June 3, 2003, Introduced by Reps. Sheltrown, Accavitti, Lipsey, Elkins, Minore and Rivet and referred to the Committee on Local Government and Urban Policy.
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:
1 Sec. 759. (1) At any time during the 75 days before a
2 primary or special primary, but not later than 2 p.m. of the
3 Saturday Wednesday immediately before the primary or
special
4 primary, an elector who qualifies to vote as an absent voter, as
5 defined in section 758, may apply for an absent voter ballot.
6 The elector shall apply in person or by mail with the clerk of
7 the township, city, or village in which the elector is
8 registered. An application received before a primary or special
9 primary may be for either that primary only, or for that primary
10 and the election that follows.
1 (2) Except as otherwise provided in subsection (1), at any
2 time during the 75 days before an election, but not later than 2
3 p.m. of the Saturday Wednesday
before the election, an elector
4 who qualifies to vote as an absent voter, as defined in
5 section 758, may apply for an absent voter ballot. The elector
6 shall apply in person or by mail with the clerk of the township,
7 city, or village in which the voter is registered.
8 (3) An application for an absent voter ballot under this
9 section may be made in any of the following ways:
10 (a) By a written request signed by the voter stating the
11 statutory grounds for making the application.
12 (b) On an absent voter ballot application form provided for
13 that purpose by the clerk of the city, township, or village.
14 (c) On a federal postcard application.
15 (4) An applicant for an absent voter ballot shall sign the
16 application. A clerk or assistant clerk shall not deliver an
17 absent voter ballot to an applicant who does not sign the
18 application. A
person other Other than the applicant; a member
19 of the applicant's immediate family; a person residing in the
20 applicant's household; a person whose job normally includes the
21 handling of mail, but only during the course of his or her
22 employment; a registered elector requested by the applicant to
23 return the application; or a clerk, assistant of the clerk, or
24 other authorized election official, a person shall not be in
25 possession of a signed absent voter ballot application. A
26 registered elector who is requested by the applicant to return
27 his or her absent voter ballot application shall sign the
1 certificate on the absent voter ballot application.
2 (5) The clerk of the city, township, or village shall have
3 absent voter ballot application forms available in the office of
4 the clerk at all times and shall furnish an absent voter ballot
5 application form to anyone upon a verbal or written request. The
6 absent voter ballot application shall be in substantially the
7 following form:
8 "Application for absent voter ballot for:
9 [] The primary or special primary election to be held on
10 ..... , 19... ...........
11 (Date)
12 [] The election to
be held on ..... , 19... ...........
13 (Date)
14 (Check applicable election or elections)
15 I, .......... , a qualified and registered elector of
16 the ..... precinct of the township of .......... or village
17 of .......... or of the .......... ward of the city
18 of .......... , in the county of .......... and state of
19 Michigan, apply for an official ballot, or ballots, to be voted
20 by me at the election or elections as requested in this
21 application.
22 The statutory grounds on which I base my request are:
23 [] I expect to be absent from the community in which I am
24 registered for the entire time the polls are open on election
25 day.
26 [] I am physically unable to attend the polls without the
27 assistance of another.
1 [] I cannot attend the polls because of the tenets of my
2 religion.
3 [] I have been appointed an election precinct inspector in a
4 precinct other than the precinct where I reside.
5 [] I am 60 years of age or older.
6 [] I cannot attend the polls because I am confined to jail
7 awaiting arraignment or trial.
8 (Check applicable reason)
9 Send absent voter ballot to me at:
10 .......................................
11 (Street No. or R.R.)
12 ...................................................
13 (Post Office) (State) (Zip Code)
14 My registered address..........................................
15 (Street No. or R.R.)
16 .....................................................
17 (Post Office) (State) (Zip Code)
18 Date...........................................................
19 I declare that the statements in this absent voter ballot
20 application are true.
21 .................................................
22 (Signature)
23 WARNING
24 A person making a false statement in this absent voter ballot
25 application is guilty of a misdemeanor. It is a violation of
26 Michigan election law for a person other than those listed in the
27 instructions to return, offer to return, agree to return, or
28 solicit to return your absent voter ballot application to the
29 clerk. An assistant authorized by the clerk who receives absent
1 voter ballot applications at a location other than the office of
2 the clerk must have credentials signed by the clerk. Ask to see
3 his or her credentials before entrusting your application with a
4 person claiming to have the clerk's authorization to return your
5 application.
6 Certificate of Authorized Registered
7 Elector Returning Absent Voter
8 Ballot Application
9 I certify that my name is ...................., my address is
10 ...................., and my date of birth is ............; that
11 I am delivering the absent voter ballot application of
12 .................... at his or her request; that I did not
13 solicit or request to return the application; that I have not
14 made any markings on the application; that I have not altered the
15 application in any way; that I have not influenced the applicant;
16 and that I am aware that a false statement in this certificate is
17 a violation of Michigan election law.
18 __________ ______________________________
19 (Date) (Signature)"
20 (6) The following instructions for an applicant for an absent
21 voter ballot shall be included with each application furnished an
22 applicant:
23 INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
24 Step 1. After completely filling out the application, sign
25 and date the application in the place designated. Your signature
26 must appear on the application or you will not receive an absent
27 voter ballot.
1 Step 2. Deliver the application by 1 of the following
2 methods:
3 (a) Place the application in an envelope addressed to the
4 appropriate clerk and place the necessary postage upon the return
5 envelope and deposit it in the United States mail or with another
6 public postal service, express mail service, parcel post service,
7 or common carrier.
8 (b) Deliver the application personally to the office of the
9 clerk, to the clerk, or to an authorized assistant of the clerk.
10 (c) In either (a) or (b), a member of the immediate family of
11 the voter including a father-in-law, mother-in-law,
12 brother-in-law, sister-in-law, son-in-law, daughter-in-law,
13 grandparent, or grandchild or a person residing in the voter's
14 household may mail or deliver the application to the clerk for
15 the applicant.
16 (d) In the event If
an applicant cannot return the
17 application in any of the above methods, the applicant may select
18 any registered elector to return the application. The person
19 returning the application must sign and return the certificate at
20 the bottom of the application.
21 (7) A person who prints and distributes absent voter ballot
22 applications shall print on the application the warning,
23 certificate of authorized registered elector returning absent
24 voter ballot application, and instructions required by this
25 section.
26 (8) A person who makes a false statement in an absent voter
27 ballot application is guilty of a misdemeanor. A person who
1 forges a signature on an absent voter ballot application is
2 guilty of a felony. A person who is not authorized in this act
3 and who both distributes absent voter ballot applications to
4 absent voters and returns those absent voter ballot applications
5 to a clerk or assistant of the clerk is guilty of a misdemeanor.