SENATE BILL No. 52

 

 

January 27, 2009, Introduced by Senators CHERRY, SWITALSKI and JACOBS and referred to the Committee on Campaign and Election Oversight.

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 720 and 735 (MCL 168.720 and 168.735),

 

section 735 as amended by 2004 PA 92, and by adding section 720a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 720. (1) On the day of any an election, the polls shall

 

 2  be opened open at 7 o'clock in the forenoon, a.m. and shall be

 

 3  continuously open until 8 o'clock in the afternoon and no longer.

 

 4  Every p.m. Each qualified elector present and in line at the

 

 5  polls at the hour prescribed for the closing thereof time shall

 

 6  be allowed to vote.

 

 7        (2) For early voting under section 720a, the clerk

 

 8  conducting the election shall designate the hours at which the

 

 9  polls will open and close. The polls shall be open not less than

 

10  7 hours each weekday and not less than 3 hours each Saturday

 


 1  during the early voting period in section 720a. Before early

 

 2  voting begins, the clerk shall post the hours that the polls will

 

 3  be open at the clerk's office. The clerk shall provide notice to

 

 4  the electors that substantially complies with the form in section

 

 5  653a of the dates and hours the early voting polling places will

 

 6  be open.

 

 7        Sec. 720a. (1) Every city, township, and village shall

 

 8  provide early voting at polling places designated by the city,

 

 9  township, or village clerk during the period of time set forth in

 

10  this section before a regular or special election.

 

11        (2) Early voting shall begin on the fifteenth day before a

 

12  regular election and end on the day before the election. For

 

13  purposes of a special election held pursuant to this act, early

 

14  voting shall begin on the eighth day before a special election

 

15  and end on the day before the election.

 

16        (3) The secretary of state shall cooperate with each

 

17  municipality conducting early voting and provide technical

 

18  assistance to each municipality that requests technical

 

19  assistance.

 

20        (4) Before being given a ballot, each elector using early

 

21  voting shall provide identification to an election official

 

22  pursuant to section 523. In addition, each elector using early

 

23  voting shall submit to the election official in charge of the

 

24  precinct an early voter certificate in substantially the

 

25  following form:

 

 

26

                      EARLY VOTER CERTIFICATE


1

I certify that my name is __________________, my address is

2

____________________________, my date of birth is ___________,

3

and I am a qualified and registered elector in this election.

4

I understand that if I commit or attempt to commit fraud in

5

connection with voting, vote a fraudulent ballot, or vote

6

more than once in an election I could be convicted of a

7

felony punishable by imprisonment for not more than 4 years

8

or a fine of not more than $2,000.00, or both. I understand

9

that my failure to sign this certificate invalidates my ballot.

10

__________________________

11

(Voter's Signature)/(Date)

 

 

12        (5) Except as otherwise provided, all of the following

 

13  provisions of this act apply to early voting:

 

14        (a) Election inspectors.

 

15        (b) Challenges to voters.

 

16        (c) Poll book and poll list.

 

17        (d) Notices, instructions, and placards.

 

18        (e) Security of a voting machine or other voting system.

 

19        (f) Ballot security, ballot containers, ballot counting, and

 

20  ballot preservation.

 

21        (g) Spoiled ballots.

 

22        (6) The poll book and poll list for each precinct shall be

 

23  maintained in accordance with section 735.

 

24        (7) Early voting ballots shall be processed in the same

 

25  manner as ballots cast on election day and shall not be counted

 

26  until the polls close on election day.

 

27        (8) As used in this section, "municipality" means a city,

 

28  township, or village.


 

 1        Sec. 735. (1) At each primary and election, election

 

 2  inspectors shall keep 1 poll book and 1 poll list. An election

 

 3  inspector shall enter in the poll book, in the order in which

 

 4  electors are given ballots, the name of each elector who is given

 

 5  a ballot and immediately after the name, on the same line, shall

 

 6  enter the number of the ballot given to the elector. For an

 

 7  absent voter ballot, when an election inspector removes the

 

 8  ballot from the sealed absent voter envelope, the election

 

 9  inspector shall enter in the poll book the name of the absent

 

10  voter and the number of the ballot.

 

11        (2) For early voting under section 720a, the poll book shall

 

12  be divided by date and separate records shall be maintained for

 

13  each day of early voting.

 

14        (3) (2) If an elector is issued a provisional ballot, an

 

15  election inspector shall enter a proper designation in the poll

 

16  book, including whether the provisional ballot was tabulated in

 

17  the precinct or was secured for verification after the election.

 

18        (4) (3) At the completion of the precinct canvass, an

 

19  election inspector shall record on the certificate provided in

 

20  the poll book the number of each metal seal used to seal voting

 

21  equipment and ballot containers. Each member of the board of

 

22  election inspectors shall sign the certificate.