§ 168.795Electronic voting system; requirements; method for rendering electronic

tabulating equipment inoperable; equipping each polling place with accessible voting
 device.
 Sec. 795.
    (1) An electronic voting system acquired or used under sections 794 to 799a must meet all
 of the following requirements:
    (a) Provide for voting in secrecy, except in the case of voters who receive assistance as
 provided by this act.
    (b) Utilize a paper ballot for tabulating purposes.
    (c) Permit each elector to vote at an election for all persons and offices for whom and for
 which the elector is lawfully entitled to vote; to vote for as many persons for an office as the
 elector is entitled to vote for; and to vote for or against any question upon which the elector is
 entitled to vote. Except as otherwise provided in this subdivision, the electronic tabulating
 equipment must reject all choices recorded on the elector's ballot for an office or a question if
 the number of choices exceeds the number that the elector is entitled to vote for on that office
 or question. Electronic tabulating equipment that can detect that the choices recorded on an
 elector's ballot for an office or a question exceeds the number that the elector is entitled to vote
 for on that office or question must be located at each polling place and programmed to reject a
 ballot containing that type of an error. If a choice on a ballot is rejected as provided in this
 subdivision, an elector must be given the opportunity to have that ballot considered a spoiled
 ballot and to vote another ballot.
    (d) Permit an elector, at a presidential election, by a single selection to vote for the
 candidates of a party for president, vice-president, and presidential electors.
    (e) Permit an elector in a primary election to vote for the candidates in the party primary of
 the elector's choice. Except as otherwise provided in this subdivision, the electronic tabulating
 equipment must reject each ballot on which votes are cast for candidates of more than 1
 political party. Electronic tabulating equipment that can detect that the elector has voted for
 candidates of more than 1 political party must be located at each polling place and
 programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected
 as provided in this subdivision, an elector must be given the opportunity to have that ballot
 considered a spoiled ballot and to vote another ballot.
    (f) Prevent an elector from voting for the same person more than once for the same office.
    (g) Reject a ballot on which no valid vote is cast. Electronic tabulating equipment must be
 programmed to reject a ballot on which no valid vote is cast.
    (h) Be suitably designed for the purpose used; be durably constructed; and be designed to
 provide for safety, accuracy, and efficiency.


                                                                   Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026             Page 391 of 478                              Courtesy of legislature.mi.gov

    (i) Be designed to accommodate the needs of an elderly voter or a person with 1 or more
 disabilities.
    (j) Record correctly and count accurately each vote properly cast.
    (k) Provide an audit trail.
    (l) Provide an acceptable method for an elector to vote for a person whose name does not
 appear on the ballot.
    (m) Allow for accumulation of vote totals from the precincts in the jurisdiction. The
 accumulation software must meet specifications prescribed by the secretary of state and must
 be certified by the secretary of state as meeting these specifications.
    (n) Be compatible with or include at least 1 voting device that is accessible for an individual
 with disabilities to vote in a manner that provides the same opportunity for access and
 participation, including secrecy and independence, as provided for other voters. The voting
 device must include nonvisual accessibility for the blind and visually impaired.
    (2) Electronic tabulating equipment that counts votes at the precinct before the close of the
 polls must provide a method for rendering the equipment inoperable if vote totals are revealed
 before the close of the polls. Electronic tabulating equipment that tabulates ballots, including
 absentee ballots, at a central location must be programmed to reject a ballot if the choices
 recorded on an elector's ballot for an office or a question exceed the number that the elector is
 entitled to vote for on that office or question, if no valid choices are recorded on an elector's
 ballot, or if, in a primary election, votes are recorded for candidates of more than 1 political
 party.
    (3) Each jurisdiction in this state conducting an election shall equip each polling place with
 at least 1 accessible voting device as required under subsection (1)(n).