March 24, 2005, Introduced by Reps. Ward, Brown, Gosselin, Stahl, Kooiman, Drolet, Palmer, Meisner, Bieda and Anderson and referred to the Committee on House Oversight, Elections, and Ethics.
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.
(c) Cannot attend the polls on the day of an election in the
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 a primary or election but not later than 4
p.m. of the day preceding the primary or 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 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 a
primary or election, a qualified and registered voter may apply and
vote pursuant to this section at the county clerk's office.
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.
(c) The absent voter telephones the appropriate clerk for
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.