July 17, 2003, Introduced by Rep. Mortimer and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 497, 499, 504, 509n, 509o, 509p, 509q, 509r,
509s, 509t, 509v, 509w, and 509y (MCL 168.497, 168.499, 168.504,
168.509n, 168.509o, 168.509p, 168.509q, 168.509r, 168.509s,
168.509t, 168.509v, 168.509w, and 168.509y), section 497 as
amended by 1989 PA 142, section 499 as amended by 1995 PA 213,
sections 504 and 509t as amended by 1998 PA 21, section 509n as
amended by 1999 PA 216, and sections 509o, 509p, 509q, 509r,
509s, 509v, 509w, and 509y as added by 1994 PA 441.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 497. (1) A person who is not registered but possesses
2 the qualifications of an
elector as set forth in section 492 ,
3 may apply for registration to the clerk of the county, township,
4 city, or village in which he or she resides on a day other than
1 Saturday, Sunday, a legal holiday, or the day of a regular,
2 primary, school, or special election. Registrations accepted
3 between the thirtieth day preceding an election and the day of
4 the election, unless the thirtieth day falls on a Saturday,
5 Sunday, or legal holiday, in which event registration shall be
6 accepted during the following day, are not valid for the election
7 but are valid for subsequent regular, primary, school, or special
8 elections that are held so that not less than 30 days intervene
9 between the date the person registered and the date of the
10 election.
11 (2) Except as
otherwise provided in sections 499a to 499c
12 499, 500a to 500j, and
504, 509o, and 509v, an application for
13 registration shall not be executed at a place other than the
14 office of the county, township, city, or village clerk or a
15 public place or places designated by the clerk or deputy
16 registrar for receiving registrations, but the clerk or deputy
17 registrar may receive an application wherever he or she may be.
18 If a county, township, city, or village clerk does not regularly
19 keep his or her office open daily during certain hours, the clerk
20 shall not be required to be at his or her office for the purpose
21 of receiving applications for registration on a particular day
22 nor during specific hours of a day, except as provided in section
23 498. Registrations taken after the time of closing registrations
24 before an election need not be processed until the date
25 immediately following that election. A registration shall not be
26 placed in a precinct registration file until the date immediately
27 following that election. If a person registers at a time that
1 registrations are closed for an election, the person shall be
2 given a notice, signed by the clerk, on a form developed by the
3 secretary of state, informing him or her that he or she is not
4 eligible to vote in the election and indicating the first date on
5 which he or she is eligible to vote. Except as provided in
6 sections 500a to 500j, the provisions of this section relating to
7 registration shall apply.
8 Sec. 499. (1) An elector entitled to registration in an
9 election precinct may become registered in the precinct by
10 applying doing either of the following:
11 (a) Applying in person and signing the registration
12 application before the clerk or assistant clerk of the township,
13 city, or village in which
the precinct is located. For the
14 performance of his or
her duties under this act, each
15 (b) Accessing the secretary of state website created under
16 section 509o and completing the online registration application.
17 (2) Each clerk and
assistant clerk has the power to may
18 administer oaths and to
swear persons as to the truth of
19 statements contained in an
the registration application. For a
20 better examination of the applicant, a clerk may employ and swear
21 an interpreter to interpret all questions put to applicants and
22 the answers to those questions. If the applicant, in answer to a
23 question or in the registration application, makes a material
24 statement that is false, the applicant is guilty of a
25 misdemeanor.
26 (3) (2) A
clerk or assistant clerk shall not accept a fee
27 from an elector applying for registration, either for the
1 registering of the elector or for the taking of the
2 acknowledgment on the application. A person who violates this
3 subsection is guilty of a misdemeanor.
4 (4) (3) The
clerk, immediately after receiving the
5 registration or change of address of an elector, shall prepare a
6 voter identification card for the elector. The clerk shall also
7 prepare and send a corrected voter identification card to an
8 elector affected by a change in United States representative,
9 state senatorial, state representative, or county commissioner
10 district or precinct. Unless otherwise required under the
11 provisions of this subsection, a clerk is not required to prepare
12 and send a corrected voter identification card to an elector who
13 made a declaration of party preference or no party preference as
14 previously provided under this act. The clerk shall forward by
15 first-class mail the identification card to the elector at the
16 elector's registration address. The identification card shall
17 contain the name and address of the registrant and the United
18 States representative, state senatorial, state representative, or
19 county commissioner district and precinct in which the registrant
20 is an elector. Except as provided in section 500c, if the
21 original identification card is returned to the clerk by the post
22 office, the clerk shall accept this as information that the
23 elector has moved and the clerk shall proceed in conformity with
24 section 509aa.
