political party membership; challenge; vacancies.
Sec. 674.
(1) Notwithstanding any other provision of law to the contrary and subject to this section,
the city and township board of election commissioners, at least 21 days before each election,
but in no case less than 5 days before the date set for holding schools of instruction, shall
appoint for each election precinct and early voting site at least 3 election inspectors and as
many more as in the board's opinion is required for the efficient, speedy, and proper conduct of
the election. The board of election commissioners may appoint as election inspector an
individual on the list submitted by a major political party under section 673a who is qualified
to serve under section 677. An appointment of an election inspector under this section is void
if a properly completed application for that election inspector is not on file in the clerk's office
as prescribed in section 677.
(2) The board of election commissioners shall designate 1 appointed election inspector as
chairperson. The board of election commissioners shall appoint at least 1 election inspector
from each major political party and shall appoint an equal number, as nearly as possible, of
election inspectors in each election precinct from each major political party. The board of
election commissioners may appoint election inspectors in an election precinct from minor
political parties. Not later than 2 business days following the appointment of election
inspectors under subsection (1) for elections in which a federal or state office appears, the
board of election commissioners shall notify by certified mail, personal service, or electronic
transmission capable of determining date of receipt the county chair of each major political
party of the names and political party affiliations of appointed election inspectors and the
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precincts to which those election inspectors were appointed. A board of election
commissioners shall not appoint an individual as an election inspector if that individual
declares a political party preference for 1 political party but is a known active advocate of
another political party. As used in this section, "a known active advocate" means an individual
who meets 1 or more of the following:
(a) Is a delegate to the convention or an officer of that other political party.
(b) Is affiliated with that political party through an elected or appointed government
position.
(c) Has made documented public statements specifically supporting by name the other
political party or its candidates in the same calendar year as the election for which the
appointment is being made. As used in this subdivision, "documented public statements"
means statements reported by the news media or written statements with a clear and
unambiguous attribution to the applicant.
(3) The county chair of a major political party may challenge the appointment of an election
inspector based on the qualifications of the election inspector, the legitimacy of the election
inspector's political party affiliation, or whether there is a properly completed declaration of
political party affiliation in the application for that election inspector on file in the clerk's
office. The challenge must be in writing, specifically identify the reason for the challenge, and
include any available documentation supporting the challenge. The county chair of the
political party shall file a challenge under this subsection with the board of election
commissioners not later than 4 business days following receipt of the board of election
commissioners' notice of appointed election inspectors under subsection (2).
(4) Upon receipt of a challenge under subsection (3), the board of election commissioners
shall determine whether the appointee has the necessary qualifications by reviewing the
application or any other official records, such as voter registration records, or whether the
applicant has a properly completed certification of political party affiliation in the application.
If the challenge alleges that the appointee is a known active advocate of a political party other
than the one on the appointee's application, the board of election commissioners immediately
shall provide the appointee with a copy of the challenge by certified mail, personal service, or
electronic transmission capable of determining date of receipt. The appointee may respond to
the challenge within 2 business days after receiving a copy of the challenge. A response must
be by affidavit addressing the specific reasons for the challenge. Failure to respond results in
revocation of the appointment. Within 2 business days after receiving the challenge or a
response from the appointee, whichever is later, the board of election commissioners shall
make a final determination and notify the appointee and the county chair of the political party
of the determination.
(5) If a vacancy occurs in the office of chairperson or in the office of election inspector
before election day, the chairperson of the board of election commissioners shall designate
some other properly qualified applicant or election inspector as chairperson or some other
qualified applicant as election inspector, as applicable, subject to this section. If a vacancy
occurs in the office of chairperson on election day, the remaining election inspectors shall
designate 1 of the election inspectors as chairperson.§ 168.674Precinct and early voting site election inspector; appointment; chairperson;
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