October 18, 2005, Introduced by Senators SCOTT and CLARKE and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 759. (1) At any time during the 75 days before a primary
or special primary, but not later than 2 p.m. of the Saturday
immediately before the primary or special primary, an elector who
qualifies to vote as an absent voter, as defined in section 758,
may apply for an absent voter ballot. The elector shall apply in
person or by mail with the clerk of the township, city, or village
in which the elector is registered. An application received before
a primary or special primary may be for either that primary only,
or for that primary and the election that follows.
(2) Except as otherwise provided in subsection (1), at any
time during the 75 days before an election, but not later than 2
p.m. of the Saturday before the election, an elector who qualifies
to vote as an absent voter, as defined in section 758, may apply
for an absent voter ballot. The elector shall apply in person or by
mail with the clerk of the township, city, or village in which the
voter is registered.
(3) An application for an absent voter ballot under this
section may be made in any of the following ways:
(a) By a written request signed by the voter stating the
statutory grounds for making the application.
(b) On an absent voter ballot application form provided for
that purpose by the clerk of the city, township, or village.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the
application. A clerk or assistant clerk shall not deliver an absent
voter ballot to an applicant who does not sign the application. A
person
other than shall not be
in possession of a signed absent
voter ballot application except for the applicant; a member of the
applicant's immediate family; a person residing in the applicant's
household; a person whose job normally includes the handling of
mail, but only during the course of his or her employment; a
registered elector requested by the applicant to return the
application; or a clerk, assistant of the clerk, or other
authorized
election official. shall not be in possession of a
signed
absent voter ballot application. A registered elector who
is requested by the applicant to return his or her absent voter
ballot application shall sign the certificate on the absent voter
ballot application.
(5) The clerk of the city, township, or village shall have
absent voter ballot application forms available in the clerk's
office
of the clerk at all times and shall furnish an absent
voter ballot application form to anyone upon a verbal or written
request. In addition, the clerk of the city, township, or village
may forward an absent voter ballot application form to a qualified
and registered elector who is 60 years of age or older, even if the
elector has not requested an absent voter ballot application form
under this section. The absent voter ballot application shall be in
substantially the following form:
"Application for absent voter ballot for:
[]
The primary or special primary election to be held on
.....,
19... ____________________
(Date).
[]
The election to be held on ..... , 19.. _________ (Date).
(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.
The statutory grounds on which I base my request are:
[] I expect to be absent from the community in which I am
registered for the entire time the polls are open on election day.
[] I am physically unable to attend the polls without the
assistance of another.
[] I cannot attend the polls because of the tenets of my
religion.
[] I have been appointed an election precinct inspector in a
precinct other than the precinct where I reside.
[] I am 60 years of age or older.
[] I cannot attend the polls because I am confined to jail
awaiting arraignment or trial.
(Check applicable reason)
Send absent voter ballot to me at:
.......................................
(Street No. or R.R.)
.......................................................
(Post Office) (State) (Zip Code)
My registered address..................................
(Street No. or R.R.)
..........................................
(Post Office) (State) (Zip Code)
Date ...............................................
I
declare certify 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. It is a violation of
Michigan election law for a person other than those listed in the
instructions to return, offer to return, agree to return, or
solicit to return your absent voter ballot application to the
clerk. An assistant authorized by the clerk who receives absent
voter ballot applications at a location other than the clerk's
office
of the clerk must have credentials signed by the clerk.
Ask to see his or her credentials before entrusting your
application with a person claiming to have the clerk's
authorization to return your application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is ...................., my address is
...................., and my date of birth is ............; that I
am delivering the absent voter ballot application of
.................... at his or her request; that I did not solicit
or request to return the application; that I have not made any
markings on the application; that I have not altered the
application in any way; that I have not influenced the applicant;
and that I am aware that a false statement in this certificate is a
violation of Michigan election law.
__________ __________________________
(Date) (Signature)"
(6) The following instructions for an applicant for an absent
voter ballot shall be included with each application furnished an
applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
Step 1. After completely filling out the application, sign and
date the application in the place designated. Your signature must
appear on the application or you will not receive an absent voter
ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in an envelope addressed to the
appropriate clerk and place the necessary postage upon the return
envelope and deposit it in the United States mail or with another
public postal service, express mail service, parcel post service,
or common carrier.
(b)
Deliver the application personally to the clerk's office,
of
the clerk, to the clerk, or to an authorized assistant of the
clerk.
(c) In either (a) or (b), a member of the immediate family of
the voter including a father-in-law, mother-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or
grandchild or a person residing in the voter's household may mail
or deliver the application to the clerk for the applicant.
(d)
In the event If an applicant cannot return the
application in any of the above methods, the applicant may select
any registered elector to return the application. The person
returning the application must sign and return the certificate at
the bottom of the application.
(7) A person who prints and distributes absent voter ballot
applications shall print on the application the warning,
certificate of authorized registered elector returning absent voter
ballot application, and instructions required by this section.
(8) 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. A person who is not authorized in this act and who both
distributes absent voter ballot applications to absent voters and
returns those absent voter ballot applications to a clerk or
assistant of the clerk is guilty of a misdemeanor.