AB 749

This bill requires the Legislative Audit Bureau to conduct a performance audit

of election processes following a general election. The bill also requires the Elections

Commission to assist the counties and municipalities with the audit. Under the bill,

immediately following the state certification of the election results, the commission

randomly selects four counties and one city and one village from each of those

counties, except that one of the counties must be one of the ten most populous

counties in the state. LAB then conducts its audit in the municipalities selected by

the commission.

Under the bill, LAB may physically handle and examine all original election

materials, including ballots and absentee ballot certificates, at LAB's discretion, at

a secure site established by the municipal clerk and the commission. The bill also

requires the commission to ensure that LAB is able to conduct and complete its audit

and that the municipal clerks maintain management authority over the retention

and security of election records. Under the bill, the public is allowed to observe the

audit in observation areas established by the municipal clerk.

LAB must report any incident of noncompliance with the requirements under

the bill to the legislature. In addition, any person may commence an action in circuit

court to compel an election official or the commission to comply with those

requirements. If a court finds that an election official or the commission is

noncompliant, the official or commission is subject to a forfeiture of $500 for each day

of noncompliance. Finally, LAB must submit a report of its findings and

recommendations to the legislature no later than June 30 of the odd-numbered year

following the election.