MANAGING THE MODERN MICHIGAN TOWNSHIP

38 works at the job part time and is not involved in the day-to-day operations. The position becomes more like that of the mayor in a council-manager system. Involve- ment in daily affairs for such a supervisor lessens although involvement in overall policy direction remains high.

THE TOWNSHIP CLERK AS POLICYMAKER

Residents probably do not see the township clerk as having important policymaking responsibilities. We suspect this perception arises from the title of the office; clerk, after all, is the title given to entry-level positions in large corporate and govern- mental offices. Consequently, citizens do not fully comprehend the scope of the township clerk’s job, or the tasks of clerks in other local governments for that matter. The legislature, though, has not overlooked this position in the local gov- ernment. It has made the office repository for assignments that seem not to fit well elsewhere. As a result, the township clerk is involved officially in more matters of township business than any other officer.

The activities of the clerk’s office center around statutorily-assigned functions. Most of them are administrative in nature and so are discussed in more detail in the next several chapters.

Since many of the clerk’s duties are carefully detailed by state law and do not permit much personal discretion by the officeholder, we might conclude that the clerk’s position does not contribute to township policymaking. The township clerk, however, is a full-fledged member of the township board with a vote equal to the other members. Hence, the clerk is also a township legislator, voting on the ques- tions of budget, personnel appointments, zoning, and all other matters that come before the township board.

The clerk’s policymaking role also rests upon matters that involve citizen contact. Requests for information about all kinds of township questions – from meeting places and dates to absentee ballots and zoning hearings – come to the clerk’s office by telephone, letter, e-mail, and personal appearance. The clerk’s role with respect to financial accounting for expenditures is essential to determining how much the rest of the board and the public know about township spending. The clerk’s approach to voter registration and absentee voting may encourage or dis- courage voter participation. Whether the township government presents the ap- pearance of being open or closed, friendly and inviting or hostile to the public, depends upon the policies and practices that, for the most part, are set by individual clerks. The office of clerk, then, plays a significant role in setting the tone for the township government itself.

We consider briefly some of the policy alternatives in the four major areas of clerk responsibilities – public information, elections administration, records adminis- tration, and financial accounting.

PUBLIC INFORMATION One of the policies in the philosophy of Michigan government is the public’s right CHAPTER 2

39 to know about the affairs of government. This policy is detailed in statutes that set minimum standards for notifying the public. The usual minimum standard is post- ing an official notice of upcoming meetings at the township hall. Some board ac- tions and ordinances must be published in a newspaper of “general circulation in the township.” Often the law specifies the content of the notice form itself.

When a clerk follows the practice of “the law requires me only to do this much,” the clerk, in effect, may be adopting a policy of limited public involvement in township affairs. Why? Because most official notices, printed in fine type, are often carried in the back pages of the newspaper. Citizens who really care, of course, can labor through these pages but the operating policy really is one of not aggressively seeking to inform the public.

Can clerks do anything differently? In this day of the Internet and a time when the number of people have access to this communications medium, a township clerk may seek to have her/his own Web site and use it to notify the public about meet- ings. They might consider using radio and television public service spots, espe- cially cable television where it is available, in addition to printed notices. Or they can place notices in more conspicuous places in newspapers, or headline the printed notices with understandable summaries as well as the necessary legal jargon. In addition, clerks can try building relations with news reporters to inform the public of meeting agendas and pending items through printed and broadcast news stories. These opportunities present township clerks with policy alternatives in the area of public notification and information. The clerk largely determines whether the town- ship has an aggressive policy of seeking to inform the citizens about township government business.

ELECTIONS ADMINISTRATION In elections administration we find a similar situation. State law closely regulates the election system, as indeed it should. But the law nonetheless provides ample latitude for the township clerk to exercise policy leadership. With respect to voter registration, for example, the township clerk may do the minimum by being avail- able at the township office or in a home office as the law demands. But if the clerk’s policy is to encourage voter registration, she or he may encourage school officials to be deputized (officially designated) as “registrars” to register students in the high schools, older people in township senior citizen centers, or other citizens in local shopping centers. (See Chapter 3 for a more complete discussion of elections administration.)

Absentee voting rules offer similar policy alternatives. Persons wishing to vote absentee must apply for an absentee ballot and state the reason they are not able to vote in person on election day. In recent years absentee voting has been on the increase in most places and reasons have become somewhat routine. A clerk might be of greater assistance by maintaining a list of persons who traditionally vote absentee and mail absentee voter applications to these persons, even though they do not ask for one. These are largely policy choices.

The township clerk can also exercise policy direction on the type of voting equip- ment to be used – paper ballots, voting machines, or punchcard, or other electronic MANAGING THE MODERN MICHIGAN TOWNSHIP

40 devices. Moving from one method to another, of course, involves appropriations and, therefore, township board approval. But the method of voting is in the clerk’s bailiwick. If changes are to be made, they will likely be at the initiation of the township clerk.

RECORDS ADMINISTRATION Township clerk offices are the repositories for most township records. We might see this as a routine matter that does not provide much opportunity for policy initia- tive. But one policy alternative would have the clerk’s office serving all of town- ship government as a document center, employing filing methods that provide quick retrieval, and providing prompt service to citizens doing business with the town- ship. Not every township clerk, of course, is in a position to provide a records center service. Many clerks have only a home office; others lack staff who can help provide such a service.

Another policy approach regarding records is the clerk’s practice regarding citizen access to records. Some townships and their clerks are now using the computer to assemble and distribute the meeting packet; that is, they are digitizing the meeting packet. Through this technique, not only board members, but residents as well, can access the materials for meetings, minutes, proposed zoning changes, and many other documents the developing township is likely to generate.

One could argue that such practices deal more with administration than with policy. Perhaps it is true. However, such developments do not take place in the absence of a clerk’s policy approach of choosing to be efficient and to serve fellow board members and residents effectively.

FINANCIAL ACCOUNTING Michigan has a uniform chart of accounts for financial accounting in local govern- ment. As a result, we might conclude again that the clerk, who is responsible for financial accounting, has little policy discretion. But one of the major decisions clerks make is the extent to which they use the uniform chart and how consistently. Other areas of policy discretion include the frequency, timeliness, and clarity of financial reports. Does the clerk intend these reports to be informative for other board members? Or do the financial reports only confuse readers about the finan- cial condition of the township, especially with respect to the current year budget? Are financial reports regular – monthly, or at least quarterly – and timely with respect to the end of the accounting period?

IN SUMMARY The township clerk has substantial discretionary authority and flexibility to initiate and make policy both within the domain of the township clerk and as a member of the township board. Township clerks play an important role in giving leadership as to how the township board conducts its business. MANAGING THE MODERN MICHIGAN TOWNSHIP

42 substantial sums on hand. The attorney general, however, held that township trea- surers have no statutory obligation to “invest tax collections or to maximize invest- ment income on such tax collections.”47 At the same time, residents would be disappointed if treasurers left the township cash reserves lie idle in the township checking account. But they would be even more disappointed if they placed the reserves into high-risk instruments that ended the loss not only of interest but of principal as well. Treasurers, thus, should make policy choices that fall between these two extremes.

TAX COLLECTION The big task of the township treasurer, of course, is collecting and disbursing property tax receipts. State law defines this responsibility in detail, but treasurers have some discretionary authority, both in terms of the general public and working in the office.

The general public is probably in its worst mood when it gets the property tax bill. Townships get a great deal of the blame for high tax bills, even though they are responsible for only a very small portion of the total. The public generally knows that but often forgets.

Treasurers cannot make paying taxes pleasant but they can at least adopt a policy to inform citizens about taxes. Treasurers can consider whether the tax bill itself is understandable and whether a statement about property tax receipts – how they are distributed and how property assessment increases are limited to the lesser of the rate of inflation or 5 percent – might be helpful. How treasurers view their respon- sibilities in these respects are policy matters that treasurers themselves can decide.

Other policy matters relating to tax collecting concern office hours during tax time, equipment to be used, control procedures in the office, security arrangements, and the frequency of disbursements to schools and other agencies for whom taxes are collected. State law specifies some minimum requirements on these questions, but treasurers have some flexibility within these rules. For example, some townships place bar codes on the tax bill to expedite the collection and reconciliation process. Others have made arrangements for residents to make payments to the township by credit card.

Township treasurers have particular responsibilities to collect delinquent taxes on personal property – responsibilities discussed in detail in Chapter 5. Again, state law demands certain levels of performance, but in many cases, the treasurer’s policy and judgment determine how the requirements will be carried out.

PROTECTION FOR CLERKS AND TREASURERS

As elected officials, clerks and treasurer hold a special trust that other board mem- bers and citizens sometimes overlook. Sometimes citizens and township board members are inclined to view clerks and treasurers as township employees which, of course, they are not. They are chosen by election for the purpose of carrying out certain state and township responsibilities. The law holds these officers directly responsible for these duties. And short of gross improprieties, others in the CHAPTER 2

43 township hall may not interfere in the performance of their tasks.

