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HB-4569, As Passed House, April 19, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4569

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 758 and 764b (MCL 168.758 and 168.764b), as

amended by 1996 PA 207, and by adding section 763.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 758. (1) For the purposes of this act, "absent voter"

means either a qualified and registered elector who meets the

requirements under section 763 or a qualified and registered

elector who meets 1 or more of the following requirements:

(a) On account of physical disability, cannot without

another's assistance attend the polls on the day of an election.

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

attend the polls on the day of election.

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

precinct inspector in another precinct.

(d) Is 60 years of age or older.

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

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

are open for voting on the day of an election.

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

confined in jail awaiting arraignment or trial.

(2) Subsection (1) does not apply to a person who has moved

outside of this state, regardless of length of his or her residence

outside of this state, and who no longer maintains an actual

residence in this state. The storage of personal effects or

household goods, the ownership of property that is rented or leased

to others, or occasional brief visits to a former domicile in this

state while residing outside of this state for most of the year

does not constitute a residence for voting purposes in this state,

except for each of the following:

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

constitution of 1963 and statutes enacted under that section.

(b) A person described in section 759a.

Sec. 763. (1) A qualified and registered elector who appears

at the city, township, or village clerk's office at any time during

the 7 days preceding an election but not later than 4 p.m. of the

day preceding the election except Sunday or a legal holiday may

request and complete an absent voter ballot application as set

forth in subsection (2). An applicant who completes and signs the

absent voter ballot application under subsection (2) shall receive

his or her absent voter ballot and vote the ballot in the clerk's

office without having to provide a reason if he or she presents to

the clerk a Michigan operator's or chauffeur's license, department

of state issued personal identification card, other government

issued photo identification card, or a photo identification card

issued by an institution of higher education in this state

described in section 6 of article VIII of the state constitution of

1963 or a junior college or community college established under

section 7 of article VIII of the state constitution of 1963 to

establish his or her identity. [The secretary of state shall issue a

personal identification card, without fee or charge, to a person who intends to apply under subsection (2) and who does not currently have the identification required under this subsection.] The instructions for an absent voter

as set forth in section 764a shall be included with each ballot

furnished to an absent voter under this section.

(2) The absent voter ballot application used pursuant to this

section shall be in substantially the following form:

"Application for absent voter ballot for:

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

.................. , 20 ... .

[] The election to be held on ............. , 20 ... .

(Check applicable election or elections)

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

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

.......... or of the .......... ward of the city of .......... , in

the county of .......... and state of Michigan, apply for an

official ballot, or ballots, to be voted by me at the election or

elections as requested in this application.

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

(Street No. or R.R.)

..........................................

(Post Office) (State) (Zip Code)

Date ...................................................

I declare that the statements in this absent voter ballot

application are true.

..........................................

(Signature)

WARNING

A person making a false statement in this absent voter ballot

application is guilty of a misdemeanor.".

(3) An absent voter under this section, after receiving and

voting the ballot in the clerk's office, shall submit the ballot in

the return envelope personally to the clerk or an authorized

assistant clerk. As set forth in section 761(3), an absent voter

under this section shall sign and date the return envelope in the

place designated.

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

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

a signature on an absent voter ballot application is guilty of a

felony.

(5) If a city, township, or village clerk's office does not

maintain regular business hours during the 7 days preceding an

election, and the city, township, or village clerk enters into an

agreement with the county clerk that allows absent voters to vote

at the county clerk's office, a qualified and registered voter may

apply and vote pursuant to this section at the county clerk's

office.

[(6) Each city, township, or village clerk MAY make 1 voting machine available that allows an absent voter under this section to check his or her ballot for errors without tabulating the ballot. This subsection applies to each county clerk who agrees to allow absent voters to vote at the county clerk's office pursuant to subsection (5).]

Sec. 764b. (1) An Except as provided in section 763, an

absent voter ballot shall be delivered to the clerk only as

authorized in the instructions for an absent voter provided in

section 764a.

(2) The clerk of a city, township, or village may accept

delivery of absent voter ballots at any location in the city,

township, or village.

(3) The clerk of a city, township, or village may appoint the

number of assistants necessary to accept delivery of absent voter

ballots at any location in the city, township, or village. An

appointment as assistant to accept delivery of absent voter ballots

shall be for 1 election only. An assistant appointed to receive

ballots at a location other than the clerk's office ~~of the clerk~~

shall be furnished credentials of authority by the clerk. If an

absent voter's ballot is received by an assistant at any location

other than the clerk's office the assistant, upon request, shall

exhibit the credentials to the absent voter before the assistant

accepts an absent voter ballot. An assistant, before entering upon

the discharge of duties, shall take and subscribe to the oath of

office as provided in section 1 of article XI of the state

constitution of 1963. An assistant shall perform only the duties

assigned by the clerk. A person shall not be appointed as an

assistant to accept delivery of absent voter ballots who is a

candidate or a member of the immediate family of a candidate whose

name appears on the ballot at that election.

(4) A clerk who receives a request from an absent voter under

section 764a for assistance in returning his or her absent voter

ballot shall make arrangements to collect the ballot from the voter

either personally or by sending an authorized assistant, if all of

the following conditions are satisfied:

(a) The clerk's office issued the absent voter ballot to that

absent voter.

(b) Upon the clerk's request, the absent voter states that he

or she is unable to return the absent voter ballot by the other

means specified in instructions (a), (b), or (c) of Step 5 under

section 764a.

assistance on or before 5 p.m. on the Friday immediately preceding

the election.

(d) The absent voter is requesting the clerk to pick up the

absent voter ballot within the jurisdictional limits of the city,

township, or village in which the absent voter is registered.

(5) Notwithstanding subsection (4), a clerk who receives a

request from an absent voter under section 764a for assistance in

returning his or her absent voter ballot may make arrangements to

collect the ballot from the voter either personally or by sending

an authorized assistant, if all of the following conditions are

satisfied:

(a) The clerk's office issued the absent voter ballot to that

absent voter.

(b) Upon the clerk's request, the absent voter states that he

or she is unable to return the absent voter ballot by the other

means specified in instructions (a), (b), or (c) of Step 5 under

section 764a.

(6) The clerk shall maintain a list open to the public that

contains the names and addresses of all authorized assistants

appointed under this section who are available to collect absent

voter ballots on or before election day in that city or township.

(7) An absent voter ballot received by the clerk before the

close of the polls on election day shall not be invalidated solely

because the delivery to the clerk was not in compliance with

section 764a or this section, however the ballot shall be

considered challenged and shall be marked and processed as provided

in section 745.