HOUSE BILL No. 5084

August 10, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. and referred to the Committee on House Oversight, Elections, and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 764b (MCL 168.764b), as amended by 1996 PA 207.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 764b. (1) 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~~ shall

accept delivery of absent voter ballots at any location in the

city, township, or village. If an absent voter ballot is delivered

by United States mail, public postal service, express mail service,

parcel post service, or common carrier, the clerk of the city,

township, or village shall accept delivery of the absent voter

ballot even if the voter has placed insufficient postage on the

return envelope.

(3) The clerk of a city, township, or village ~~may~~ shall

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~~

before 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