The law referred to here has developed in connection with county officials, but an appeals court decision also addresses the matter with respect to townships. The case involved a township board resolution forbidding the township clerk to remove township records from the office for more than 18 hours at a time. The board also sought to direct the township secretary, rather than the clerk, to receive all incom- ing mail and bills. The clerk sued and ultimately the Michigan Court of Appeals ruled that the board action was improper because it interfered with the clerk’s du- ties.48

County law is not entirely applicable to township clerks and treasurers but some parallels may apply. A 1986 Michigan Supreme Court decision held that the elected county officers were “co-employers” with the board of commissioners.49 This means that county officers are parties to collective bargaining agreements that affect em- ployees in their respective offices. Consistent with this decision, an earlier attorney general opinion ruled that boards of commissioners could not impose a personnel policy on the employees of the county officials. As desirable and reasonable as such a personnel policy may be, the law does not allow the county board to “inter- fere” in this way. 50

As a result of that decision, county officers have the legal authority to refuse to sign a labor-management agreement if they were not pleased with the way the proposed contract affected the employees in their offices.

In view of these rulings, can the township board set minimum qualifications and establish working conditions for employees in the offices of elected officials? Cer- tainly it can, if the officer concurs, but boards that do so in the face of opposition by the clerk or treasurer may be treading on thin ice. This general rule applies espe- cially to chief deputies – employees who are appointed to act on behalf of clerks and treasurers. A special trust relationship should exist between the elected official and the chief deputy. Thus, clerks and treasurers are free to select, at a minimum, their chief deputies. At the same time, it is important to note that the major differ- ence between county officers and those in townships is that county officers are not members of the policy board and this court decision gave them a direct voice in the contractual arrangements. Township officers, on the other hand, are members of the policy board and therefore have a voice in the contract. Hence, the precedents for county officers may not be applicable to township officers.

Similarly, in the matter of budget appropriations, the township board must exercise some care. In a Wayne County case, a circuit judge ruled that the county board could not make an across-the-board funding cut of 15 percent for all county depart- ments. The board appealed and the appeals court, while affirming the county board’s budgetary authority, ruled that the elected officers were mandated to provide cer- tain services and the board of county commissioners was obligated to appropriate funds sufficient to carry out those duties.51

The judge did not say boards must give whatever elected officials ask for. But cuts cannot be so severe as to render the office unable to perform the constitutionally and statutorily mandated functions. Because township officers have constitutional MANAGING THE MODERN MICHIGAN TOWNSHIP

44 and statutory duties, the principles of this decision may apply to township boards as well.

We do not state these principles to encourage clerks and treasurers to flaunt their special status. Fundamentally, they need to work at cooperating rather than at being independent. As members of the board that makes those decisions, clerks and trea- surers are well advised to try to shape board policies during the debate and there- after to live as best they can with the results. Our purpose is to address other board members who may inadvertently interfere with the statutory duties of these town- ship officials. A clerk or treasurer may be fair game in the political arena, but not to the point these officials cannot carry out their statutory responsibilities.

THE ROLE OF DEPUTIES Clerks and treasurers must each name a person to work a deputy with the authority to act for them in all respects except for their membership on the township board. At one time, the attorney general held that deputies also were permitted to vote in the clerk’s or treasurer’s absence.52 But in 1982 the legislature clarified this point – deputies may not vote on issues before the board.53

These deputies must file an oath of office and a fidelity bond. In many townships, of course, these deputies function as employees of the township with a special designation and are paid on a salary basis. They are not required to have a full-time, salaried employment arrangement with the township, however. The legislature’s concern was to have a person authorized to take the place of the clerk or treasurer in the event of absence, illness, disability, or death of the clerk or treasurer. Hence, the law permits the township board to make the decision as to how the deputy is to be compensated.54 For deputies who are salaried and full time, it is probably ap- propriate to continue the person’s salary at its regular rate. On the other hand, if the deputy is “standing in” for an extended period, it may be appropriate to provide a temporary increase.

In the past, supervisors did not have deputies, at least officially. Now the statute permits them to appoint a deputy if they wish, but one is not required as is the case with clerks and treasurers.55 The statute states that the supervisor’s deputy serves at the pleasure of the supervisor and is paid on a salary or other basis as the township board determines. The act also states that the deputy possesses the powers and must perform the duties of the supervisor, and, of course, does not have a vote on the board. May the supervisor’s deputy chair the annual meetings of the township? The answer is no because another statute directs the clerk to serve in that capacity until members in attendance chose a moderator.56 What about regular meetings of the board? This issue is resolved by a statute designating the clerk to preside until the members present select a person to chair the meeting. Because it is not likely that the supervisor will be absent very often, it may be wise to incorporate such a provision in the board’s bylaws. The bylaws could also provide for the designation of a chair pro tempore at the organizational meeting each year. A member, then, would be elected by the members to serve as temporary chair whenever the super- visor is absent. In the event both members are absent, the board could then revert to the specifics of the statute. However, these are matters that the board arranges for in it bylaws. MANAGING THE MODERN MICHIGAN TOWNSHIP

86 performing the assessing tasks, a provision specifically stated in law.21 Moreover, a 1965 Michigan Supreme Court case states that township boards have broad authority in determining which services are compensable and how much the com- pensation should be.22 But the attorney general introduced one other element. In a 1982 ruling the Department held that the two offices occupied by the same person are not consistent with the law on incompatible office holding.23 However, since the ruling, the legislature amended the law on incompatible officeholding saying that the law did not apply in jurisdictions with populations of less than 25,000.

After all of these fine points of law, the advisory committee and township board should consider carefully the wisdom of going down the trail of the supervisor’s being appointed township manager. Clearly, if the “manager” got cross-wired with the board to the point where the township board majority fired the “manager” who also happened to be the supervisor, feelings on the board would likely be strained for the rest of the term.

TOWNSHIP CLERKS AS ADMINISTRATORS

As noted elsewhere, the office of clerk in many of Michigan’s local governments has become a repository for duties that the state legislature and local legislative bodies could not, with ease, assign elsewhere. In large part, the potpourri of duties that many township clerks have accumulated has resulted from the general ten- dency of this office to become the first full-time office in township governments. When the township board considers adopting a new rule – for example, establish- ing a procedure to reserve the township hall – the clerk’s office, because it is staffed, is given the responsibility.

The range of duties thus given to the township clerk varies widely over the state. In our discussion of the office, we narrow the list substantially. In this chapter we consider the role of the clerk as elections administrator. We will review records management in the following chapter and accounting in the chapter on finance.

ELECTIONS ADMINISTRATION State government exercises a great deal of control over the election process. Elec- tion rules are very detailed and specific. Local clerks in townships and cities around the state are the first-line administrators of all elections in the state, from the people’s choice for constable to President of the United States and every elected official in between. It is important, therefore, that all clerks operate their systems under com- mon rules and in ways compatible with other jurisdictions.

But another concern is that citizens maintain a high degree of confidence in the electoral system. To have a system that is subject to suspicions and accusations about manipulation and fraud would soon destroy citizens’ belief that elected offi- cials got their office “fair and square.” State government over the years has thus generated a set of complex rules that township and city clerks administer.

We will review the Michigan election process, following as much as possible the sequence of actions as they occur. We begin with voter registration. CHAPTER 3

87 Voter Registration A few states in the United States do not require registration as a condition of vot- ing. Michigan is not one of them. Residents of Michigan must register in the local unit in which they reside before they are eligible to vote. People wishing to register must meet four qualifications: they must be citizens of the United States, residents of the municipality on the 30th day prior to the next election, at least 18 years of age, and residents of the state for 30 days or more.24 All persons who will meet the age and residency requirements by the next election must be permitted to register, even though at the time they are registering they do not meet the qualifications. Michigan no longer requires voters to indicate a political party preference. The legislature repealed that provision when it changed the rules on the quadrennial presidential primary elections. (The Democratic Party, it should be noted, has not participated in the presidential primary process for several presidential elections. Rather, it has been using a political caucus system to show the party’s preference for the presidential nominee. The practice of the Michigan Democratic Party is an option of the party and may change from time to time.)

Facilitating Voter Registration Registration of voters is an administrative means for maintaining the integrity of the election process. The historic concern has been that the registration process not be an impediment to voting itself. A few states such as Minnesota, address the situation with a process called “same day registration.” It permits people to appear at the polls on election day, to register, and then vote. While that is a friendly process, many fear that it has the potentiality for corrupting the election process. Because Michigan has more registration units (townships and cities) than many other states, the possibility of being disenfranchised for failure to register after changing residences is much higher.

The percentage of people voting in all elections has been falling over the last sev- eral decades. When people are surveyed as to reasons they did not vote, the most common response has been that they were not registered. Whether that was the actual reason for low voter turnout has become academic. Policy bodies, including state legislatures and Congress, began to impose new practices for registering vot- ers. In 1975 Michigan introduced the practice of having the secretary of state branch offices process voter registration applications for persons to vote, as they appeared to obtain a driver license or conduct other business at branch offices.25 These of- fices then forwarded the applications to the local township or city clerk who then processed the application and finalized the registration. While this system was never foolproof, involved numerous errors, and was often an irritant to many clerk of- fices, it did result in the registration of people who might otherwise have not been registered. The overall result was an increase in the number of voter registrations but not necessarily voter turnout.

The Michigan Legislature had also passed a law requiring municipal clerks to ap- point persons as deputy registrars. People with such designations could conduct efforts in shopping centers or other locations to register people to vote.26 In 1994 the legislature repealed these provisions.

