) are now able to configure early voting EPB devices in QVF. These steps include the following:

• Adding election inspectors as EV EPB users
• Configuring multifactor authentication
• Identifying computers as EV EPB devices
• Assigning precincts and jurisdictions to EV site tabulators
  • (Optional, only for regions with multiple tabulators in an EV site)

For instructions on adding this information, see the “Early Voting EPB QVF Setup Guide” in the eLearning Center.

Before completing these steps, clerks and EV coordinators must establish early voting regions and sites in the “Early Voting” module under “Elections” in QVF. For instructions on setting up the regions and entering sites and hours, see the “Early Voting Region QVF Setup Guide” in the eLearning center.

All of these steps must be completed prior to accessing the early voting EPB during the early voting period. Please note that, unlikely the Election Day EPB, the Early Voting EPB does not require software or file download. Similar to QVF, the Early Voting EPB is accessed through a browser with a secure connection. Information about using the Early Voting EPB will be shared in the training sessions.

Announcing: BOE February virtual training calendar

BOE will be hosting a number of virtual training sessions throughout February in preparation for the Presidential Primary election. All of the following events can be found in your “Events Calendar” in the eLearning Center.

Early voting EPB virtual training

BOE will be conducting multiple sessions of virtual training for the early voting electronic pollbook starting Tuesday, Feb. 6 through Friday, Feb. 9. To facilitate statewide access, this training is limited to election administrators serving as early voting supervisors or those who expect to train election inspectors to use the early voting EPB. Where possible, we encourage jurisdictions wishing to have multiple election staff participate in the training to consolidate their sign-up for the session to one administrator and viewing as a group locally. To sign up, please visit the eLearning Center.

There will also be a sandbox environment for the early voting EPB for training purposes that will available next week. We will provide more information in a future communication.

Early voting procedure virtual training

BOE will also be hosting virtual training sessions focusing on early voting site procedures on Feb. 12 and Feb. 14. Sessions will highlight early voting opening procedures, processing voters in the early voting EPB, suspending the polls and securing materials between days, closing the polls on election night, and more.

This training is intended for clerks who have not yet been trained on early voting procedures through the Proposal 2022-2 Regional Training or 2024 Train the Trainer tours. To sign up, please visit the eLearning Center.

Election administrators seeking additional resources to support election inspector training programs can find an extended training PowerPoint including early voting specific procedures and procedures covering the changes in law going into effect for the Feb. 27 Presidential Primary. A recording of the BOE’s virtual Train the Trainer session can be found in eLearning for viewing by interested election administrators.

Election mail issues

If you experience a delay, mail being held because of a billing issue, or other problem with United States Postal Service delivering election mail to your office, please submit this issue to ElectionMail.org using the following form: https://electionmail.org/report.

After doing so, if you could forward your confirmation email to MDOS-EASupport@michigan.gov, this will assist BOE in following up with USPS on the issue

Election Day Electronic Pollbook Practice Day

BOE staff will be available on Feb. 13 and Feb. 15 in Election Day EPB Practice Day sessions. Clerks can join the virtual meeting space at any point during the sessions for guidance in preparing and using the Election Day electronic pollbook before, during, and after Election Day. To sign up, please visit the eLearning Center. Again, please note that this is for the Election Day EPB. For information about training on the Early voting EPB, refer to the other articles in the News Update.

Signature cure notices

As described in the Oct. 12, 2023, News Update, voters have until 4 p.m. on the fourth day before Election Day to cure a signature deficiency on an AV ballot application and 5 p.m. on the third day after Election Day to cure a signature deficiency on an AV ballot return envelope. BOE has updated the Absent Voter Ballot Application Signature Cure Notice and the Absent Voter Ballot Return Envelope Signature Cure Notice templates to incorporate early voting and the new spoilation deadline, and those templates are available on eLearning.

You may also refer to BOE’s Signature Verification Training and Signature Verification and Voter Notification document for guidance on signature matching.

Receipt Acceptance Testing for new EV equipment

Just a reminder, as EV equipment is being delivered by vendors, Receipt Acceptance Testing is a county/jurisdiction responsibility and should be performed within 15 days of delivery. Some vendors may have an equipment checklist to help; however, the following procedures should be performed on all newly received equipment from the EV equipment purchase, including tabulators, VATs and ballot on demand (BOD). Acceptance testing will consist of accuracy tests as prescribed under the Electronic Voting System Promulgated Rules, Mich. Admin. Code R 168.771 et seq., and the standard test deck processes. It is recommended a primary or general election be used; however, a demo election provided by the vendor may also be used. Acceptance Testing is a responsibility of the county/jurisdiction and should not be performed by the vendor. Vendors can assist as needed but the actual testing needs to be done by the county/jurisdiction. Receipt Acceptance Testing has two parts outlined below.

1) Physical inspection

• Review all equipment for any damage that may have occurred during transport.
• Verify all the cords, media, peripherals, etc. were included.

2) Testing of equipment

• For tabulators, Standard Logic and Accuracy Testing procedures, including a test deck, should be run and verified on the equipment. Vendors, in cooperation with counties, need to make sure locals have the programming they need for acceptance testing.
• For VATs, set up equipment and make sure it performs as expected. Vendors, in cooperation with counties, need to make sure locals have the programming they need for acceptance testing. It is required that you duplicate some Test Deck ballots with the VAT and ensure they tabulate properly.
• For BOD, set up equipment and make sure it performs as expected. Select random ballot styles and make sure they print correctly. It is also required that you replace some of the tabulator Test Deck ballots with ballots created from the BOD system to ensure they tabulate properly. NOTE: Printers which come with the BOD system should only be used for BOD purposes and should never be used for any other printing purposes.

