May 28, 2003, Introduced by Rep. Ward and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 495, 500a, and 759 (MCL 168.495, 168.500a,
and 168.759), sections 495 and 500a as amended by 1995 PA 87 and
section 759 as amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 495. An individual who registers as an elector shall
2 complete a registration application. The registration affidavit
3 required under section
493 application shall contain
all of the
4 following:
5 (a) The name of the elector.
6 (b) The residence address of the elector, including the
7 street and number or rural route and box number and the apartment
8 number, if any.
9 (c) The birthplace and date of birth of the elector.
1 (d) The driver's license or state personal identification
2 card number of the elector, if available.
3 (e) A statement that the elector is a citizen of the United
4 States.
5 (f) A statement that the elector is at the time of completing
6 the affidavit application,
or will be on the date of the next
7 election, not less than 18 years of age.
8 (g) A statement that the elector has or will have lived in
9 this state not less than 30 days before the next election.
10 (h) A statement that the elector has or will have established
11 his or her residence in the township, city, or village in which
12 the elector is applying for registration not less than 30 days
13 before the next election.
14 (i) A statement that the elector is or will be a qualified
15 elector of the township, city, or village on the date of the next
16 election.
17 (j) A space in which the elector shall state the place of the
18 elector's last registration, if any.
19 (k) A space for the elector to sign and certify to the truth
20 of the statements on the registration application.
21 (l) A space for the elector to mark if the elector wishes to
22 be listed on a permanent absentee voters list.
23 Sec. 500a. (1) The secretary of state or the secretary of
24 state's agent shall
afford a person an individual who appears
25 in a department of state
branch office or a person an
26 individual who applies for renewal of an operator's or
27 chauffeur's license under section 307 of the Michigan vehicle
1 code, Act No. 300 of
the Public Acts of 1949, being section
2 257.307 of the
Michigan Compiled Laws 1949 PA
300, MCL 257.307,
3 an opportunity to complete an application to register to vote or
4 to change the person's
individual's voting registration name or
5 address, if the applicant possesses the qualifications of an
6 elector on the date of application or will possess the
7 qualifications at the next election. This subsection does not
8 require a registered elector to periodically reregister or to
9 renew his or her
registration. The application for
10 registration application made under this section shall contain
11 all of the following:
12 (a) The name of the applicant.
13 (b) The residence address of the applicant, including the
14 street and number or rural route and box number and apartment
15 number, if any.
16 (c) The city or township and county of residence of the
17 applicant, and the school district of the applicant, if known.
18 (d) The date of birth of the applicant.
19 (e) The birthplace of the applicant.
20 (f) The driver's license or state personal identification
21 card number of the applicant, if available.
22 (g) A statement that the applicant has the qualifications of
23 an elector as of the date of applying for registration, or will
24 have the qualifications of an elector at the next election.
25 (h) A statement that the registration is not effective until
26 processed by the clerk of the city or township in which the
27 applicant resides.
1 (i) A statement that the applicant, if qualified, may vote at
2 an election occurring not less than 30 days after the date of
3 completing the application.
4 (j) A space to indicate the applicant's last place of
5 registration, if any.
6 (k) A statement authorizing the cancellation of registration
7 at the applicant's last place of registration.
8 (l) A space for the applicant to sign and certify to the
9 truth of the statements on the application.
10 (m) A space for the applicant to mark if the applicant wishes
11 to be listed on a permanent absentee voters list.
12 (2) The applicant shall sign the registration application.
13 Upon receipt of receiving
the application, the agent shall sign
14 the application, stamp the application with a validation stamp,
15 and provide the applicant with a receipt verifying the
16 registration application. The agent shall promptly forward the
17 application to the county clerk of the applicant's residence or
18 to a city or township clerk designated by the secretary of
19 state.
20 Sec. 759. (1) At any time during the 75 days before a
21 primary or special primary, but not later than 2 p.m. of the
22 Saturday immediately before the primary or special primary, an
23 elector who qualifies to vote as an absent voter, as defined in
24 section 758, may apply for an absent voter ballot. The elector
25 shall apply in person or by mail with the clerk of the township,
26 city, or village in which the elector is registered or, for a
27 school election, with the secretary of the school board of the
1 school district in which the elector resides. An application
2 received before a primary or special primary may be for either
3 that primary only, or for that primary and the election that
4 follows.
5 (2) Except as otherwise provided in subsection (1), at any
6 time during the 75 days before an election, but not later than 2
7 p.m. of the Saturday before the election, an elector who
8 qualifies to vote as an absent voter, as defined in section 758,
9 may apply for an absent voter ballot. The elector shall apply in
10 person or by mail with the clerk of the township, city, or
11 village in which the voter is registered or, for a school
12 election, with the secretary of the school board of the school
13 district in which the elector resides.
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 elector
17 stating the statutory grounds for making the application.
18 (b) On an absent
voter ballot application form provided for
19 that purpose by the
clerk of the city, township, or village or
20 the secretary of a school board provides to the elector.
21 (c) On a federal postcard application.
22 (4) Each city, township, or village clerk and secretary of a
23 school board shall compile and maintain a list of electors who
24 request to be listed on a permanent absentee voters list. For
25 each election conducted by a clerk or secretary of a school
26 board, the clerk or secretary of the school board shall mail or
27 otherwise provide an absent voter ballot application to each
1 elector listed on the permanent absentee voters list for that
2 city, township, village, or school district.