Then in 1993 Congress imposed its remedy on the system by passing what became known as the “Motor Voter” law.27 Key to the act was a national requirement that all states facilitate voter registration through motor vehicle bureaus. That part did not MANAGING THE MODERN MICHIGAN TOWNSHIP

88 affect Michigan because that was already being done. But it also requires states to permit the registration of voters by mail, other government agencies such as wel- fare offices, and military recruitment offices. In addition, the federal law restricted significantly the process for “purging” voter registration files in local clerk offices. (Technically, the federal law applied only to people voting for federal officials. But, of course, as a practical matter, it affected the entire process.)

Two years later, the Michigan Legislature passed its own law to establish an en- tirely new approach to voter registration. State officials had long been seeking a way to cut back on the highly decentralized administration of voting processes. Some officials had “dreamed” about transferring responsibility for elections to the county level but the idea never materialized. But then along came computer tech- nology and that opened the door for a balance between the need to centralize some of the voting administration without removing township and city officers from the process. The “solution” was the Michigan Qualified Voter File or “QVF.” This electronic system enabled the state to establish a single, statewide electronic file in which both state and local personnel participate in establishing and maintaining.28

After nearly five years of design, experimentation, and implementation, the system became ready for the national, state, and local elections of 2000. In brief, the system is one in which the Bureau of Elections in Lansing maintains a computerized data file of registered voters. The registration data come from several sources − people who apply for driver licenses or state ID cards, have contacts with state social services agencies, and those who go to the local township or city clerk to register as a voter. Clerks may access the file directly and download the state files for their respective jurisdictions. Clerks of smaller units access the file through the office of the county clerk.

Secretary of State Registrations. Secretary of state offices have been participating in the voter registration process since 1975. The purpose is to make it easier for people to register or update their registration after moving. In the past, state personnel forwarded the applications directly to the municipal clerk or to the appropriate county clerk who then distributed them to clerks as shown on the form. Now, the state personnel transfer the data to the file of the relevant jurisdiction or county for smaller units electronically. In the past, clerks have had difficulties with secretary of state registration applications because they too often received appli- cations for people who were not residents in their units. When that happened, the law required each clerk to forward the application to the proper clerk. If a clerk could not determine who the proper clerk was, they were to return the application to the office of secretary of state.

It is hoped that much of this confusion is history now that the QVF is in place. The transition, though, has been difficult for a number of reasons. One reason, for ex- ample, was that many residences in rural areas did not have house numbers; only rural route designations. Moreover, the state offices did not have sufficiently pre- cise information as to the boundaries of local jurisdictions. And, of course, human error, perhaps, explained some of the misdirected messages. Now, with the pres- ence of the QVF, precise delineation of township and city boundaries, as well as the electronic transfer of data, many of the difficulties associated with the registration process have become virtually nonexistent. The new system for registration, though, CHAPTER 3

89 uses a backstop methodology by requiring township and city clerks to check and validate the information before it becomes part of the electronic file.29

Other Office Registrations. Personnel in the offices of the secretary of state, of course, do not register all persons. Some residents continue to appear at the offices of township clerks to register to vote. But some townships do not have a central office. That may be a problem for newcomers to the township until they learn who the township clerk is, where he or she lives, and when the person is usually available. One way of dealing with that aspect is having clerks take registra- tions received in one township and forwarding them to the clerks of the townships where the registrants reside. People, however, are not limited to registering to vote at the local clerk’s office. They may also apply for registration at the office of the county clerk or one of the designated state agencies. They may also file applica- tions by mail to any of the mentioned agencies.30

In order to assist these and other potential registrants, the law requires the township clerk to publish newspaper notices at least twice prior to the close of registration stating where and when the clerk will be available to accept registration applica- tions. Clerks should do what they can to have newspapers place these notices in conspicuous rather than obscure places in the newspapers. Clerks may also find it useful to get public service announcements on radio, television, and the township website to inform citizens. The law also permits the township board, in townships where the clerk does not have regular daily office hours, to instruct the clerk to be at a designated place to receive applications during five days prior to the close of registration.31

The state provides this rule so that citizens will not be disenfranchised needlessly, because the law also permits clerks to close registrations 30 days prior to each election, a time when many citizens may just begin to think about the upcoming election. Although clerks must accept applications to register any time, they do not have to process applications received during the 30-day period until after the up- coming election has been held.32 The “late” registration enables the person to vote in subsequent elections. Clerks must send such late registrants a card explaining their voting status.33

What the law provides, then, is a 30-day period for clerks to prepare for an elec- tion, to complete the processing of applications, and update records so everything will be ready on election day. The law favors citizens rather than clerks, though; if the first day of the 30-day period falls on a weekend or a holiday, the clerk must accept and process applications the following workday.

It also favors the citizen in another way. If a person shows up at the precinct to vote and finds that his or her name is not on the voter list, the person must be permitted to vote under certain conditions. The conditions are:

♦ The voter must present a receipt verifying the acceptance of an application. If the voter then completes a new application and otherwise meets the qualifications to vote in that city or township. MANAGING THE MODERN MICHIGAN TOWNSHIP

90 ♦ The voter is unable to present a receipt but otherwise meets the qualifica- tions to vote in that city or township, and, at the polling place or other place designated by the clerk and the voter then (a) signs an affidavit affirming that he or she submitted an application or mailed an application on or before the close of registration. (b) completes a new application, and (c) provides proof of identification sufficient to satisfy the identity and residence of the voter.34

Clerks seek to guard against fraud with respect to voter registration and voting. At the same time they do not wish to discourage citizens from voting. Thus, they have a difficult balance to maintain – administer the rules and encourage participation. With respect to upholding the law, it essentially requires clerks to honor the word of persons seeking to register. Although false registration is a misdemeanor, clerks have little leverage on the whole affair unless they have firsthand information that a person lied, retained registration in more than one jurisdiction, or voted more than once in the same election. Widespread election fraud is rare, and it seems that clerks focusing on maintaining up-to-date records and being efficient with respect to notifying their counterparts in other jurisdictions may be the strongest deterrent to election deceit.

Processing Registration Applications As noted above, township clerks receive registration applications from several sources. But the applicants are not actually registered until the township clerk pro- cesses and approves the application.

Such processing involves making sure that (1) the person is not already registered in that township (some people forget and apply more than once) and (2) the person’s residence is actually located in the township. In addition, of course, the clerk must record or review the entry, notify the clerk where the person was previously regis- tered, make sure the person is assigned to the proper voting precinct, and prepare an ID card for the voter showing the congressional, state senate and house, and county commissioner districts, and the precinct in which the registrant is an elector. The clerk must mail this card to the elector at the registered address. If the postal service returns the card as undeliverable at that address, the clerk may have reliable information indicating that the person may have moved. If a person changes ad- dresses within the township and notifies the clerk, the clerk needs to change only a few office records, including the registered voter list, and issue a new voter identi- fication card.

Special Cases. Persons who are unable to register because of a physical disabil- ity or because they are absent from the township of their legal residence may register in absentia. They may get a registration card from the township clerk and sign the completed card before a notary public or other person qualified to admin- ister an oath. If the card is delivered to the township clerk before the close of the registration period, the person is considered registered.35 CHAPTER 3

91

The requirement of a notarized statement does not apply to military and other persons stationed in a foreign country or a person who is disabled as specified in Michigan law. Federal officials have long complained about the requirement to notarize applications to register by persons stationed overseas. Michigan law now specifically exempts them from this requirement.36

Maintaining the Registration File As we might imagine, maintaining an up-to-date file of registrations is no easy task; consider the constant flow of changes, new registrations, and possible dupli- cate registrations. Over the years township and city clerks have used various tech- niques to purge the voter registration files. However, it has not been easy because the law and the courts have made it increasingly difficult. At one time failure to vote in several successive elections was sufficient basis for voiding one’s registra- tion. Now the law specifically forbids that as a sole criterion.37

State Computer Network. An innovation in voter registration filing is the use of computers. Software programs for this purpose have been available for several years. But with the passage of the 1989 election law, local clerks must consider how their system fits with the Michigan registered voter computer network. And for those who are thinking about computerizing, the law requires them to obtain state approval of the proposed system to assure compatibility with the state net- work.38

With the state QVF system in place, voter registration files are maintained at the state’s electronic file to which county clerk offices and clerks of local jurisdictions with populations of 5,000 or more have access. Clerks in the smaller jurisdictions access the state file through their county clerk office rather than directly to the state system. The system provides a two-way exchange of information from state to local and local to state. Local clerks receive registered voter application data from the state, review it, and indicate whether the information is accurate and proper. Local clerks also send data to the state system regarding new voter registrations originating locally as well as cancellations. Again, for smaller jurisdictions, the county clerk’s office interacts with the state system.

Purging Registration Files One of the more difficult tasks in file maintenance is dealing with “deadwood” in the file. At one time, Michigan permitted clerks to purge records of people who had not voted during the previous two-year period; later it was a four-year period. The idea was that people who did not vote during the past four years had probably either moved away, died, or were just not interested. The clerks would send a card to the “voter” and if it was not returned, the registration was cancelled. If such citizens wanted to vote again, they had to re-register.

