September 14, 2006, Introduced by Rep. Proos 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 662 (MCL 168.662), as amended by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 662. (1) The legislative body in each city, village, and
township shall designate and prescribe the place or places of
holding an election for a city, village, or township election, and
shall provide a suitable polling place in or for each precinct
located in the city, village, or township for use at each election.
Except as otherwise provided in this section, school buildings,
fire stations, police stations, and other publicly owned or
controlled buildings shall be used as polling places. If it is not
possible or convenient to use a publicly owned or controlled
building as a polling place, the legislative body of the city,
township, or village may use as a polling place a building owned or
controlled by an organization that is exempt from federal income
tax as provided by section 501(c), other than 501(c)(4), (5), or
(6), of
the internal revenue code, of 1986 26 USC 501, or any
successor statute. The legislative body of a city, township, or
village shall not designate as a polling place a building that is
owned
by a person who is a sponsor of a political action committee.
or
independent committee. A city, township, or village shall not
use as a polling place a building that does not meet the
requirements of this section. As used in this subsection, "sponsor
of
a political action committee" or independent committee" means
a person who is described as being a sponsor under section 24(3) of
the Michigan campaign finance act, 1976 PA 388, MCL 169.224, and
includes a subsidiary of a corporation or a local of a labor
organization, if the corporation or labor organization is
considered a sponsor under section 24(3) of the Michigan campaign
finance act, 1976 PA 388, MCL 169.224.
(2) The legislative body in each city, village, and township
shall make arrangements for the rental or erection of suitable
buildings for use as polling places if publicly owned or controlled
buildings are not available, and shall have the polling places
equipped with the necessary facilities for lighting and with
adequate facilities for heat and ventilation. The legislative body
may establish a central polling place or places for 6 precincts or
less if it is possible and convenient for the electors to vote at
the central polling place. The legislative body may abolish other
polling places not required as a result of the establishment of a
central polling place.
(3) The legislative body of a city, village, or township may
establish a polling place at a for-profit or nonprofit residence or
facility in which 150 persons or more aged 62 or older reside or at
an apartment building or complex in which 150 persons or more
reside. A township board may provide polling places located within
the limits of a city that has been incorporated from territory
formerly a part of the township, and the electors of the township
may cast their ballots at those polling places. If 2 contiguous
townships utilize a combined township hall or other publicly owned
or controlled building within 1 of the township's boundaries and
outside of the other township's boundaries, and there is not
another publicly owned or controlled building or a building owned
or controlled by an organization that is exempt from federal income
tax, as provided by section 501(c), other than 501(c)(4), (5), or
(6),
of the internal revenue code, of 1986 26 USC 501, available
or suitable for a polling place within the other township, then
each township board may provide a polling place in that publicly
owned building for 1 or more election precinct.
(4) The legislative body of a city, village, or township shall
not establish, move, or abolish a polling place less than 60 days
before an election unless necessary because a polling place has
been damaged, destroyed, or rendered inaccessible or unusable as a
polling place.
(5) The legislative body of a city, village, or township shall
ensure that a polling place established under this section is
accessible and complies with the voting accessibility for the
elderly and handicapped act and the help America vote act of 2002.
(6) As used in this section, "accessible" means the removal or
modification of policies, practices, and procedures that deny an
individual with a disability the opportunity to vote, including the
removal of physical barriers as identified in section 261(b) of the
help America vote act of 2002, 42 USC 15421, so as to ensure
individuals with disabilities the opportunity to participate in
elections in this state.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6487(request no.
06781'06) of the 93rd Legislature is enacted into law.