Discontinuance of the use of voting machines, recounts of machine-readable ballots, petitions for recounts, inspection of areas where voted ballots are stored, and destruction of ballots after an election

Recounts of machine-readable ballots Currently, with a limited exception, a board of canvassers must use automatic tabulating equipment to conduct a recount of ballots that are in machine-readable form. However, a candidate, or an elector if the recount is for a referendum question, may petition the circuit court for an order requiring ballots in machine-readable form to be recounted by hand or by another method approved by the court. To obtain such an order, the candidate or elector must show by clear and convincing evidence that due to an irregularity or mistake committed during the voting or canvassing process the results of a recount using automatic tabulating equipment will produce incorrect results and there is a substantial probability that recounting the ballots by hand or by another method will produce a more correct result and change the outcome of the election. This bill provides instead that the elector who petitions for a recount, a candidate at the election, or an elector who voted in a referendum that is the subject of a recount may file a written demand for the board of canvassers to recount the ballots in an election, or the ballots from a specified ward or polling place, by hand, in which case the board of canvassers must recount those ballots by hand.

Petitions for recounts Currently, any candidate voted for at an election may petition for a recount of the votes cast at the election. If the difference between the votes cast for the leading candidate and the candidate receiving the next highest number of votes is less than ten if 1,000 or less votes are cast or not more than 0.5 percent if more than 1,000 votes are cast, the cost of the recount is paid by the local government or governments where the votes are cast. If the difference in the numbers of votes cast exceeds that level, the petitioner must may a fee that depends upon the difference in the numbers of votes cast. This bill permits any elector who voted in an election for an office to petition for a recount of the votes cast at the election. Under the bill, the petitioner must pay a fee equal to the actual cost of performing the recount.

Destruction of ballots after an election Currently, ballots at an election may be destroyed no earlier than 30 days after the election except that: 1) ballots at a federal election must be retained until 22 months after that election; 2) if a recount or appeal of a recount is pending or if the time for petitioning for a recount or review of a recount determination has not expired on the 30th day after an election, ballots must be retained until the recount or appeal is finally adjudicated; and 3) a court may order the retention of ballots for a longer period. This bill provides that ballots at an election must be retained until 14 days before the next regularly scheduled election but in no case earlier than 30 days after an election.

Inspection of areas where voted ballots are stored This bill permits any individual, with reasonable prior notice to a municipal clerk or board of election commissioners, to inspect an area in which ballots relating to an election are stored after the election. The bill does not permit an individual to inspect ballots or to require the breaking of seals on ballot bags or containers.