2/8/24 News Update - 2024 Presidential Primary EPB addendum, Updated Election Crimes Manual, Presidential Primary FAQ, and More

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February 8, 2024

Regular Edition News Update #2024-6

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Updated Election Crimes Manual

BOE has updated the manual that describes election-related offenses, available through the BOE web page. This includes new information based on the enactment of Public Acts 252 and 253 of 2023, which made it a crime for an individual to intimidate an election worker, including an election inspector, because of their status as an election worker and with the specific intent to interfere with their performance of election-related duties. For a first or second offense, the individual who intimidates the election worker is guilty of a misdemeanor. For a third or subsequent offense, the individual is guilty of a felony. This prohibition on interference does not apply to constitutionally protected activity such as reporting or advocacy.

QVF updates

  • The AV List report will be updated this evening with a new option, “Show Ballots Returned Before,” to support jurisdictions doing multiple days of early absent voter ballot processing. This allows the report to provide a list of ballots returned within a specific date/time range.
  • The signature cure letter generated from QVF when a ballot is marked rejected has been updated to reflect the new template and timelines for curing.
  • Absent voter applications can be marked as rejected for signature deficiency. Note that the application signature cure notice will be added to QVF at a later date, and at this time, clerks should use the notice available in eLearning.
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Logic and accuracy testing deadline

Because of the introduction of early voting, there are now two separate deadlines for the public logic and accuracy test—5 days before early voting (in statute, MCL 168.720j) and 5 days before Election Day (in the Administrative Rules, R 168.778.) Because testing on the earlier date meets both of those deadlines, testing of all equipment be done by the earlier date, which will be Feb. 12 for any jurisdiction in which early voting begins on Feb. 17.

Presidential Primary FAQ

An updated presidential primary FAQ document is available through the BOE web page.

Presidential Primary Ballot Selection Follow-Up Communications

Clerks needing assistance in completing follow-up communications to voters who have not yet made a ballot selection for the Presidential Primary should contact the Bureau of Elections at  MDOS-EASupport@Michigan.gov. The Michigan Department of State can provide access to tools clerks can use to text and email voters. As with other costs related to the Presidential Primary, the costs of manual or automated calls to voters, and mailings to voters, are reimbursable. For more information, see the Jan. 25, 2024 News Update.

2024 Presidential Primary electronic pollbook addendum, including Election Day absent voter ballot conversion to Election Day ballot

The February 27, 2024 Michigan Presidential Primary requires tracking a voter’s ballot selection of a Democratic ballot, Republican ballot, or a ballot without a Presidential Primary where applicable. This requires temporary changes to certain election and Electronic Pollbook (EPB) procedures. This guide also provides procedural guidance on EPB procedures to document voter tabulation of AV Ballots on Election Day. Refer to the 2024 Presidential Primary Electronic Pollbook Addendum in eLearning.

Early Voting Information and Materials Playlist in eLearning

To find a collection of all our guides and resources developed for early voting, please visit our early voting information and materials playlist.

EPB

BOE February virtual training calendar

BOE is 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. If you were unable to attend a training, BOE will be posting a recording of the training along with supporting materials in eLearning.

Early voting EPB virtual training

BOE has one final session of virtual training for the early voting electronic pollbook on 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 view as a group locally. To sign up, please visit the eLearning Center.

A “sandbox” environment that can be used to practice using the early voting EPB for training purposes is now available. Please refer to our QVF + EPB Sandbox Guide in eLearning for the sandbox web addresses along with set up and usage guidance.

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.

Reminder: Receipt Acceptance Testing for new EV equipment

Just a reminder, as EV equipment is being delivered by vendors, a 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
    1. Review all equipment for any damage that may have occurred during transport.
    2. Verify all the cords, media, peripherals, etc. were included.
  2. Testing of equipment
    1. 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.
    2. 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.
    3. 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

In this issue:

  • Updated Election Crimes Manual
  • QVF updates
  • Logic and accuracy testing
  • Presidential Primary FAQ
  • Presidential Primary Ballot Selection Follow-Up Communications
  • 2024 Presidential Primary electronic pollbook addendum, including Election Day absent voter ballot conversion to Election Day ballot
  • Early Voting Information and Materials Playlist in eLearning
  • BOE February virtual training calendar
  • Reminders
    • Receipt Acceptance Testing for new EV equipment
    • Election mail issues
    • Early Voting EPB setup instructions
    • Absent voter counting board changes; challenger document updated
    • Signature cure notices
    • Election Day Electronic Pollbook Practice

Reminders:

 

Election mail issues

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

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

 

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, 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, unlike 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.

 

Absent voter counting board changes; challenger document updated

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, and election workers maintain the authority to restrict access to certain areas of voting facilities.
  • 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 record audio or video 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.

 

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 Form 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.

 

Election Day Electronic Pollbook Practice Day

BOE staff will be available Feb. 13 and Feb. 15 for 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. Information about training on the Early Voting EPB, can be found in other articles in the News Update.

Helpful Links

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