Then a court decision required a less judgmental attitude toward nonvoting or the right not to vote.39 It permitted local clerks each December to cull the registrations of people who, during the prior four years, had not voted or in other ways not indicated officially that they were active registrants. These registrations were put MANAGING THE MODERN MICHIGAN TOWNSHIP

92 into an inactive file for an additional six years and could be referenced if a person showed up to vote and the name was not on the poll list.

The 1989 changes in the statute, however, established a five-year period of inactiv- ity as a reliable basis for canceling a voter’s registration. So, if a voter had not (1) voted within a five-year period, (2) reinstated the registration, or (3) recorded a change of address, a clerk, each December, could begin processing the cancella- tion. But the legislature repealed this provision in 1994 and abolished the inactive voter file.40

So how is registered voter file purging done today? First, it should be noted that the law states “A clerk shall not cancel or cause the cancellation of the registration of a voter from the registration record of the city or township based solely upon that registered voter’s failure to vote.”41 However, the law sets up a process for cancel- lation based on “reliable information.” Numerous applications, of course, should come through address data changes from the secretary of state offices as people report address changes for driver licenses and motor vehicle purposes. And, of course, death notices filed at the county clerk offices and forwarded to local clerks or entered in the QVF are other sources of cancellation information. (The law di- rects county clerks to notify local clerks of the names of all persons who have died in the county during the previous month.42 ) The act also specifies that reliable information may come from the U.S. Postal Service and, of course, reports from other clerks who have registered the citizens in their townships or cities.43 The law also permits municipal clerks to conduct house-to-house surveys to determine the accuracy of the voter registration files. To assure that the entire municipality is being treated fairly, the clerk must treat each area of the township or city alike.44

Actual cancellation requires mailing a notice to the address of the registrant along with a form for the person. The notice informs the voter of the question and asks him or her to return the notice 30 days or more before the next election and telling the person that he or she may have to affirm the current address before being per- mitted to vote. If the voter does not vote during the next two November general elections, the registration record of the person may be removed. If the Postal Ser- vice returns the information packet as “undeliverable,” the election inspectors are directed to challenge the voter when he or she first appears to vote. If the person states that he or she lives at the registration address or another in the municipality, the person may vote a regular ballot rather than a challenged ballot. The registra- tion, of course, would then be reinstated. Should the person not appear to vote at all by the second November election, the registration may be cancelled.45

Cancellation of a registration is not the end of it, however. Upon cancellation the clerk must make a note on both the original and duplicate copy of the registration and sign them. The clerk may dispose of the duplicate copy after two years but must keep the original for 10 years unless the original is reproduced in another form such as microfilm.46

One practical benefit of culling out inactive voters is that they are not included for purposes of determining the number of registrants per precinct. The number of registrants also provide a basis for planning for election day; i.e., determining the number of staff, voting devices, and supplies to have at each precinct. CHAPTER 3

93 Public Documents Voter registration documents are public records, at least to an extent. One section of the law states that clerks who have a computerized file of registered voters must provide an electronic or paper copy “at the cost of making, certifying, and delivering” the product. Such a product, however, is not to include the day and month of a voter’s birth, the driver license or personal ID number, telephone number, or voting activity data.47 The data report may include the year of a person’s birth, however. Because the QVF is now available as a source of such data, it is likely that many requests for voter registration data will be directed to county clerk offices. Such offices would be able to provide a listing targeted to the requester’s needs whereas a township or city clerk would be more limited. While such lists of names and addresses have value in this day of commercial mass marketing, the primary users are either candidates for political office or managers of political campaigns.

Units may charge for providing the computer or paper listing but the rate must be set at the actual costs incurred in producing it. The Freedom of Information Act provides that charges for producing copies of public documents must be based on the lowest hourly rate of the person capable of doing such work.

Assistance to Villages and School Districts Voter registration becomes a little more complicated when we consider the in- volvement of villages and school districts. Villages are incorporated units but they are also part of the township or townships in which they are located. Village resi- dents, because they are both township and village residents, are entitled to vote in the elections of both units. Similarly, school voters are residents of a school district and a municipality, and are entitled to vote in the appropriate elections. With the application of the QVF, lists of registered voters by village or school districts can be generated. Because school districts commonly overlap city and township bound- aries, using the QVF to produce lists for school and village elections will be greatly facilitated.

The 1995 revisions do not change the arrangements by which some township clerks conduct school elections on behalf of the school district. Such townships may as- sess a charge for the service in accordance with the contract between the township and school board.48

As a general rule, having the township clerk conduct all elections is the preferable alternative; it probably makes it easier for the citizens and may save both units a few dollars. At the same time, though, we understand why some may not find it desirable. School districts that include several municipalities may find it impos- sible to obtain the cooperation of all of the clerks. On the other hand, we can appre- ciate the plight of the township clerk who would have to provide election service to perhaps as many as four or five school districts in which parts of the township may lie. MANAGING THE MODERN MICHIGAN TOWNSHIP

94 Designating precincts and locating polling places Another aspect of election administration is the periodic modification of voting precincts and polling places. The state provides some very specific instructions regarding these matters.

Precinct Requirements. Each voting precinct may have only so many regis- trants. Clerks must determine at least once every other year whether the precincts meet the requirements. This must be done by the 210th day before the August primary. Local clerks must send a report to the county clerk and indicate how many registrants are in each precinct. If the number exceeds the maximum allowed, the county clerk must notify the state elections division which may then rearrange the precincts. This is not a free service; the law requires the state to charge the unit for the costs.49

Assigning voters to other precincts is not part of the 1989 statutory changes, but county clerks will probably be able to provide assistance in reconfiguring precincts when the county computer systems are in place. Clearly, they will be able to count the registered voters. And, depending on the computer system, they may be able to have the computer generate recommendations about which voters to assign to a different precinct.

Some clerks think it wise to keep the number of registrants well below the state maximums. But others find it more prudent to stay close to the state limits and keep the number of precincts lower. This policy may cause some delay in elections when participation runs high, but it keeps costs down for low-interest elections when perhaps one registrant in five or ten casts a vote. The maximum number of regis- trants allowed in a precinct varies by the type of voting equipment used.

In precincts where citizens vote paper ballots, the number of registrants may not be greater than 400. And for each 100 voters, the clerk must provide at least one voting booth.50

Because voters can vote faster in precincts with voting machines, clerks do not have to reshuffle precinct boundaries until the number of registrants reaches 3,000. But the law states two standards for the number of voting machines required. Pre- cincts with fewer than 1,000 voters but more than 500 must have two machines. One machine for each 600 voters is required when the total number of registrants in the precinct goes over 1,000.51 (Even where the law requires only one machine per precinct, it is wise to have two in case one breaks down.)

In places using computer-readable electronic voting systems, the maximum num- ber of voters per precinct is 3,000. Each precinct must have one voting booth for each 300 voters.52

Polling Places. Finding suitable polling places is another task of election adminis- tration. The clerk makes the initial arrangements, but the township board must give final approval.53 Local officials have the duty to search out the places, but the law suggests that public buildings such as schools and fire stations are preferable. Clerks may also use churches, social clubs, “community” rooms in apartments, and some commercial buildings as polling places. CHAPTER 3

95 What makes an adequate polling place? Most of us would agree that a polling place should be properly lighted, heated, and ventilated, have sufficient parking (espe- cially for the voting “rush hour”) and inside space for waiting lines. A polling place must also have barrier-free access.54 Clerks should also be alert to make sure the site can accept delivery of equipment, that it has sanitary facilities, and that there is an operating telephone in the building.

If the polling place is in a fairly high traffic area, one that is well known to citizens, voter participation may be improved a bit. Some voters may be easily discouraged if they have to drive around trying to find some out-of-the-way, obscure polling place. Under the right conditions, clerks may decide to locate several precinct poll- ing places in a single building. We note, however, that the limit is six polling places in one building. Polling places do not have to be in the precinct, or even in the township; clerks may choose places in parts of the township that have been incor- porated or annexed.55 The law also permits the township to establish a precinct in senior citizen centers where at least 150 persons, 62 or over, reside.

Finally, when clerks use private buildings for polling places, they should make the arrangement in a businesslike way. Both parties should sign a written agreement that specifies the conditions: the charge, if any; whose insurance policy will cover an accident; and any other obligations the township may have agreed upon.

Final Decisions and Notices We have been discussing the changes in precincts and polling places as though these were changes that township clerks could make unilaterally. That is not quite the case. Each township must have an elections commission. This body, consisting of the township supervisor, treasurer, and the clerk as chair, makes the formal deci- sions on these matters.56 The clerk generally makes the recommendations for the arrangements. (The elections commission in charter townships consists of the town- ship clerk and two trustees appointed by the board.)57

After the election commission approves changes, the clerk must notify by mail each of the affected registrants, telling them of any change in precinct assignment. Clerks may supplement this notice by posting public notices or by publishing a precinct map and list of polling places in a local newspaper. In addition, the clerk must pass the word to the county clerk who, in turn, informs the secretary of state.

At this point, the township clerk can turn to looking after the election itself.

