Michigan Compiled Laws

Mich. Comp. Laws § 168.738 (2026)

Voting; ballots; folding; deposit in ballot box; rejection for exposure.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.738 Voting; ballots; folding; deposit in ballot box; rejection for exposure.

Sec. 738.

(1) Before leaving the booth or voting compartment, the elector shall fold his or her ballot or each of the ballots so that no part of the face shall be exposed, and with the detachable corner on the outside. Upon leaving the booth, the elector shall at once deliver in public view the ballot or ballots to the inspector designated to receive the ballot or ballots. Except as provided in subsection (2), the inspector shall tear off the corner of the ballot, where perforated, containing the number and shall then in the presence of the elector and the board of inspectors deposit each ballot in the proper ballot box without opening the ballot.

(2) If an elector shows his or her ballot or any part of the ballot to any person other than a person lawfully assisting him or her in the preparation of the ballot or a minor child accompanying that elector in the booth or voting compartment under section 736a, after the ballot has been marked, to disclose any part of the face of the ballot, the ballot shall not be deposited in the ballot box, but shall be marked "rejected for exposure", and shall be disposed of as are other rejected ballots. If an elector exposes his or her ballot, a note of the occurrence shall be entered on the poll list opposite his or her name and the elector shall not be allowed to vote at the election.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1996, Act 213, Imd. Eff. May 28, 1996

PopularName Notes:

Election Code

Notes of Decisions

Cited in 3 cases, 2007–2018 · leading case: Joel Crookston v. Ruth Johnson, 841 F.3d 396 (6th Cir. 2016).

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Joel Crookston v. Ruth Johnson, 841 F.3d 396 (6th Cir. 2016). · cites it 2× “” Mich. Comp. Laws § 168.738 (2). The Secretary of State has issued instructions to local election officials banning “the use [of] video cameras, cell phone cameras or video recording, cameras, television [and] recording equipment .”

In Re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71, 740 N.W.2d 444 (Mich. 2007). · cites it 2× “MCL 168.738(2). If the voter's ballot is rejected for exposure, the "elector shall not be allowed to vote at the election.”

Crookston v. Johnson, 370 F. Supp. 3d 804 (W.D. Mich. 2018). · cites it 2× “579 and § 168.738(2) Violate the First Amendment II.”

— Mich. Comp. Laws § 168.738(2) — 2 cases

In Re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71, 740 N.W.2d 444 (Mich. 2007). “MCL 168.738(2). If the voter's ballot is rejected for exposure, the "elector shall not be allowed to vote at the election.”

Crookston v. Johnson, 370 F. Supp. 3d 804 (W.D. Mich. 2018). “579 and § 168.738(2) Violate the First Amendment II.”

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