SENATE BILL No. 259

February 27, 2001, Introduced by Senators LELAND, DE BEAUSSAERT, BYRUM,

EMERSON, SMITH, YOUNG, DINGELL, MURPHY, BULLARD, PETERS,

MC MANUS, GOSCHKA, HAMMERSTROM and JAYE and referred to the

Committee on Government Operations.

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 ELECTION or special primary ELECTION, but not later than 2

26 p.m. of the Saturday immediately before the primary ELECTION or

27 special primary ELECTION, an elector who qualifies to vote as an

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1 absent voter , as defined in section 758, may apply for an

2 absent voter ballot. The elector shall apply in person or by

3 mail with the clerk of the township, city, or village in which

4 the elector is registered. An application received before a pri-

5 mary ELECTION or special primary ELECTION may be for either that

6 primary ELECTION only, or for that primary ELECTION and the elec-

7 tion that follows.

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

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

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

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

12 may apply for an absent voter ballot. The elector shall apply in

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

14 lage in which the voter is registered.

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

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

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

18 statutory grounds for making the application ELECTOR.

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

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

21 (c) On a federal postcard application.

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

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

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

25 application. A person other OTHER than the applicant; a member

26 of the applicant's immediate family; a person residing in the

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

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

2 employment; a registered elector requested by the applicant TO

3 RETURN THE APPLICATION; or a clerk, assistant of the clerk, or

4 other authorized election official, A PERSON shall not be in pos-

5 session of a signed absent voter ballot application. A regis-

6 tered elector who is requested by the applicant to return his or

7 her absent voter ballot application shall sign the certificate on

8 the absent voter ballot application.

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

10 absent voter ballot application forms available in the office of

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

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

13 absent voter ballot application shall be in substantially the

14 following form:

15 "Application for absent voter ballot for:

16 [] The primary ELECTION or special primary election to be

17 held on ..... , 19... _______________ [DATE].

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

19 _______________ [DATE].

20 (Check applicable election or elections)

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

22 the ..... precinct of the township of .......... or village

23 of .......... or of the .......... ward of the city

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

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

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

27 application.

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

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

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

4 day.

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

6 assistance of another.

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

8 religion.

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

10 precinct other than the precinct where I reside.

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

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

13 awaiting arraignment or trial.

14 (Check applicable reason)

15 Send absent voter ballot to me at:

16 .......................................

17 (Street No. or R.R.)

18 ..................................................

19 (Post Office) (State) ZIP CODE

20 My registered address..........................................

21 (Street No. or R.R.)

22 .................................................

23 (Post Office) (State) ZIP CODE

24 Date...........................................................

25 I declare SWEAR that the statements in this absent voter

26 ballot application are true.

27 .................................................

28 (Signature)

29 WARNING

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1 A person making a false statement in this absent voter

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

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

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

5 solicit to return your absent voter ballot application to the

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

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

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

9 his or her credentials before entrusting your application with a

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

11 application.

12 Certificate of Authorized Registered

13 Elector Returning Absent Voter

14 Ballot Application

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

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

17 that I am delivering the absent voter ballot application of

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

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

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

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

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

23 a violation of Michigan election law.

24 __________ ______________________________

25 (Date) (Signature)"

26 (6) The following instructions for an applicant for an

27 absent voter ballot shall be included with each application

28 furnished an applicant:

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1 INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

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

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

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

5 voter ballot.

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

7 methods:

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

9 appropriate clerk and place the necessary postage upon the return

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

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

12 or common carrier.

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

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

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

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

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

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

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

20 the applicant.

21 (d) In the event IF an applicant cannot return the appli-

22 cation in any of the above methods, the applicant may select any

23 registered elector to return the application. The person return-

24 ing the application must sign and return the certificate at the

25 bottom of the application.

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

27 applications shall print on the application the warning,

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1 certificate of authorized registered elector returning absent

2 voter ballot application, and instructions required by this

3 section.

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

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

6 forges a signature on an absent voter ballot application is

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

8 and who both distributes absent voter ballot applications to

9 absent voters and returns those absent voter ballot applications

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

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

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

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

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

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

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

17 voter ballots by the statutory deadline. The application shall

18 be called an emergency absent voter BALLOT application.

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

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

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

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

23 tory reason for applying for an emergency absent voter ballot

24 and that the reason for applying after the statutory deadline

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

26 application for AN absent voter ballots BALLOT by the statutory

27 deadline. THE SECRETARY OF STATE SHALL PRESCRIBE A STANDARD

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1 EMERGENCY ABSENT VOTER BALLOT APPLICATION FORM, INCLUDING THE

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

3 PRINTED.

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

5 such AN EMERGENCY ABSENT VOTER BALLOT application is guilty of

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

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

8 BALLOT application is guilty of a felony.

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

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

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

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

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

14 BALLOT application. The ABSENT voter may return the ABSENT VOTER

15 ballots to the clerk in the sealed envelope provided therefor

16 in any manner. he sees fit. To HOWEVER, TO be valid, ballots

17 must be returned THE ABSENT VOTER SHALL RETURN THE ABSENT VOTER

18 BALLOTS to the clerk IN THE SEALED ENVELOPE PROVIDED FOR THAT

19 REASON AND in time to be delivered to the polls prior to BEFORE

20 8 p.m. on election day.

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