Conducting Elections From the voters’ perspective, much of the detailed preparation that goes into an election is not visible because of the usual smoothness in the way things happen. Lines are sometimes lengthy and the waiting a bit long, and one of the voting de- vices occasionally may misfunction, and sometimes a clerk may find that voter- turnout may have been underestimated as voting supplies run low. Few citizens are aware of the work that permits an election to take place as smoothly as it commonly does. MANAGING THE MODERN MICHIGAN TOWNSHIP

96 Part-time temporary employees – election inspectors – administer the “nitty gritty” of elections. They work long hours on election day, perhaps from 6:00 in the morn- ing until after the polls close at 8:00 in the evening. Nor is the pay usually that great; minimum wage is the floor on an hourly basis. Moreover, the rules are nu- merous and the part-time employees are expected to know them well. Hence, a clerk is well advised to build and retain a cadre of election-day workers who will stay in the work despite these less-than-ideal conditions.

By most reports, clerks and election commissions find the task of recruiting a large enough pool of election inspectors to be a difficult one. The duties are too onerous for many retirees, and many other people are employed elsewhere and not available. Some suggest that clerks and election commissions should recruit college and older high school students; perhaps a good suggestion for clerks with a college in their vicinity. However, this approach will probably lead to a high turnover. Others suggest that senior citizens would be more available if they did not have to work the entire election period. This solution is permissible under Michigan law. It may also be used more commonly if Congress passes a law requiring a nationwide uniform poll closing time.

Ballot Processing and Preparation The items that appear on the regular primary and general statewide election ballots come from several sources. The state board of canvassers may have approved some of the items – for example, petitions for nominations to state office or proposed constitutional amendments. County clerks are another source, particularly for names of people running for county commission, sheriff, probate judge, or perhaps the state legislature. The township clerk’s office, itself, also is a source of some of the information – names of candidates for township supervisor, constable, or park com- missioner, for example.

Each of these items follows a very specific route to final placement on the ballot. The names and questions come either through a signature petition, filing by pay- ment of a fee, a judge’s declaration of candidacy, or as a result of an action of a legislative body – state legislature, county board, township board, or other official body. Township clerks need not be greatly concerned with the names of candidates and ballot questions generated at the county and state levels; the county elections commission and county clerk are responsible for putting this part of the ballot together and getting sufficient ballots printed.

The state Bureau of Elections and county clerks may send petitions to township clerks to verify the signatures, but otherwise township clerks have little direct re- sponsibility with the process at the state or county levels. Aside from checking for errors, the most that township clerks must do is forward, within 4 days of the filing closing date, the names of township office candidates to the county clerk. In the event of a township ballot question, the clerk may have to have ballots printed. This is especially likely if the local question is to be voted on a paper ballot rather than on machine or punchcard.

Although the ballot makeup is not the direct responsibility of township clerks, we make a brief note of some of the rules. State law permits a political party insignia, such as the donkey or elephant, to head the ballot, but other clues are generally forbidden. Incumbent candidates, except for judges or justices, may not have CHAPTER 3

97 “incumbent” alongside their names on the ballot.58 If people with similar or identi- cal names are running for the same office, the county election commission must figure out an equitable solution by stating on the ballot the occupation or address of such candidates.59 Candidates’ names must be rotated on the ballot so that each candidate’s name, to the extent possible, heads the listing of candidates for a specific office the same number of times in a jurisdiction. This is a responsibility of the county election commission. For the township clerk, the concern is mainly to get the strips on the voting machines or devices in the right precincts.

The township clerk administers the petitioning process at the township level. The clerk must have nominating petition forms available for township offices and de- termine the number of signatures necessary to qualify a particular petition. (The number of required signatures is based on the population of the unit. The popula- tion categories and signature minimum and maximum standards are shown in the chart on the following page. In addition, the clerk must certify that the petitions were filed on time – by 4:00 P.M. on the twelfth Tuesday preceding the date of the August primary election – and ascertain that enough signatures on the petition are those of township registered voters.

NUMBER OF SIGNATURES OF QUALIFIED AND REGISTERED ELECTORS ON PETITIONS*

The number of signatures of qualified and registered electors necessary for nominating petitions, based upon the population of the district involved according to the most recent federal census.

Population Partison Non-Partison Qualifying Categories Petition Petition Petition Min Max Min Max Min Max 0 - 9,999 3 10 6 20 9 30 10,000 - 24,999 20 50 40 100 60 150 25,000 - 49,999 50 100 100 200 150 300 50,000 - 74,999 100 200 200 400 300 600 75,000 - 99,999 200 400 400 800 600 1,200 100,000 - 199,999 300 500 600 1,000 900 1,500 200,000 - 499,999 500 1,000 1,000 2,000 1,500 3,000 500,000 - 999,999 1,000 2,000 2,000 4,000 3,000 6,000 1,000,000 - 1,999,999 2,000 4,000 4,000 8,000 6,000 12,000 2,000,000 - 4,999,999 4,000 8,000 6,200 12,000 12,000 24,000 Over 5 million 15,000 30,000 30,000 60,000 30,000 60,000 (statewide)

*Source: MCL 168.544f.

Along with the petitions, candidates must file an affidavit of identity. This form requires information such as the person’s name and address, precinct in which the person is registered, the number of years the person resided in Michigan and the county, and that the filer is in compliance with the state Campaign Finance Law.60 A clerk may require other information that may be necessary to establish the candidate’s identity.61 MANAGING THE MODERN MICHIGAN TOWNSHIP

98 Although the law does not so require, the clerk and other township officer, at times, may have to recruit people to file and run for office. Technically, this responsibility belongs to the political party committees or civic groups in each township, but these may not be active in each place. Recruiting for office may be only a few words of encouragement – “You ought to give the office a try” – or it may be through announcements in the media or on the township website telling citizens how to go about filing for township office. In 1980, for example, the state’s lieutenant governor recruited legislative candidates by running ads in major city newspapers. Usually it is the governor or the chair of the party who goes about recruiting candidates for specific slots, slots that perhaps are occupied by a popular candidate of the other party.

Nominating petitions are public records and township clerks must make them, to- gether with a record of when they were filed, available to the public. Clerks must keep these petitions until the following January and may then destroy them if the filers have not asked to have them returned. The clerk must make a record of the final disposition.

Election Inspectors A team of election inspectors administers the voting in each precinct. Each team must have at least three people, but usually has more where high turnout is antici- pated. One of these people, perhaps the one with the most experience, chairs the precinct team.

The principal duty of this team is to run the election in that precinct – compare applications to vote with the registration records, record the names of those who vote, pass out the ballots, assure security of the ballots, teach voters how to use the voting equipment, open and close the polls on time, count the ballots, and report the results. In punchcard precincts, election inspectors in some counties do not actually conduct the tally of votes. Rather they secure the ballots and transport them to a central counting center.

Persons wishing to serve as election inspectors must complete an application form approved by the state director of elections. The position has several requirements. Applicants must complete the application in their own handwriting – this is a kind of reading and writing test, because these skills are essential to election work. Also important is political party affiliation because, to the extent possible, no more than one-half of an election inspection team may come from one major political party.62

In addition, election inspectors must be registered to vote and they must be free of convictions for felony and election crimes. Election inspectors and members of their immediate family may not be candidates in the election. Candidates for pre- cinct delegate to a political party convention, however, may serve as election in- spectors in precincts other than the one in which they reside.63

Election inspectors must attend a training program at least once every two years. County clerks are usually the people who coordinate these training programs. Staff from the state Bureau of Elections or from the county office generally provide the instruction. Clerks from the larger townships (10,000 or more population) may conduct their own training workshops. Some clerks prefer this to having their workers CHAPTER 3

99 attend at the county level because they can then tailor the instruction to the par- ticular circumstances in their own township.64

What happens if an inspector fails to show up on election day? Clerks of larger townships, perhaps, should count on a few of the workers having some kind of emergency and have a few substitute inspectors on call. But if no substitutes are available, the law permits the electors present in the polling place at the time to select a registered voter to fill in for the day or until the tardy person appears or a substitute shows up. Although the person chosen does not have to meet the training requirements, the political balance of the inspection team is supposed to remain intact. Also, poll workers should remember that no fewer than two must be present at the polls at all times – a matter that affects rest breaks and meal schedules.65

Recruiting and Retaining Election Inspectors Many experienced township clerks know that recruiting and retaining good elec- tion inspectors is a difficult task − one that the clerk and election commission encounters every other year if not more frequently. Part of the difficulty is that the workdays are long, the duty is somewhat boring, and the pay is not great. More- over, the workers are asked to work only once in a while. These job characteristics are not very competitive in the general marketplace of workers. The task is even more difficult now because most families have become two-income households and thus, the pool of people available to be an election inspector has decreased signifi- cantly.

The legislature has addressed the problem somewhat by permitting clerks to em- ploy young people at least 16 years of age. If such people are enrolled in school and election day is a school day, the clerk must obtain a note from the school acknowledging that the person will be away from school that day.66 The high school population of the area represents another pool that clerks might consider when looking for poll workers. This pool may not be as attractive as some others because many of the youth will be able to serve once or twice and then not be available thereafter. The clerk will then not be able to benefit from the experience the young person has gained. The experience, though, is likely to advance the understanding of the democratic process.

Seniors and retirees, of course, are another pool in many townships. These people are more likely to be available for several years and have the chance to become somewhat expert in the inspector tasks. But this pool of workers presents other problems – their skills may diminish after a time, they may not like to be on duty for 13+ consecutive hours, and they may have become “snowbirds” and not be available on some election days.