3 (5) (4) An
applicant for an absent voter ballot shall sign
4 the application. A clerk,
or assistant clerk, or secretary of
5 the school board shall not deliver an absent voter ballot to an
6 applicant who does not
sign the application. A person other
7 Other than the applicant; a member of the applicant's immediate
8 family; a person an
individual residing in the applicant's
9 household; a person an
individual whose job normally includes
10 the handling of mail, but only during the course of his or her
11 employment; a registered elector requested by the applicant to
12 return the application; or a clerk, assistant of the clerk, or
13 other authorized election official, an individual shall not be in
14 possession of a signed absent voter ballot application. A
15 registered elector who is requested by the applicant to return
16 his or her absent voter ballot application shall sign the
17 certificate on the absent voter ballot application.
18 (6) (5) The
clerk of the city, township, or village or the
19 secretary of a school board shall have absent voter ballot
20 application forms available in the office of the clerk or
21 secretary of the school board at all times and shall furnish an
22 absent voter ballot application form to anyone upon a verbal or
23 written request. The absent voter ballot application shall be in
24 substantially the following form:
25 "Application for absent voter ballot for:
26 [] The primary or special primary election to be held on
1 ..... , 19... . ............... (date)
2 []
The election to be held on ..... , 19... .
3 ............... (date)
4 (Check applicable election or elections)
5 I, .......... , a qualified and registered elector of
6 the ..... precinct of the township of .......... or village
7 of .......... or of the .......... ward of the city
8 of .......... , in the county of .......... and state of
9 Michigan, apply for an official ballot, or ballots, to be voted
10 by me at the election or elections as requested in this
11 application.
12 The statutory grounds on which I base my request are:
13 [] I expect to be absent from the community in which I am
14 registered for the entire time the polls are open on election
15 day.
16 [] I am physically unable to attend the polls without the
17 assistance of another.
18 [] I cannot attend the polls because of the tenets of my
19 religion.
20 [] I have been appointed an election precinct inspector in a
21 precinct other than the precinct where I reside.
22 [] I am 60 years of age or older.
23 [] I cannot attend the polls because I am confined to jail
24 awaiting arraignment or trial.
25 (Check applicable reason)
26 Send absent voter ballot to me at:
27 .......................................
1 (Street No. or R.R.)
2 ....................................... ..........
3 (Post Office) (State) (Zip Code)
4 My registered address..........................................
5 (Street No. or R.R.)
6 ....................................... ..........
7 (Post Office) (State) (Zip Code)
8 Date...........................................................
9 I declare that the statements in this absent voter ballot
10 application are true.
11 .................................................
12 (Signature)
13 WARNING
14 A person making a false statement in this absent voter ballot
15 application is guilty of a misdemeanor. It is a violation of
16 Michigan election law for a person other than those listed in the
17 instructions to return, offer to return, agree to return, or
18 solicit to return your absent voter ballot application to the
19 clerk election official. An assistant authorized by
the a
20 city, township, or village clerk who receives absent voter ballot
21 applications at a location other than the office of the clerk
22 must have credentials signed by the clerk. Ask to see his or her
23 credentials before entrusting your application with a person
24 claiming to have the clerk's authorization to return your
25 application.
26 Certificate of Authorized Registered
27 Elector Returning Absent Voter
28 Ballot Application
29 I certify that my name is ...................., my address is
1 ...................., and my date of birth is ............; that
2 I am delivering the absent voter ballot application of
3 .................... at his or her request; that I did not
4 solicit or request to return the application; that I have not
5 made any markings on the application; that I have not altered the
6 application in any way; that I have not influenced the applicant;
7 and that I am aware that a false statement in this certificate is
8 a violation of Michigan election law.
9 __________ ______________________________
10 (Date) (Signature)"
11 (7) (6) The
following instructions for an applicant for an
12 absent voter ballot shall be included with each application
13 furnished an applicant:
14 INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
15 Step 1. After completely filling out the application, sign
16 and date the application in the place designated. Your signature
17 must appear on the application or you will not receive an absent
18 voter ballot.
19 Step 2. Deliver the application by 1 of the following
20 methods:
21 (a) Place the application in an envelope addressed to the
22 appropriate clerk or other appropriate election official and
23 place the necessary postage upon the return envelope and deposit
24 it in the United States mail or with another public postal
25 service, express mail service, parcel post service, or common
26 carrier.
27 (b) Deliver the application personally to the office of the
1 clerk , to the clerk,
or to an authorized assistant of the
2 clerk or other election official.
3 (c) In either (a) or (b), a member of the immediate family of
4 the voter including a father-in-law, mother-in-law,
5 brother-in-law, sister-in-law, son-in-law, daughter-in-law,
6 grandparent, or grandchild or a person residing in the voter's
7 household may mail or deliver the application to the clerk or
8 other election official for the applicant.
9 (d) In the event If
an applicant cannot return the
10 application in any of the above methods, the applicant may select
11 any registered elector to return the application. The person
12 returning the application must sign and return the certificate at
13 the bottom of the application.
14 (8) (7) A
person who prints and distributes absent voter
15 ballot applications shall print on the application the warning,
16 certificate of authorized registered elector returning absent
17 voter ballot application, and instructions required by this
18 section.
19 (9) (8) A
person who makes a false statement in an absent
20 voter ballot application is guilty of a misdemeanor. A person
21 who forges a signature on an absent voter ballot application is
22 guilty of a felony. A person who is not authorized in this act
23 and who both distributes absent voter ballot applications to
24 absent voters and returns those absent voter ballot applications
25 to a clerk or assistant
of the clerk other election official is
26 guilty of a misdemeanor.