House Introduced Bill 5074

HOUSE BILL No. 5074


     September 20, 2001, Introduced by Rep. Bishop and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 9a, 727, 729, 745, 746, and 769 (MCL 168.9a,

   168.727, 168.729, 168.745, 168.746, and 168.769), section 9a as

   added by 1999 PA 219 and sections 727 and 769 as amended by 1995

   PA 261.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 9a.  As used in this act:  , "qualified

 2
           (A) "QUALIFIED voter file" means that term as defined in

 3
      section 509m.

 4
           (B) "PROVISIONAL BALLOT" MEANS A BALLOT PROVIDED TO AN INDI-

 5
      VIDUAL BY AN ELECTION INSPECTOR ON ELECTION DAY FOR EITHER OF THE

 6
      FOLLOWING REASONS:

 7
           (i) THE INDIVIDUAL'S NAME DOES NOT APPEAR IN THE

 8
      REGISTRATION BOOK OR THE INDIVIDUAL IS CHALLENGED AS NOT BEING A


   04176'01                                                 GWH                                   2

 1
      QUALIFIED AND REGISTERED VOTER AND IT CANNOT BE IMMEDIATELY

 2
      VERIFIED IF THE INDIVIDUAL IS A QUALIFIED AND REGISTERED VOTER.

 3
           (ii) THE INDIVIDUAL HAS REQUESTED AN ABSENT VOTER BALLOT AND

 4
      THERE IS NO VERIFICATION THAT THE INDIVIDUAL HAS VOTED AND

 5
      RETURNED THE ABSENT VOTER BALLOT.

 6
           Sec. 727.  (1) An election inspector shall challenge  a

 7
      person  AN INDIVIDUAL applying for ballots if the ELECTION

 8
      inspector knows or has good reason to suspect THAT the applicant

 9
      is not a qualified and registered elector of the precinct, IF THE

10
      APPLICANT'S NAME DOES NOT APPEAR IN THE REGISTRATION BOOK, or if

11
      a challenge appears in connection with the applicant's name in

12
      the registration book.  A registered elector of the precinct

13
      present in the polling place may challenge the right of anyone

14
      attempting to vote if the elector knows or has good reason to

15
      suspect that  person  THE INDIVIDUAL is not a registered elector

16
      in that precinct.  An election inspector or other qualified chal-

17
      lenger may challenge the right of  a person  AN INDIVIDUAL

18
      attempting to vote who has previously applied for an absent voter

19
      ballot and who on election day is claiming to have never received

20
      the absent voter ballot or to have lost or destroyed the absent

21
      voter ballot.

22
           (2) Upon a challenge being made under subsection (1), an

23
      election inspector shall immediately do all of the following:

24
           (a) Identify  pursuant to section  AS PROVIDED IN

25
      SECTIONS 745 AND 746  any  A ballot voted by the challenged indi-

26
      vidual, if any.





   04176'01                                   3

 1
           (b) Make a written report including all of the following

 2
      information:

 3
           (i) All election disparities or infractions complained of or

 4
      believed to have occurred.

 5
           (ii) The name of the  person  INDIVIDUAL making the

 6
      challenge.

 7
           (iii) The time of the challenge.

 8
           (iv) The name, telephone number, and address of the chal-

 9
      lenged individual.

10
           (v)  Any other  OTHER information considered appropriate by

11
      the election inspector.

12
           (c) Retain the written report created under subdivision (b)

13
      and make it a part of the election record.

14
           (3) A challenger shall not make a challenge indiscriminately

15
      and without good cause.  A challenger shall not handle the poll

16
      books while observing election procedures or the ballots during

17
      the counting of the ballots.  A challenger shall not interfere

18
      with or unduly delay the work of the election inspectors.  A

19
      person who challenges a qualified and registered elector of a

20
      voting precinct for the purpose of annoying or delaying voters is

21
      guilty of a misdemeanor.