What to do? Obtaining and retaining a good workforce is a common personnel problem. The clerk may be able to address some aspects of the job and not others. Clerks might want to lobby the township board to set the compensation at a level that reflects the importance of the job. The clerk may also be able to shorten the workday for some of the inspectors by arranging for substitutes. It may also be important to observe the goings on at various polling places to assure that workers become teammates and not “bosses and underlings” in the polling places. And like any effective employer, doing things that recognize and acknowledge worker con- tributions is important. Two ideas to consider are having a thank you dinner a few MANAGING THE MODERN MICHIGAN TOWNSHIP

100 days after election day or providing them with a plaque that can be updated with each participation day. Not every clerk experiences the same level of difficulty in staffing the polling places. So, if your success continues to be limiting, consult with a neighboring clerk for other ideas. Because poll workers need not be residents of the jurisdiction in which they work, a neighboring clerk may be willing to “loan” you an experienced worker or two. One other note: have your township board make certain that the compensation paid the poll workers is respectable.

Challengers. Election law permits persons representing a political party or or- ganization to observe the administration of elections in the polling places. People, operating as challengers, may not do so merely on their own. They must be desig- nated by an organized group or committee that has an interest in a particular elec- tion or in maintaining the integrity of elections in general. Groups wishing to staff polling places with challengers may appoint up to two persons per precinct as chal- lengers at any one time. A challenger must be a registered elector of Michigan and may not be a candidate for office in the election. The organization designating a person to serve a challenger must provide a form of ID card showing the precincts in which the person is to serve.67 A challenger is not limited to serving in only one precinct.

The law gives political parties a bit of a break over organized interest groups. Political parties need only designate persons to serve as their challengers. Interest groups intending to appoint challengers for an election must inform the respective clerk(s) of their interest in the election and supply a facsimile of the ID card they will use. This must be done during the period 20 to 30 days before the election.68 If the clerk concludes that the group’s application is not consistent with the law, he or she must deny the application within two days of receiving it. The group then has two days to appeal the ruling with the Michigan Department of the Secretary of State.

The challenge process works this way. First, while an organization may have two challengers in a precinct at a time, only one of them at a time may possess the authority to exercise a challenge at the same time. Challengers stay in the polling place and observe the proceedings. A challenger who has reason to suspect that a person is not eligible to vote may challenge the voter. The voter may then be asked a series of questions about his or her voting qualifications. These are to be an- swered under oath, and if the answers are satisfactory and the voter is qualified, the voter may have a ballot and vote. But the ballot may still be challenged. A chal- lenged ballot is marked and kept separate from the others. Should the challenged ballots become critical in the outcome of an election, the facts of the voter’s quali- fications may be investigated further.

Challengers may not challenge voters indiscriminately, and while they have the right to observe all proceedings, including the tally and closing of the polls, they may not obstruct the process. Nor may they handle the poll lists or touch other official election materials. Challengers may also be present at the counting board proceedings but are limited to one per counting board.

A related element in polling place management is that of poll watcher. This is a less formal position, differing from that of challenger, relating to the persons who are near or at the polling places for a variety of reasons. Some may be journalists CHAPTER 3

101 seeking to assess the level of voting activity and project winners. Others may be a little more caught up in the process and are trying to keep tabs on who is voting (and who is not) so that near the end of the day they can call on potential supporters and urge them to get out and vote.

Several rules govern campaign activities near the polling places. In general they all prohibit campaigning within an area of less than 100 feet from any door of the building in which the polling place is located. Within 100 feet the law forbids displaying “pro or con” information or other efforts urging people to vote one way or another. Distributing campaign literature, requesting donations, collecting sig- natures, and other similar activities are among the forbidden activities within the 100 feet perimeter. In general, the law seeks to permit people to go to the polls and cast their votes unimpeded by advocates of one form or another.

The Counting Board The law provides for two types of counting boards. One is a “relief team” for the workers that operate the polls during the day. Townships are not required to have a counting board for each precinct but we can imagine that, at least in townships using paper ballots, those workers who have put in a 14-hour day may not be the most alert people to go through the process of tabulating the votes.

The relief team takes over after the polls close, counts the votes, secures the bal- lots, and closes down the operation. These workers must meet the same qualifica- tions as the election inspectors.69

The other type of counting board is used to tabulate absentee ballots. We discuss this type when we consider absentee ballots.

Recall Elections Michigan is one of several states that allow citizens the opportunity to change their minds about the people they have elected. All elected officials, except judges, may be recalled from office. The voters’ right to recall those they have elected is a constitutional right going back to at least the state’s 1908 constitution. Recall, along with the right of initiative and referendum, was one of the “progressive” political reforms at the turn of the 20th century.

The state constitution does not specify many details regarding the use of the recall power and has left that to the legislature and the courts. As you might imagine, the tendency in the legislature has been to make recall difficult to accomplish. The task of the court system and particularly, the Michigan Supreme Court has been to keep the provision operational and possible. Elements of the high threshold to recall an elected official relate to the number and freshness of signatures. The number of signatures required to obtain a recall election is 25 percent of votes cast for gover- nor during the preceding election – the highest petition requirement for any citizen action.70 In terms of freshness of signatures, petitions must have been signed within 90 days of the filing of the documents.71 MANAGING THE MODERN MICHIGAN TOWNSHIP

102 The law also protects elected officials from recall during the first six months of a term as well as the final six months of a term.72 Thus, a sore loser cannot file recall petitions immediately after an election. Nor can an individual or group petition use the recall measure to interfere with an upcoming election.

The recall proponents begin the process by dealing with another of the hurdles; they must file a draft petition with the county election commission, which consists of the probate judge, county clerk, and county treasurer. The task of this body at this time is to review the language used to state the reasons for the recall to make sure the language is clear and understandable. Several courts have ruled that the petition language must be clear as a whole and that an unclear clause in an other- wise clear statement is not sufficient to disqualify the petition language.73

The county election commission does not have the responsibility to ascertain whether the reasons are true; nor is it to base its decisions on the truthfulness of the state- ments. The commission’s task is to determine whether the language and charges are clear. And, the reasons stated must be based on the actions of the targeted official during the current term of office. The targeted official is entitled to attend the hearing. The election commission’s decision may be appealed to the circuit court within not more than 10 days after the date of the decision. Upon approval of the draft, the petitions may be circulated.74 The petitions must meet the usual stan- dards with respect to form, signature, date, etc. One the petition language is ap- proved, it is valid for 180 days.75 Thereafter, it must be renewed if the process is to continue.

More often than not, the person against whom the recall effort is directed believes the reasons to be misrepresentations of the truth. In the past, it was not unusual for the matter to land in court. But judges consider the reasons for recall to be “politi- cal” questions, and they let the statements stand. Each side gets to state its case in 200 words or less on the ballot, so it becomes a question for all voters to decide.

As we might imagine, the process for recalling fellow board members could be difficult for a township clerk. Thus, the process involves an independent official to administer the matter. Petitions for the recall of township officials are filed with the county clerk who counts the signatures and convenes the elections scheduling com- mittee to set a date for the recall election. The township clerk, though, verifies the signatures and conducts the actual election unless the clerk is being recalled. In this case, an impartial official is appointed to conduct the election.

Clerks may not include signatures in the count if they are (1) obtained prior to the time of the election commission’s determination; (2) more than 90 days old; (3) on petitions that include reasons different from those approved; or (4) on which the petition form was not properly executed.76 In general, one can expect the judges to enforce the provisions of this section to the letter of the law.

Because these same standards apply to congressional, legislative, and state offices, it is little wonder that we find recalls occurring in local offices and only rarely in larger jurisdictions. Usually, recall actions are taken against county, township, vil- lage, or city officials although during the 1980s, recall petitions against some state legislators from Southeast Michigan were successful. The reason stated was that they had voted for an increase in the state’s personal income tax. CHAPTER 3

103 Once the petitions are filed, officials can do very little to prevent the matter from going on the ballot. However, a careful check of the signatures against the town- ship registration list should certainly be done. Signers must be registered to vote. And it may be worthwhile to spot-check the petition for compliance with the de- tails of the law and with signers to make sure that the signatures are valid.

The county board of canvassers reviews the vote and declares the result. If the clerk or treasurer is recalled, the deputy may assume the duties until a new one is elected. The law also permits the township board to appoint a person to fill the position on a temporary basis. If the number of persons recalled results in a board without a quorum, the county election commission may appoint people to fill the vacancies on a temporary basis until an election can be held.77 Usually, a township will conduct a special election 60 days after the recall election, but if a regular election is to be held within four months, a special election is not mandated.78

One final note should be made regarding recall. At times, especially when two or more elected officials are being recalled for a policy decision that the township board has made, those who supported the policy action will be offended. And be- cause they believe the action was proper and appropriate, they may want to use township funds to defend their action and fight the recall. Such officials should note that recall is a political, not a legal action and that they may not use the public funds of the township government to oppose the recall action.79

Absent Voting Administration Experienced township clerks know that administering absentee votes (AVs) is a special problem. It has become a growing problem as well, as more people avail themselves of the opportunity to vote absentee. Clerks can do little about the grow- ing numbers of AVs – the key is to make the process as efficient as possible.

