House Introduced Bill 4103

HOUSE BILL No. 4103

January 28, 1997, Introduced by Rep. Hammerstrom and referred to the Committee on Local Government.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 758, 759, and 759b (MCL 168.758, 168.759,

and 168.759b), section 758 as amended by 1996 PA 207 and section

759 as amended by 1995 PA 261.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 758. (1) For the purposes of AS USED IN this act,

2 "absent voter" means a qualified and registered elector who

3 meets 1 or more of the following requirements;

4 (a) On account of physical disability, cannot without

5 another's assistance attend WISHES TO VOTE WITHOUT ATTENDING the

6 polls on the day of an election.

7 (b) On account of the tenets of his or her religion, cannot

8 attend the polls on the day of election.

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1 (c) Cannot attend the polls on the day of an election in the

2 precinct in which he or she resides because of being an election

3 precinct inspector in another precinct.

4 (d) Is 60 years of age or older.

5 (e) Is absent or expects to be absent from the township or

6 city in which he or she resides during the entire period the

7 polls are open for voting on the day of an election.

8 (f) Cannot attend the polls on election day because of being

9 confined in jail awaiting arraignment or trial.

10 (2) Subsection (1) does not apply to ABSENT VOTER DOES NOT

11 INCLUDE a person who has moved outside of this state, regardless

12 of length of his or her residence outside of this state, and who

13 no longer maintains an actual residence in this state. The stor-

14 age of personal effects or household goods, the ownership of

15 property that is rented or leased to others, or occasional brief

16 visits to a former domicile in this state while residing outside

17 of this state for most of the year does not constitute a resi-

18 dence for voting purposes in this state, except for each of the

19 following:

20 (a) A person described in section 1 of article II of the

21 state constitution of 1963 and statutes enacted under that

22 section.

23 (b) A person described in section 759a.

24 Sec. 759. (1) At any time during the 75 days before a pri-

25 mary or special primary, but not later than 2 p.m. of the

26 Saturday immediately before the primary or special primary, an

27 elector who qualifies to vote as an absent voter, as defined in

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1 section 758, may apply for an absent voter ballot. The elector

2 shall apply in person or by mail with the clerk of the township,

3 city, or village in which the elector is registered. An applica-

4 tion received before a primary or special primary may be for

5 either that primary only, or for that primary and the election

6 that follows.

7 (2) Except as otherwise provided in subsection (1), at any

8 time during the 75 days before an election, but not later than 2

9 p.m. of the Saturday before the election, an elector who quali-

10 fies to vote as an absent voter, as defined in section 758, may

11 apply for an absent voter ballot. The elector shall apply in

12 person or by mail with the clerk of the township, city, or vil-

13 lage in which the voter is registered.

14 (3) An application for an absent voter ballot under this

15 section may be made in any of the following ways:

16 (a) By a written request signed by the voter stating the

17 statutory grounds for making the application ELECTOR.

18 (b) On an absent voter ballot application form provided for

19 that purpose by the clerk of the city, township, or village.

20 (c) On a federal postcard application.

21 (4) An applicant for an absent voter ballot shall sign the

22 application. A clerk or assistant clerk shall not deliver an

23 absent voter ballot to an applicant who does not sign the

24 application. A person other than the applicant; a member of the

25 applicant's immediate family; a person residing in the

26 applicant's household; a person whose job normally includes the

27 handling of mail, but only during the course of his or her

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1 employment; a registered elector requested by the applicant; or a

2 clerk, assistant of the clerk, or other authorized election offi-

3 cial shall not be in possession of a signed absent voter ballot

4 application. A registered elector who is requested by the appli-

5 cant to return his or her absent voter ballot application shall

6 sign the certificate on the absent voter ballot application.

7 (5) The clerk of the city, township, or village shall have

8 absent voter ballot application forms available in the office of

9 the clerk at all times and shall furnish an absent voter ballot

10 application form to anyone upon a verbal or written request. The

11 absent voter ballot application shall be in substantially the

12 following form:

13 "Application for absent voter ballot for:

15 [] The primary or special primary election to be held

16 on ..... , 19... .

17 [] The election to be held on ..... , 19... .

18 (Check applicable election or elections)

19 I, .......... , a qualified and registered elector of

20 the ..... precinct of the township of .......... or village

21 of .......... or of the .......... ward of the city

22 of .......... , in the county of .......... and state of

23 Michigan, apply for an official ballot, or ballots, to be voted

24 by me at the election or elections as requested in this

25 application.

26 The statutory grounds on which I base my request are:

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1 [] I expect to be absent from the community in which I am

2 registered for the entire time the polls are open on election

3 day.

4 [] I am physically unable to attend the polls without the

5 assistance of another.

6 [] I cannot attend the polls because of the tenets of my

7 religion.

8 [] I have been appointed an election precinct inspector in a

9 precinct other than the precinct where I reside.

10 [] I am 60 years of age or older.

11 [] I cannot attend the polls because I am confined to jail

12 awaiting arraignment or trial.

13 (Check applicable reason)

14 Send absent voter ballot to me at:

15 .......................................
16 (Street No. or R.R.)

17 .......................................
18 (Post Office) (State)

19 My registered address..........................................
20 (Street No. or R.R.)

21 .................................................
22 (Post Office) (State)

23 Date...........................................................

24 I declare that the statements in this absent voter ballot

25 application are true.