22
           Sec. 729.  If  any person  AN INDIVIDUAL attempting to vote

23
       shall be  IS challenged as unqualified OR BECAUSE HIS OR HER

24
      NAME DOES NOT APPEAR IN THE REGISTRATION BOOK,  he shall be sworn

25
      by  1 of the ELECTION inspectors  of election  SHALL SWEAR THE

26
      CHALLENGED ELECTOR to truthfully answer all questions asked  him

27
      THE CHALLENGED ELECTOR concerning his OR HER qualifications as an



   04176'01                                   4

 1
      elector  and any  OR CONCERNING HIS OR HER REGISTRATION TO VOTE.

 2
      ANY ELECTION inspector or qualified elector at the poll may ques-

 3
      tion  said person  A CHALLENGED ELECTOR as to  such  HIS OR
   HER

 4
      qualifications OR REGISTRATION TO VOTE.  If the answer to  such

 5
      THE questions show that  said person is  THE CHALLENGED ELECTOR

 6
      MAY BE a qualified AND REGISTERED elector in that precinct, he

 7
       shall be  OR SHE IS entitled to receive a PROVISIONAL ballot and

 8
      vote.   Should  IF the answers show that  said person  THE
   CHAL-

 9
      LENGED ELECTOR is not a qualified AND REGISTERED elector at that

10
      poll, he  shall  OR SHE IS not  be  entitled to receive a
   ballot

11
      and vote.  IF AN INDIVIDUAL IS CHALLENGED AS UNQUALIFIED OR

12
      UNREGISTERED AFTER HE OR SHE HAS RECEIVED AND VOTED A BALLOT, HE

13
      OR SHE SHALL BE SWORN AND QUESTIONED AS PROVIDED IN THIS

14
      SECTION.  IF THE ANSWERS SHOW THAT THE CHALLENGED ELECTOR MAY BE

15
      A QUALIFIED AND REGISTERED ELECTOR IN THAT PRECINCT, THE BALLOT

16
      SHALL BE PLACED IN A PROVISIONAL BALLOT ENVELOPE AS PROVIDED IN

17
      SECTION 745.  IF THE ANSWERS SHOW THAT THE CHALLENGED ELECTOR IS

18
      NOT A QUALIFIED AND REGISTERED ELECTOR IN THAT PRECINCT, THE

19
      BALLOT SHALL BE PLACED IN A PROVISIONAL BALLOT ENVELOPE AND

20
      MARKED AS "REJECTED AS ILLEGAL". If  any one  1 of his OR HER

21
      answers concerning a material matter  shall  IS not  be  true
    ,

22
      he shall  OR CANNOT BE VERIFIED, THE MATTER SHALL BE REFERRED TO

23
      THE ATTORNEY GENERAL.  THE CHALLENGED ELECTOR, upon conviction,

24
       be deemed  IS guilty of perjury AND SUBJECT TO THE PENALTIES

25
      UNDER SECTION 936.

26
           Sec. 745.   Whenever at any election the ballot of any

27
      person  IF AN INDIVIDUAL who has been challenged as an



   04176'01                                   5

 1
      unqualified OR UNREGISTERED voter and who has taken the oath

 2
      provided  by law in such case to be taken shall be received by

 3
      the inspectors of election, said inspectors shall cause to be

 4
      plainly endorsed on said ballot  UNDER SECTION 729 IS GIVEN AND

 5
      VOTES A PROVISIONAL BALLOT, THE ELECTION INSPECTOR WHO RECEIVES

 6
      THE PROVISIONAL BALLOT FROM THE VOTER SHALL PLACE THE BALLOT IN A

 7
      PROVISIONAL BALLOT ENVELOPE.  THE ELECTION INSPECTOR SHALL

 8
      PLAINLY ENDORSE ON THE PROVISIONAL BALLOT ENVELOPE, with pencil,

 9
      before depositing the  same  PROVISIONAL BALLOT ENVELOPE in the

10
      ballot box, the number corresponding to the number placed after

11
       such  THE voter's name on the poll lists without opening the

12
       same:  Provided, That in case a ballot shall be so folded,

13
      defaced, printed or prepared that such number cannot be legibly

14
      and permanently written on the back thereof, said inspectors

15
      shall refuse to accept such  PROVISIONAL ballot.