One of the reasons for the increased volume is the relaxation of the rules regarding who may vote absentee. The law allows six qualifying reasons: the voter is dis- abled, is 60 or older, expects to be absent from the community on election day, has religious convictions that prohibit voting on that day, is in jail awaiting arraign- ment or trial, or will be an election inspector. (Note that convicted persons in jail are not allowed to vote.)

The applicant for an AV ballot must check on the AV application form one of these reasons. If the statement is proven false, the person is guilty of a misdemeanor. But few clerks have the time to follow up on such matters and, as a result, the system is all but wide open for anyone to get an AV ballot. Absentee voting is attractive for citizens. They can avoid the lines and possible bad weather on election day. And they can take the time necessary to look over the ballot, make their choices, and handle it all by mail. They can also vote at the township clerk’s office at the time they apply, if they prefer.

Persons may apply for an AV ballot by mail (the note must contain the person’s signature), on the formal application form (these are to be available at all times), or on a federal postcard application.80 Clerks should note that a person must apply for an absentee ballot for each election, except that one application can suffice for both the regular primary and the following general election if requested.81 The law MANAGING THE MODERN MICHIGAN TOWNSHIP

104 also indicates that people may apply for an AV ballot 75 days prior to an election. This provision is intended primarily to give clerks some defense against very early applications. It is not likely that an early request is invalid, so clerks may honor such requests if they wish.

From the clerk’s perspective, large numbers of AV ballots present several prob- lems. The matter of staff is significant; someone has to handle the telephone calls and letters requesting AV applications, address envelopes and mail the applica- tions, and when the applications come back, address the ballot envelopes and mail them. In the process, several lists according to precinct are made as a precaution against a person’s voting twice.

Persons who apply for the AV ballot at the township office and vote immediately help cut the costs somewhat, but the listing and checking must still be done. When we consider that citizens may apply until 2:00 P.M. on the Saturday before an election, we can understand how last-minute AV ballots can present problems just when so much else needs doing in order to be ready on election day. Persons may also vote their absentee ballots in the clerks’ offices until 4:00 P.M. on the day preceding the election.82

An added problem is how many AV ballots to order. No clerk wants to run out, but neither does one want hundreds of unused ballots after the election. The experi- ence for comparable elections in each township is probably the best guide, but the general rule of thumb is that more registrants will vote absentee than in the last comparable election.

The township, too, incurs other financial costs, mainly for postage. These too, mount up, although citizens usually pay the postage for returning the ballots to the town- ship hall. Townships can benefit from a special program that the U.S. Postal Ser- vice and the federal government sponsor. The program enables clerks to mail the applications and ballots at the reduced “bulk mail” rate. Clerks need to apply to the Postal Service office and fill out some forms. For township clerks that have a high volume of absentee mail, the “red tape” involved is well worth the processing time.

AV ballots for Members of Armed Services. Another issue that arose during the presidential election contest in Florida in 2000 was counting the ballots of members of the armed forces and citizens residing outside the country. At issue was which ballots should be counted because some of the return envelopes did not have post-dates stamped on them.

Over the years, the U.S. Office of Voter Assistance in the Department of Defense has been making a strong effort to get special AV ballot privileges for members of the armed services and their families. Military personnel or civilian employees of the armed forces who have a permanent residence in the township may write and ask for an absentee ballot even if they are not registered. Michigan clerks are in- structed to register these persons and provide an AV ballot if they were otherwise qualified to vote at the time they left the area. (Note that these applications no longer need to be notarized.) The same provisions apply to other citizens who are temporarily outside the country except they must file an affidavit with application to register certifying their citizenship.83 CHAPTER 3

105 The same rules apply to a spouse of a person who is residing out of the country.84

Michigan law is quite specific as to which of these overseas absentee voter ballots to count. It states that if the ballots are received before the closing of the polls on election day, the ballots are to be delivered to the appropriate precinct. Those that arrive late are to be retained unopened until the dates that ballots for that election may be destroyed.85

AV Ballots for Former Residents. When people move to another locality or state, the usual rule is that they become ineligible to vote in the former unit. But the law provides an exception for persons who moved so recently that they did not have time to register in the new locality. The township clerk may forward a “presi- dential and vice-presidential only” ballot to the citizen enabling him or her, at least, to vote for those offices. Also, a person who moved to Michigan less than six months previously but who has resided in the township for at least 30 days may be given such a ballot. These applicants must present evidence to support the facts. The object, of course, is to avoid denying an eligible person the right to vote at least for these offices. Incidentally, clerks may also accept an application for such a ballot by a person in another state as a notification to cancel the voter’s registra- tion.86

Controlling Abuses. AV procedures have also been subject to some abuse. Some politicians take advantage of AV ballots to give voters “assistance” as they mark their ballots. In one senior citizen group home, for example, a campaign aide, under the guise of helping, gathered the residents together and “helped” while the people marked their AV ballots. It is now unlawful for a person to vote an absentee ballot at a meeting or gathering where others are voting absentee ballots.

Or some candidates, knowing who the absentee voters are by reading the AV list that the clerk must make public, might provide other “assistance” by picking up and delivering AV ballots to the clerk. This violates the law because it directs a person either to return the ballot by mail or have a member of the immediate family return it if it is to be returned personally. In the event a person cannot return the absentee ballot, he or she may have any other registered voter do so but the form on the AV return envelope must be completed.87 Clerks should encourage citizens to return their AV ballots by mail or in person although the election law also permits the voting citizen to ask the clerk or a designated agent come to the residence, assist in voting, and pick up the completed AV ballot.88 A clerk’s appointment of one or more assistants to accept AV ballots at any place in the community expires after each election.89 Also important to note is that the violation of any of these provisions does not invalidate the ballot. However, such a ballot is treated as a challenged ballot.90

The legislature adopted another set of rules to help assure that the absentee ballots are properly managed. A 1995 law requires township clerks to post by 8:00 A.M. of election day, the number of AV ballots distributed and received from voters. Then at 9:00 A.M. the clerk must post the number of AV ballots distributed the respective boards of election inspectors. And finally, after all the AV ballots have been pro- cessed, the clerk must post the number of AV ballots received at the various pre- cincts and the total number actually received by the units. The idea of posting them MANAGING THE MODERN MICHIGAN TOWNSHIP

106 in the township hall has the effect of making certain that none of them has fallen through the slats and that any errors are identified and corrected early.91

Counting AV Ballots. Township clerks have three basic ways to count AV ballots. The type and method of election equipment determine which to use. Town- ships with three or more machine precincts must establish at least one counting board, but the elections commission may decide to have more. The counting board assembles at the proper time and place, one person reads the ballot, and another pulls the tabs to record the votes. A third person oversees the action at each step. Counting board personnel are sworn to secrecy regarding the results of the count until the regular election polls close. In addition, the workers may not leave the place where the counts are taken once the tallying has begun and until after the polls close. In terms of the canvass, a counting board’s tally is treated as a separate precinct. In townships with only one or two machine precincts, an absentee voter counting board is optional.92

The second method is used when the township does not provide a counting board. The AV ballots are returned to the respective precincts where the workers record and tabulate the votes on two separate tally sheets. They report the results of AV ballots as a subtotal.93 A variation of this approach can be used by larger townships in special or other low-turnout elections. Instead of naming a special counting board, one of the precinct teams can function as a counting board after the polls close. In this instance, the AV ballots are tabulated separately but usually not recorded on a machine.

The third method of counting AV ballots is for townships using either paper ballots or punchcards. Paper ballot townships simply distribute the AV ballots to the proper precinct where they are recorded and tabulated along with the other ballots. Town- ships using punchcards may handle the process in a similar manner or record and tabulate them as a separate “precinct.”94 Jurisdictions using optical scan equip- ment may send the AV ballots to the respective precincts or to the county’s count- ing board for tabulation.

Election Equipment Options As we write in early 2001, the lessons of the 2000 Florida presidential ballot con- tests are beginning to surface. Among the discussions are suggestions that Michi- gan should have uniform election equipment in all the precincts. The proponents recognize the costs associated with such acquisitions and that not all jurisdictions are likely to proceed on their own. Some advocates of uniformity are anticipating action by the federal government and expecting it to offer grants to encourage action by the states and localities. As this is written one can only speculate about the actions that will follow and for that reason we report on the current status which essentially leaves to each city and township the choice of the equipment is uses to conduct elections.

Election administrators in Michigan can choose one of several types of voting methods: paper ballots that are hand counted, mechanical voting machines, punchcards and electronic reading at a central location, electronic touchscreen devices, and paper ballots electronically read. The township board must authorize the type to be used in the township. The clerk, though, along with the election CHAPTER 3

107 commission, is very influential in the decision. Few township boards would initiate a change to a different system without the enthusiastic cooperation of the clerk. In a few counties, the county clerk and county board of commissioners have collabo- rated to encourage a uniform voting system for the entire county.