25 Sec. 504. (1) An elector who is unable to apply for
26 registration in person because of physical disability or absence
27 from the township, city, or village in which his or her legal
1 residence is located may be registered before the close of
2 registration before any election or primary election by
3 securing doing either of the following:
4 (a) Securing duplicate registration cards from the clerk of
5 the township, city, or
village in which his or her the
6 elector's legal residence is located, executing in duplicate the
7 registration affidavit before a notary public or other officer
8 legally authorized to administer oaths, and returning the
9 registration cards to the clerk of the township, city, or village
10 before the close of office hours on the last day of registration
11 before any election or primary election. The notary public or
12 other officer administering the oath shall sign his or her name
13 on the line for the signature of the registration officer and
14 designate his or her title.
15 (b) Accessing the secretary of state website created under
16 section 509o and completing the online registration application.
17 (2) The notarization requirements of this section do not
18 apply to an elector who lives or is stationed in a foreign
19 country or who has is
a person with a disability as defined in
20 section 103 of the persons with disabilities civil rights act,
21 1976 PA 220, MCL 37.1103.
22 Sec. 509n. The secretary of state is responsible for the
23 coordination of the requirements imposed under this chapter and
24 the national voter registration act of 1993. The secretary of
25 state shall do all of the following:
26 (a) Develop a mail registration form and make the form
27 available for distribution through governmental and private
1 entities, with special emphasis on making the form available to
2 voter registration programs established for the purpose of
3 registering citizens of this state to vote.
4 (b) Develop an internet registration form and make the form
5 available to the public through the secretary of state website
6 created under section 509o.
7 (c) (b) Instruct
designated voter registration agencies;
8 county, city, township, and village clerks; and school officials
9 regarding the voter registration procedures and requirements
10 imposed by law.
11 (d) (c) By
June 15 of each odd numbered year, submit to
12 each member of the committees of the senate and house of
13 representatives with primary responsibility for election matters
14 a report on the qualified voter file. The report shall include,
15 but need is
not be limited to, both of the following:
16 (i) Information on the efficiency and effectiveness of the
17 qualified voter file as a voter registration system.
18 (ii) Information on the efficiency and effectiveness of the
19 website providing access to the qualified voter file as a voter
20 registration system.
21 (iii) (ii)
Any recommendations of the secretary
of state
22 for amendments to this act to increase the efficiency and
23 effectiveness of the qualified voter file as a voter registration
24 system.
25 Sec. 509o. (1) The secretary of state shall direct and
26 supervise the establishment
and maintenance of a statewide
27 qualified voter file. The
secretary of state shall establish
1 the technology to
implement the qualified voter file on or before
2 January 1, 1997. The qualified voter file shall be is
the
3 official file for the conduct of all elections held in this state
4 on or after January 1,
1998. The secretary of state may direct
5 that all or any part
of the city, township, or village
6 registration files
shall be used in conjunction with the
7 qualified voter file
at the first state primary and election held
8 after the creation of
the qualified voter file. The
secretary of
9 state shall direct and supervise the establishment and
10 maintenance of an internet website that is available to the
11 public. The statewide qualified voter file shall be accessible
12 from this website. This website shall include, but is not
13 limited to, the name of each registered elector, the polling
14 place of each registered elector, and an online registration
15 application that may be completed and submitted by an individual
16 who is not registered, but possesses the qualifications set forth
17 in section 492. A revision, change, deletion, or addition to the
18 qualified voter file shall be made available to the public in the
19 shortest feasible time after the information is made available to
20 the secretary of state and processed in accordance with this act.
21 (2) Notwithstanding any other provision of law to the
22 contrary, beginning
January 1, 1998, a person an individual who
23 appears to vote in an election and whose name appears in the
24 qualified voter file for that city, township, village, or school
25 district is considered a registered voter of that city, township,
26 village, or school district under this act.
27 (3) The secretary of state, a designated voter registration
1 agency, or a county, city, township, or village clerk shall not
2 place a name of an individual into the qualified voter file
3 unless that person signs an application as prescribed in section
4 509r(3). The secretary of state or a designated voter
5 registration agency shall not allow a person to indicate a
6 different address than the address in either the secretary of
7 state's or designated voter registration agency's files to be
8 placed in the qualified voter file.
