SENATE BILL No. 758

 

 

September 11, 2007, Introduced by Senators CHERRY, SCOTT, OLSHOVE, BASHAM, WHITMER, CLARKE, SWITALSKI and THOMAS and referred to the Committee on Campaign and Election Oversight.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 523 (MCL 168.523), as amended by 2005 PA 71.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 523. (1) At each election, before being given a ballot,

 

each registered elector offering to vote shall identify himself or

 

herself by presenting an official state identification card issued

 

to that individual pursuant to Act No. 222 of the Public Acts of

 

1972, being sections 28.291 to 28.295 of the Michigan Compiled

 

Laws, an operator's or chauffeur's license issued to that

 

individual pursuant to the Michigan vehicle code, Act No. 300 of

 

the Public Acts of 1949, being sections 257.1 to 257.923 of the

 

Michigan Compiled Laws, or other generally recognized picture

 

identification card and by executing an application showing his or


 

her signature or mark and address of residence in the presence of

 

an election official. If an elector's signature contained in the

 

qualified voter file is available in the polling place, the

 

election official shall compare the signature upon the application

 

with the digitized signature provided by the qualified voter file.

 

If an elector's signature is not contained in the qualified voter

 

file, the election official shall process the application in the

 

same manner as applications are processed when a voter registration

 

list is used in the polling place. If voter registration lists are

 

used in the precinct, the election inspector shall determine if the

 

name on the application to vote appears on the voter registration

 

list. If the name appears on the voter registration list, the

 

elector shall provide further identification by giving his or her

 

date of birth or other information stated upon the voter

 

registration list. In precincts using voter registration lists, the

 

date of birth may be required to be placed on the application to

 

vote. If the signature or an item of information does not

 

correspond, the vote of the person shall be challenged, and the

 

same procedure shall be followed as provided in this act for the

 

challenging of an elector. If the person offering to vote has

 

signed the registration card or application by making a mark, the

 

person shall identify himself or herself by giving his or her date

 

of birth, which shall be compared with the date of birth stated

 

upon the registration card or voter registration list, or shall

 

give other identification as may be referred to upon the

 

registration card or voter registration list. If the elector does

 

not have an official state identification card, operator's or


 

chauffeur's license as required in this subsection, or other

 

generally recognized picture identification card, the individual

 

shall sign an affidavit to that effect before an election inspector

 

and be allowed to vote as otherwise provided in this act. However,

 

an elector being allowed to vote without the identification

 

required under this subsection is subject to challenge as provided

 

in section 727.

 

     (2) If, upon a comparison of the signature or other

 

identification as required in subsection (1), it is found that the

 

applicant is entitled to vote, the election officer having charge

 

of the registration list shall approve the application and write

 

his or her initials on the application, after which the number on

 

the ballot issued shall be noted on the application. The

 

application shall serve as 1 of the 2 poll lists required to be

 

kept as a record of a person who has voted. The application shall

 

be filed with the township, city, or village clerk. If voter

 

registration cards are used in the precinct, the date of the

 

election shall be noted by 1 of the election officials upon the

 

precinct registration card of each elector voting at an election.

 

If voter registration lists are used in the precinct, the election

 

official shall clearly indicate upon the list each elector voting

 

at that election. The clerk of a city, village, or township shall

 

maintain a record of voting participation for each registered

 

elector.