Paper ballot voting, of course, is the oldest of the present voting systems. Some suggest that it is also the most outmoded. But this generalization does not apply to all situations. At least in sparsely populated townships and small cities, paper bal- lots are perhaps a very appropriate approach. A paper ballot system does not have many of the drawbacks of the other systems – storage, transportation, dependence on technology and counting services, and voter intimidation. In fact, voter “fall- off”– citizens voting on items at the beginning but not at the end of the ballot – generally is lowest with paper ballots. The most important drawbacks of paper ballots are laborious counting procedures, the problem of “spoiled” ballots, and higher counting-error rates that may lead to more recounts.

Another problem common to paper ballots is determining a voter’s intent. In the past, the law stated that a voter must place an X in the box or circle. The statute now also states that a voter may properly use a check mark as well. The general rule is that the intersection of the X or the point of the check mark must be inside the circle or box to be a valid vote.95 But when the pressure is on, as in a recount, the key issue is whether the voter’s intention was properly executed in the ballot marking process.

Paper ballot systems are not appropriate in all townships. Historically, the first move away from paper ballot was to mechanical voting machines. They are re- ferred to as “AVMs”, automatic voting machines. Personal preferences or local conditions probably dictated the choice between paper and AVMs, but population growth was the main reason for moving from a paper system. Machine voting is fast, accurate, and generates machine totals that election inspectors can read easily at the end of the day. Machine tabulations also eliminate the personal judgments paper ballots require, but note that the audit trail stops at the machine counters. The machines are bulky and heavy; rather expensive; they require storage space and hired hands to move them to the precincts. Preparing the machines requires some skill and then they were fairly costly. But now, with a widespread switch to elec- tronic systems, automatic voting machines are cheap but maintenance and parts can be a problem.

Electronic voting systems are now available in several forms as noted above. Town- ships and cities in the state have had several years of experience using the first of them; the punchcard system. The advantage is that the system combines the best parts of paper and machine systems. Punchcard equipment is compact, light, easily stored, and transportable. In addition, the systems depend on electronic machine counting. Voted cards may be counted either by a precinct ballot-tabulating ma- chine or, in some counties, at a computer center. The latter approach removes the township clerk from the counting process for the most part, but the precinct tabu- lator means that the township clerk must personally wrestle with the technology to program and operate the counter. MANAGING THE MODERN MICHIGAN TOWNSHIP

108 This technology, however, has fallen in to disrepute from the 2000 experience in Florida. At issue was the imprecision of the instructions contained in the Florida election statutes and the disputes over which ballot card condition constituted a vote to be counted. Michigan law is very specific on that question – to qualify, a “chad” must be completely punched away from the card and if not, a chad may hang by no more than two corners.

Several other electronic voting systems are growing into wider use. As the use of various forms of electronic information systems broadens, voters become more at ease with such equipment. Gradually, people are seeing and experiencing “touch- screen” devices. (Many merchants rely on such equipment extensively at their counter cash registers.) Some units are now using such equipment for voting pur- poses. In addition, some are using machine-read paper ballots. Voters take the pa- per into the voting booth, put their mark in the square or “bubble” and upon leav- ing, insert the ballot in the electronic reader-tabulator. This approach mirrors the paper ballot approach, eliminates the laborious tabulating at the end of the day, and provides an audit trail for use in recount. Both types of these latter voting devices offer the advantage of screening the ballot for voter errors before the voter leaves the polling place.

The Board of Canvassers Following each election, a board of canvassers reviews the ballot counts and de- clares the official election outcome. Townships with six or more precincts have two options regarding a board of canvassers – they can have a township board of canvassers or they can contract with the county board of canvassers to do the work. Townships with fewer precincts must use the county canvassing board.

A township canvassing board has four members appointed by the township board by December 1 of each odd-numbered year. At least one member from each of the major political parties must be on the board but not more than two from a major party may be members. Members must be registered electors in the township.

The quorum for the board is three members, and each major political party must have at least one representative present. Moreover, any decision must have the support of at least one representative of each party. If there is a vacancy while the board is in session, the clerk may make a temporary appointment. If any citizens have applied to be a member of the canvassing board, the temporary appointment must come from that list. The clerk serves as the nonvoting secretary to the board.

The job of the township board of canvassers is to review the voting returns for the township candidates and local ballot questions. The county canvassers review these returns if the township does not have a canvassing board. The canvass involves a precinct-by-precinct review of vote returns to determine that no precinct report is missing and that the returns are complete and accurate. The law requires this work to be finished within five days of the election. After the review, the board officially declares the outcome for each township candidate and question. If, for some rea- son, the township canvassing board cannot make a determination, it must turn the materials over to the county board of canvassers. The law requires the county board to complete its work within 14 days after the election.96 The state also has a board CHAPTER 3

109 of canvassers that does a similar review for elections that do not fall entirely within a single county.

When a board of canvassers cannot decide the winner because the candidates are tied in the number of votes each has received, the outcome is decided by the luck of the draw – the clerk prepares slips of paper, one of which says “elected” and the others (as many candidates as are involved in the tie vote) say “non-elected.”97 Each candidate or a stand-in pulls a slip from the box. The person who draws the “elected” slip is the winner, unless, of course, there is a recount that changes the result.98

Election Recounts Municipal clerks dislike recounts perhaps more than anything else, for it is in re- counts that their work and that of their election employees undergoes the closest scrutiny. A recount is something like an audit where others inspect how well the work has been done. Each township clerk should try to conduct the election each time as though a recount were a certainty. If the clerk and election workers keep in mind that there may be a recount, all will more likely follow the rules carefully in order to avoid the embarrassing questions that often get raised at recounts.

Candidates or, in the case of a ballot question, citizens, initiate the recount process by filing a request with the clerk of the county board of canvassers. The request, which has to be filed within six days after the canvass, must state the nature of the suspected errors or fraud. The clerk of the board of canvassers must also notify the opposing candidate who may also file a petition to have certain precincts reexamined. Copies must also go to the county clerk if the township board of canvassers is conducting the recount. Persons asking for precincts to be recounted must deposit $10 for each precinct to be recounted. The person originally filing for a recount will get his or her money back if the recount results in a change in the election outcome. If the recount does not change the outcome, the counter-petitioner’s money is returned.

The clerk must bring to the recount meeting the poll lists, tally sheets, statements of returns, and any other documents relating to the precincts to be recounted. The board of canvassers, together with the candidates and, in some instances, their lawyers, begin a detailed examination of the records and the votes. They check the security devices and protections on the machines and ballot boxes, and review the count of individual ballots when possible.

The closer the election, of course, the more intense the battling will be over the work of the election personnel and the stronger the arguments will be over whether a paper ballot was marked properly. It is at times such as these that members of the board of canvassers earn their pay as they pore and argue over individual ballots. (The television images of the boards of canvassers in Florida in November 2000 have been etched into the minds of virtually all Americans. Words can barely de- scribe the intensity of those ballot recounters as they angled the ballot cards to the light and held them under magnifying glasses as they sought to make an argument for counting or not counting the “dimpled chads” as a vote for Vice-president Albert Gore or Texas Govenor George W. Bush.) MANAGING THE MODERN MICHIGAN TOWNSHIP

110 In the end, the board must make its decision. If the loser in a recount still believes that the board did not apply the law and rules properly, he or she may take the matter to court. If there is evidence of tampering and possible fraud, the board of canvassers may provide a written report to the county prosecutor who may wish to follow up and investigate further.

Township clerks, of course, have no influence on the closeness of an election – the circumstance that usually leads to a recount. What a clerk can do is build a reputa- tion for being an efficient and effective election administrator, one whose workers are well-trained and dedicated to thoroughness. The clerk, by leaving few if any points of challenge for those seeking a recount, may thus discourage narrow losers from petitioning a recount.99

TOWNSHIP TREASURERS AS ADMINISTRATORS

Our forebears of a century and more ago were concerned, as we are today, that our public officials handle public money with the highest degree of integrity. For this reason, at least in part, township government was created with the office of trea- surer to be filled by a person who was elected directly by the people. Moreover, the duties of the office were strictly limited to taking care of the township treasury. The treasurer, these early government designers said, should make certain that all taxes due are collected, be able to demonstrate to whom the money received was paid, and indicate the location of the unspent funds.

We hold much of the same standard today, and for that reason, the treasurer’s of- fice, unlike that of clerk, has been given few other statutory duties. The concern over the years has been that the duties of the treasurer not be compromised in any way that would give rise to suspicion. The duties of township treasurer, therefore, are narrow in scope. We discuss them under two main headings: collecting taxes and other revenues, and enforcing payment of personal property taxes.

MANAGING THE PROPERTY TAX Before the property tax collection process can begin, the township treasurer must provide insurance – a bond – to the taxing units for which the treasurer will be collecting taxes. In some instances, the township treasurer may already be covered adequately through the regular township treasurer’s bond. If the township supervi- sor and county treasurer agree that the bond is adequate, the county clerk must deliver a signed letter to that effect. Another statute states that the township board must approve the amount of the treasurer’s bond.100 At that point the supervisor may deliver the tax roll to the township treasurer. If the regular bond is not suffi- cient, the township treasurer must provide a surety bond running to the county treasurer for not less than 40 percent of the taxes to be collected in the township. The county treasurer is responsible for paying the cost of the supplemental bond, but she or he may charge the school districts for their respective shares of the cost of the bond. After getting official acknowledgment from the county treasurer with respect to receiving the bond, the township treasurer gives the bond receipt to the supervisor and then takes custody of the tax roll.101