26 .................................................
27 (Signature)

28 WARNING
29 A person making a false statement in this absent voter

30 ballot application is guilty of a misdemeanor. It is a violation

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1 of Michigan election law for a person other than those listed in

2 the instructions to return, offer to return, agree to return, or

3 solicit to return your absent voter ballot application to the

4 clerk. An assistant authorized by the clerk who receives absent

5 voter ballot applications at a location other than the office of

6 the clerk must have credentials signed by the clerk. Ask to see

7 his or her credentials before entrusting your application with a

8 person claiming to have the clerk's authorization to return your

9 application.

10 Certificate of Authorized Registered

11 Elector Returning Absent Voter

12 Ballot Application

13 I certify that my name is ...................., my address

14 is ...................., and my date of birth is ............;

15 that I am delivering the absent voter ballot application of

16 .................... at his or her request; that I did not

17 solicit or request to return the application; that I have not

18 made any markings on the application; that I have not altered the

19 application in any way; that I have not influenced the applicant;

20 and that I am aware that a false statement in this certificate is

21 a violation of Michigan election law.

22 __________ ______________________________
23 (Date) (Signature)"
24 (6) The following instructions for an applicant for an

25 absent voter ballot shall be included with each application fur-

26 nished an applicant:

27 INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

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1 Step 1. After completely filling out the application, sign

2 and date the application in the place designated. Your signature

3 must appear on the application or you will not receive an absent

4 voter ballot.

5 Step 2. Deliver the application by 1 of the following

6 methods:

7 (a) Place the application in an envelope addressed to the

8 appropriate clerk and place the necessary postage upon the return

9 envelope and deposit it in the United States mail or with another

10 public postal service, express mail service, parcel post service,

11 or common carrier.

12 (b) Deliver the application personally to the office of the

13 clerk, to the clerk, or to an authorized assistant of the clerk.

14 (c) In either (a) or (b), a member of the immediate family

15 of the voter including a father-in-law, mother-in-law,

16 brother-in-law, sister-in-law, son-in-law, daughter-in-law,

17 grandparent, or grandchild or a person residing in the voter's

18 household may mail or deliver the application to the clerk for

19 the applicant.

20 (d) In the event an applicant cannot return the application

21 in any of the above methods, the applicant may select any regis-

22 tered elector to return the application. The person returning

23 the application must sign and return the certificate at the

24 bottom of the application.

25 (7) A person who prints and distributes absent voter ballot

26 applications shall print on the application the warning,

27 certificate of authorized registered elector returning absent

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1 voter ballot application, and instructions required by this

2 section.

3 (8) A person who makes a false statement in an absent voter

4 ballot application is guilty of a misdemeanor. A person who

5 forges a signature on an absent voter ballot application is

6 guilty of a felony. A person who is not authorized in this act

7 and who both distributes absent voter ballot applications to

8 absent voters and returns those absent voter ballot applications

9 to a clerk or assistant of the clerk is guilty of a misdemeanor.

10 Sec. 759b. (1) Any A registered elector may apply for AN

11 absent voter ballots BALLOT at any time prior to BEFORE 4

12 p.m. on election day if he shall have become physically dis-

13 abled or shall be absent from the city or township because of

14 sickness or death in the family which AN EVENT has occurred at a

15 time which has THAT made it impossible to apply for absent

16 voter ballots by the statutory deadline. The application shall

17 be called an emergency absent voter BALLOT application.

18 (2) Emergency absent voter BALLOT applications may be made

19 by letter or on a form PRESCRIBED BY THE SECRETARY OF STATE AND

20 provided by the clerk. The application shall set forth that the

21 voter is qualified to vote in the election , stating the statu-

22 tory reason for applying for an emergency absent voter ballot

23 and that the reason for applying after the statutory deadline

24 AN EVENT occurred at such a time to make it impossible to file an

25 application for AN absent voter ballots BALLOT by the statutory

26 deadline. THE SECRETARY OF STATE SHALL PRESCRIBE A STANDARD

27 EMERGENCY ABSENT VOTER BALLOT APPLICATION FORM, INCLUDING THE

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1 SIZE OF THE FORM AND THE COLOR OF PAPER UPON WHICH THE FORM IS

2 PRINTED.

3 (3) Any A person intentionally making a false statement in

4 such AN EMERGENCY ABSENT VOTER BALLOT application is guilty of

5 a felony. Any A person aiding or abetting any ANOTHER person

6 to make a false statement on such IN AN EMERGENCY ABSENT VOTER

7 BALLOT application is guilty of a felony.

8 (4) Upon receipt by the clerk of a valid application for an

9 emergency absent voter ballot, the clerk may deliver the ABSENT

10 VOTER ballots to the applicant in person, through a deputy or an

11 election assistant, or he may deliver them at his OR HER office

12 to a person named by the applicant in the EMERGENCY ABSENT VOTER

13 BALLOT application. The ABSENT voter may SHALL return the bal-

14 lots to the clerk in the sealed envelope provided therefor FOR

15 THAT REASON. THE ABSENT VOTER MAY RETURN THE ABSENT VOTER BAL-

16 LOTS TO THE CLERK in any manner. he sees fit. To HOWEVER, TO

17 be valid, THE ABSENT VOTER ballots must SHALL be returned to

18 the clerk in time to be delivered to the polls prior to BEFORE

19 8 p.m. on election day.

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