§ 168.797aInstruction in method of voting on electronic voting system; use of ballot

processed through electronic tabulating equipment; procedure; detached stub; spoiled
 ballot; processing of challenged voter ballot; removal of ballot.
 Sec. 797a.
    (1) Before entering the voting station, each elector must be offered instruction in the proper
 method of voting on the electronic voting system. If the elector needs additional instruction
 after entering the voting station, 2 election inspectors from different political parties may, if
 necessary, enter the voting station and provide the additional instructions.
    (2) If the electronic voting system provides for the use of a ballot that is processed through
 electronic tabulating equipment after the elector votes, the elector shall transport the ballot to
 the ballot box, or other approved ballot container, without exposing any votes. Except as
 otherwise provided in this subsection, an election inspector shall ascertain, by comparing the
 number appearing on the ballot stub with the number recorded on the poll list, that the ballot
 delivered by the voter is the same ballot that was issued to the elector. Except as otherwise
 provided in this subsection, if the numbers do not agree, the ballot must be marked as
 "rejected", and the elector must not be allowed to vote. Except as otherwise provided in this
 subsection, if the numbers agree, an election inspector shall remove and discard the stub.
 Except as otherwise provided in this subsection, the election inspector shall deposit the ballot
 in the ballot box or other approved ballot container. If electronic tabulating equipment that
 deposits the voted ballot into the ballot box or other approved ballot container is used at the
 precinct, the election inspector shall return the ballot to the elector, and the elector shall
 deposit the ballot into the electronic tabulating equipment. The electronic tabulating
 equipment must be arranged so that the secrecy of the ballot is not violated. If required for the
 proper operation of the electronic tabulating equipment, 2 election inspectors from different
 political parties may periodically open the equipment to rearrange voted ballots and may
 transfer voted ballots to another approved ballot container. The requirement to compare a
 ballot number with the poll list does not apply to ballots used at an early voting site that are
 produced by an on-demand ballot printing system, absent voter ballots issued to individuals
 who register to vote or who update a voter registration at a clerk's office on election day as
 provided under section 761(7) that are produced by an on-demand ballot printing system,
 ballots issued to individuals who register to vote or who update a voter registration at an
 election day vote center as provided under section 523b that are produced by an on-demand
 ballot printing system, and ballots that are translated to a language other than English that are
 produced by an on-demand ballot printing system.
    (3) A ballot from which the stub is detached must not be accepted by the election inspector
 in charge of the ballot box or other approved ballot container. An elector who spoils the
 elector's ballot may return the ballot and secure another ballot. The word "spoiled" must be
 written across the face of the ballot, and the ballot must be marked and secured for later return.
    (4) A ballot of a challenged voter that has the names of candidates and questions printed
 directly on the voted ballot must be processed in the manner prescribed for challenging a vote
 cast by paper ballot. A challenge to a voter voting on an electronic voting system that does not


                                                                    Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026             Page 397 of 478                               Courtesy of legislature.mi.gov

 use an individual hard copy ballot must be processed in the manner prescribed for challenging
 a vote cast on a voting machine.
    (5) Except as otherwise provided in this act, an election inspector shall not allow any
 portion of a ballot, including a ballot stub, to be removed by any individual other than an
 election inspector from the polling place.