§ 168.795aElectronic voting system; approval by board of state canvassers; conditions;

approval of improvement or change; inapplicability of subsection (1); intent to purchase
 statement; instruction in operation and use; disapproval.
 Sec. 795a.
    (1) An electronic voting system shall not be used in an election unless it is approved by the
 board of state canvassers as meeting the requirements of sections 794 and 795 and instructions
 regarding recounts of ballots cast on that electronic voting system that have been issued by the
 secretary of state, unless section 797c has been complied with, and unless it meets 1 of the
 following conditions:
    (a) Is certified by an independent testing authority accredited by the national association of
 state election directors and by the board of state canvassers.
    (b) In the absence of an accredited independent testing authority, is certified by the
 manufacturer of the voting system as meeting or exceeding the performance and test standards
 referenced in subdivision (a) in a manner prescribed by the board of state canvassers.
    (2) The vendor or representative seeking approval of an electronic voting system shall do all
 of the following:
    (a) Deposit with the secretary of state a nonrefundable application fee of $1,500.00 for a
 new voting system and a fee of $500.00 for an upgrade to any existing system.
    (b) File with the secretary of state a list of all states in which the voting system has been
 approved for use. This list shall state how long the system has been used in the state and shall
 disclose any reports compiled by any state or local government concerning the performance of
 the system. The vendor shall remain responsible for filing this information on an ongoing
 basis.
    (c) File with the secretary of state copies of all standard contracts and maintenance
 agreements used in connection with the sale of the voting system. All changes to standard
 contracts and maintenance agreements shall be filed with the secretary of state.
    (d) Pay the cost for any field test required by the board of state canvassers.
    (e) State the number of voters each component of the voting system can process per hour
 under each of the following circumstances:
    (i) An election in which there are 10 or fewer items to be voted on the ballot by each voter.
    (ii) An election in which the ballot consists of the number of items typically voted on at a
 presidential general election in this state.
    (3) The board of state canvassers shall conduct a field test of all new voting systems as part
 of the certification process. The field test shall involve Michigan electors and election officials
 in simulated election day conditions. The test shall be designed to gauge voter reaction to the
 system, problems that voters have with the system, and the number of voting stations required
 for the efficient operation of an election based upon the vendor's statement provided under
 subsection (2)(e).
    (4) The board of state canvassers shall approve an electronic voting system for use in this
 state only if it meets the conditions of subsection (1) except that in an emergency situation that
 threatens the ability of a county, city, or township to conduct a scheduled election, the board of
 state canvassers may approve a correction of software or firmware after testing the software or
 firmware performance.
    (5) If an electronic voting system is approved for use before January 1, 1997 by the board of
 state canvassers, it may be used in an election. However, if the electronic voting system has its
 software or firmware improved or changed, the system shall comply with the requirements of
 subsection (1).



                                                                Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026           Page 393 of 478                             Courtesy of legislature.mi.gov

    (6) After an electronic voting system is approved, an improvement or change in the
 electronic voting system shall be submitted to the board of state canvassers for approval
 pursuant to this section. This subsection does not apply to the technical capability of a general
 purpose computer, reader, or printer to electronically record and count votes.
    (7) A county, city, township, village, or school district shall file "an intent to purchase
 statement" with the secretary of state 30 days before any purchase agreement is made to
 purchase a new voting system. The secretary of state shall provide all information concerning
 the operation of the voting system in Michigan or any other state to the local unit of
 government within 25 days after receiving the "intent to purchase statement".
    (8) The secretary of state shall instruct local election officials regarding the operation and
 use of an approved electronic voting system in order to carry out the purposes of sections 794
 to 799a and the rules promulgated pursuant to sections 794 to 799a.
    (9) If the board of state canvassers determines that an electronic voting system that was
 approved under subsection (1) no longer meets the requirements described in that subsection,
 the board of state canvassers may disapprove that voting system. An electronic voting system
 that has been disapproved by the board of state canvassers under this subsection shall not be
 used in an election, unless it is reapproved by the board of state canvassers under subsection
 (1).