June 3, 2008, Introduced by Rep. Cushingberry and referred to the Committee on Oversight and Investigations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding section 527.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 527. (1) A state or local election official shall not
prevent an individual from registering to vote or voting in any
election or permit in connection with any election a formal
challenge under this act to an individual's registration status or
eligibility to vote if the decision is based upon any of the
following:
(a) A voter caging document.
(b) A voter caging list.
(c) An unverified match list.
(d) An error or omission on any record or paper related to any
application, registration, or other act requisite to voting, if the
error or omission is not material to the individual's eligibility
to vote under this act.
(2) If a challenge by a state or local election official is
resolved against an elector on the day of an election, the elector
shall be entitled to vote by provisional ballot. If a challenge by
a state or local election official is resolved in favor of an
elector on the day of an election, the elector shall be entitled to
vote by regular ballot.
(3) A person, other than a state or local election official,
shall not submit a formal challenge to an individual's eligibility
to register to vote in an election or to vote in an election if the
challenge is based upon any of the following:
(a) A voter caging document.
(b) A voter caging list.
(c) An unverified match list.
(d) An error or omission on any record or paper relating to
any application, registration, or other act requisite to voting, if
the error or omission is not material to an individual's
eligibility to vote under this act.
(4) A person may submit a formal challenge to an individual's
eligibility to register to vote in an election or to vote in an
election if all of the following apply:
(a) The person is a registered elector in the precinct where
the challenge is made.
(b) The challenge is supported by personal, firsthand
knowledge regarding the grounds for ineligibility of the
individual.
(c) The challenge is documented in writing.
(d) The person challenging an individual's eligibility makes
an oath or attestation under penalty of perjury that the individual
who is the subject of the challenge is ineligible to register to
vote or vote in the election because of age, residency,
citizenship, competency, or penal status.
(5) A person who challenges an elector shall file the
challenge with the local election commission at least 30 days
before the election. The local election commission shall serve the
elector with notice by mail at the elector's last known address.
Notice shall also be published in a periodical of general
circulation at least 21 days before the election. At least 14 days
before the election, the local election commission shall hold a
public hearing at which the challenger shall appear and present
grounds for the challenge. If the challenger fails to appear, the
challenge against the elector shall be dismissed. The burden of
proof is on the challenger to show by clear and convincing evidence
that the elector is ineligible to vote. The challenged elector may
submit evidence or otherwise rebut the challenge. If the elector
fails to appear, the local election commission shall evaluate the
challenge on its face and sustain or dismiss the challenge under
the clear and convincing standard. The local election commission
shall render its decision and deliver it by certified mail, return
receipt requested, to the elector not less than 7 days before the
election. If the decision of the local election commission is
adverse to the elector, he or she shall be allowed to vote at the
election by provisional ballot.
(6) A person who challenges the eligibility of an individual
to register to vote or who causes the eligibility of an individual
to be challenged in violation of this section with the intent to
disqualify 1 or more eligible electors is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $1,000.00, or both. Each violation constitutes a
separate offense.
(7) As used in this section:
(a) "Voter caging document" means any of the following:
(i) A nonforwardable document that is returned to the sender or
a third party as undelivered or undeliverable despite an attempt to
deliver the document to the address of a registered elector or
applicant for voter registration.
(ii) Any document with instructions to an addressee that the
document be returned to the sender or a third party but is not
returned despite an attempt to deliver the document to the address
of a registered elector or applicant for voter registration, unless
at least 2 general elections for federal office have occurred since
the date of the attempted delivery.
(iii) Any report from a United States post office or other mail
carrier that lists the registered elector or applicant for voter
registration as having been the recipient of undeliverable mail
regardless of the reason for the failure of an attempt to deliver a
document in subparagraph (i) or (ii).
(b) "Voter caging list" means a list of individuals compiled
from voter caging documents.
(c) "Unverified match list" means a list produced by matching
the information of registered electors or applicants for voter
registration to a list of individuals who are ineligible to vote in
the local jurisdiction by virtue of death, change of address, or
otherwise, unless 1 of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring that
the information from each source refers to the same individual.