The Voting System Receipt/Acceptance Form needs to be completed and signed by each jurisdiction receiving EV equipment indicating the equipment is in working condition and is performing as expected. The form has a section to indicate the total number of each equipment type received for the Receipt Acceptance Testing process. The completed signed forms can be emailed to BOEOperations@Michigan.gov

Questions regarding testing procedures should be directed to David Tarrant, Bureau of Elections, at (517) 335-3230 or by e-mail at tarrantd2@michigan.gov.

Accessibility spotlight

BOE is continuing to feature a series of videos, events, links, and articles designed to increase familiarity with general accessibility requirements and best practices.

As election officials, it is critical that we support all individuals’ right to vote and provide the necessary resources to help voters feel more engaged and confident.

We believe that this series will be educational and help us all continue to ensure that everyone can vote privately and independently whether they vote at a polling place or at home. We encourage you to review the previous accessibility spotlights and use these videos in your trainings.

In our eighth installment, we are featuring ADA guidelines for polling places. This article is prepared by the U.S. Department of Justice Civil Rights Division. It focuses on Polling Place Accessibility and the Americans with Disability Act. Elections officials should find this useful in completing the polling place accessibility checklist that we highlighted in an earlier installment. The article can be found here: ada.gov/resources/polling-places-checklist/.

Reminders:

Early absent voter ballot processing deadlines

Jurisdictions wishing to process and tabulate AV ballots must have sent written notice to the Bureau of Elections by Jan. 30.

Feb. 9 - Deadline to post notice on website (if available) and in clerk's office of the location, dates, hours, and number of election inspectors for AV counting place if processing and tabulating AV ballots before Election Day.

Feb. 16 - Deadline for clerks processing and tabulating AV ballots before Election Day to post revised notice of location, dates, hours, or number of election inspectors, if needed.

Feb. 19 - Cities or townships with a population of at least 5,000 may begin processing and tabulating AV ballots.

Feb. 26 - Any city or township may begin processing and tabulating AV ballots.

Election inspector appointments

Election inspectors for the February Presidential Primary must be appointed by your election commission no later than Feb. 6.

Remember: Election commission meetings are subject to the Open Meetings Act, and formal action must be taken to appoint election inspectors (including receiving board inspectors and AVCB inspectors).

Presidential Primary reimbursement

Immediately after the Presidential Primary, county and local clerks may electronically submit a reimbursement form for expenses attributable to the Feb. 27, 2024 Presidential Primary. To prepare, clerks should review our Reimbursement Guidelines for the 2024 Presidential Primary document, which is now available in eLearning. Please watch for future News Updates with more information, along with links to worksheets and the online reimbursement claim form. In order to be reimbursed, claim forms must be received by May 27, 2024

Alternate addresses for AV applications and ballots

When clerks’ offices receive requests that an Absent Voter Ballot Application, a Ballot Selection Form, or an Absent Voter Ballot be sent to an address other than the voter’s permanent mailing address, it is important to record this as an alternate address in QVF, rather than a permanent mailing address. If a new permanent mailing address is inadvertently updated in QVF, this also updates the driver’s license file, triggering an update to the driver record and a notification to the voter that their residential or mailing address may have changed. If the mailing address provided by the voter is temporary for the immediate election, it is important to follow the guidance provided in QVF Manual Chapter 6 Absent Voter Tracking or the following Quick Guide: Adding Alternate Addresses for AV Applications and AV Ballots. If a voter contacts you to say they received a notice from the Secretary of State and they did not intend to update their permanent mailing address, please check the voter’s record, remove the permanent mailing address that was entered in error, and follow the instructions in the manuals above to enter the temporary mailing address in the correct location.

Presidential Primary: contacting voters who failed to make a ballot selection

Jan. 18 was the 40^th day before the Feb. 27 Presidential Primary election, marking the start of the period in which clerks are required to reach out to permanent mail ballot voters who have not yet made a ballot selection. Michigan Election Law does not specify when the contacting of voters must be concluded. In order for clerks to satisfy this statutory requirement, for this election cycle, we believe the best practice would be to ensure all follow-up communications are conducted by Feb. 13, which is the effective date of the legislation and would give voters a final opportunity to make a selection in time for ballots to be mailed and return.

Additionally, Michigan Election Law does not require all methods of communication (phone, email, text, mail) to be used at the same time. For example, if it is more efficient to email and text voters first, and follow up with phone calls and mail to those voters who have not responded, this would be an acceptable option. Clerks are also not required to use personal resources to communicate with voters if no municipal resources are available.

In this outreach, clerks can also direct voters to Michigan.gov/Vote to make their ballot selection. The Michigan Voter Information Center now includes a “Submit ballot selection form online” link for permanent mail ballot voters.

Finally, if permanent mail ballot voters still do not respond and make a ballot selection, and the jurisdiction has a local-only ballot available, the municipal clerk must send those voters a local-only ballot along with a notice that (1) they are receiving this ballot because they did not make a ballot selection and (2) the process by which they can still vote in the Presidential Primary. This notice is available in eLearning under “Presidential Primary Ballot Selection Form – Local Ballot Notice.” We recommend that these ballots be sent to voters by Feb. 16, so that voters who do wish to vote in the Presidential Primary can vote at their early voting sites. For more information on accommodations for permanent ballot voters specific to this election, refer to the “Permanent Ballot Voters for the Presidential Primary” guide in eLearning. For guidance determining which permanent ballot voters have not yet made a ballot selection, refer to the “Quick Guide: Presidential Primary Ballot Selection Form Report.”