16
           Sec. 746.  (1) To prevent the identification of  said  A

17
      PROVISIONAL ballot, except as  hereinafter  provided IN SECTION

18
      747 for  in case of  a contested election, the  inspectors of

19
      election INSPECTOR shall  cause to be securely attached to said

20
      ballot, with mucilage or other adhesive substance, a slip or

21
      piece of blank paper of the same color and appearance, as nearly

22
      as may be, as the paper of the ballot, in such manner as to cover

23
      and wholly conceal said endorsement but not to injure or deface

24
      the same; and if any inspector or other officer of an election

25
      shall afterward expose said endorsement or remove the said slip

26
      of paper covering the same, or attempt to identify the ballot of

27
      any voter, or suffer the same to be done by any other person, he



   04176'01                                   6

 1
      shall, on conviction thereof, be deemed guilty of a misdemeanor

 2
      PLACE THE PROVISIONAL BALLOT IN A PROVISIONAL BALLOT ENVELOPE.

 3
           (2) AN ELECTION INSPECTOR OR OTHER ELECTION OFFICIAL WHO

 4
      REMOVES THE BALLOT FROM THE PROVISIONAL BALLOT ENVELOPE, ATTEMPTS

 5
      TO IDENTIFY THE BALLOT OF A VOTER, OR ALLOWS ANOTHER PERSON TO

 6
      REMOVE OR ATTEMPT TO IDENTIFY A PROVISIONAL BALLOT IN VIOLATION

 7
      OF THIS ACT IS GUILTY OF A MISDEMEANOR.

 8
           (3) A PROVISIONAL BALLOT SHALL BE PROCESSED IN THE SAME

 9
      MANNER AS AN ABSENT VOTER BALLOT, AS PROVIDED IN SECTIONS 766 TO

10
      768.

11
           Sec. 769.  (1) An absent voter may vote in person within his

12
      or her precinct at an election, notwithstanding that he or she

13
      applies for an absent voter ballot and the ballot is mailed or

14
      otherwise delivered to the absent voter by the clerk.  This sub-

15
      section only applies if the absent voter does not vote the absent

16
      voter ballot mailed or otherwise delivered by the clerk.

17
           (2) Before voting in person, except as otherwise provided in

18
      this section, the absent voter shall return the absent voter

19
      ballot to the board of election inspectors in his or her

20
      precinct.  If an absent voter ballot is returned under this sub-

21
      section, the board of election inspectors shall mark it

22
      "CANCELED" and place it in the regular box with other canceled

23
      ballots.

24
           (3) An absent voter who did not receive an absent voter

25
      ballot that he or she applied for or lost or destroyed an absent

26
      voter ballot he or she received, and who desires to vote in

27
      person in his or her precinct on election day, shall sign  an



   04176'01                                   7

 1
      affidavit  A SWORN STATEMENT to that effect before an election

 2
      inspector and be allowed to vote  as otherwise provided in this

 3
      act.  However, a voter being allowed to vote under this subsec-

 4
      tion is subject to challenge  A PROVISIONAL BALLOT as provided in

 5
       section 727  SECTIONS 727 AND 729.

 6
           (4) A person who votes at an election both in person and by

 7
      means of an absent voter ballot or a person who attempts to vote

 8
      both in person and by means of an absent voter ballot is guilty

 9
      of a felony.

10
           (5) An election official who becomes aware of a person who

11
      votes or attempts to vote both in person and by means of an

12
      absent voter ballot shall report that information to the prose-

13
      cuting attorney for that county and to the secretary of state.































   04176'01          Final page.                            GWH