9 Sec. 509p. The qualified voter file shall consist of all of
10 the following components:
11 (a) A computer file that has the capacity to maintain a
12 number of records equal to or greater than the voting age
13 population of this state.
14 (b) An electronic network that allows participating
15 designated executive departments, state agencies, and county,
16 city, township, and village clerks to electronically add, change,
17 or delete records contained in the qualified voter file.
18 (c) An interactive electronic communication system that
19 allows access to records in the file of qualified voters residing
20 in a county, city, or township for the purpose of receiving
21 copies of the county, city, or township file, transmitting data
22 to the county, city, or township file, or reviewing and printing
23 the county, city, or township file. The interactive electronic
24 communication system shall be designed to permit counties,
25 cities, or townships that are capable of accessing the
26 interactive electronic communication system to add, change, or
27 delete records regarding qualified voters in the qualified voter
1 file.
2 (d) An interactive electronic communication system that
3 coordinates with the internet website created under section 509o
4 and allows an elector access to the records in the file of
5 qualified voters for the purpose of verifying his or her
6 registration, address, and applicable polling site.
7 (e) (d) A
statewide street address index in an electronic
8 medium that will accurately identify the city or township of each
9 record and by January
1, 1998, accurately identify the precinct
10 of each record in the qualified voter file.
11 Sec. 509q. The qualified voter file shall contain all of
12 the following information for each qualified voter:
13 (a) The name; residence address including house number and
14 street name or rural route and box number, and the apartment
15 number, if any; city; state; zip code; and date of birth.
16 (b) The driver's
license number, or state personal
17 identification card number, or similar number issued by a
18 designated voter registration agency.
19 (c) Jurisdictional information including county and city or
20 township; village, if any; and school district.
21 (d) Precinct numbers and ward numbers, if any.
22 (e) Any other information that the secretary of state
23 determines is necessary to assess the eligibility of qualified
24 electors or to administer voter registration or other aspects of
25 the election process.
26 (f) Voting history for a 5-year period.
27 Sec. 509r. (1) The secretary of state shall establish and
1 maintain the computer system and programs necessary to the
2 operation of the qualified voter file and the website created
3 under section 509o. The secretary of state shall allow each
4 county, city, township, or village access to the qualified voter
5 file. The county, city, township, and village clerks shall
6 verify the accuracy of the names and addresses of registered
7 voters in the qualified voter file. The secretary of state shall
8 allow the public internet access to the qualified voter file.
9 (2) Subject to subsection (3), the secretary of state and
10 county, city, township, and village clerks shall compile the
11 qualified voter file that consists of all qualified electors from
12 the following sources and in the following priority:
13 (a) A driver's license or, if there is no driver's license, a
14 state personal identification card, including renewals and
15 changes of address with the department of state.
16 (b) An application for benefits or services, including
17 renewals and changes of address, taken by a designated voter
18 registration agency.
19 (c) An application to register to vote taken by a county,
20 city, township, or village clerk or secretary of a school board.
21 (d) An application to register to vote submitted online.
22 (3) A person whose name does not otherwise appear in the
23 qualified voter file shall be placed in the qualified voter file
24 only if the person signs under penalty of perjury an application
25 that contains an attestation that the applicant meets all of the
26 following requirements:
27 (a) Is 17-1/2 years of age or older.
1 (b) Is a citizen of the United States and this state.
2 (c) Is a resident of the city or township where the person's
3 street address is located.
4 (4) A designated voter registration agency or a county, city,
5 township, or village clerk shall not add to, delete from, or
6 change any information contained in the qualified voter file
7 during the period beginning on the seventh day before an election
8 and ending on the day of the election.
9 Sec. 509s. (1) The secretary of state shall secure the
10 necessary assistance to have an implementation study of the
11 qualified voter file website
conducted before July 1, 1995 July
12 1, 2004 to do all of the following:
13 (a) Assess the hardware and software required to establish
14 and maintain the qualified voter file and the website.
15 (b) Determine the utility of any existing or planned
16 communication networks that will enable electronic communication
17 among designated voter registration agencies that are involved
18 with the qualified voter file.
19 (c) Survey all available or planned communication networks
20 that will allow the counties, cities, and townships to
21 communicate with the qualified voter file.
22 (d) Survey and determine the utility of the internet website
23 that allows the public access to the qualified voter file and
24 permits online application registration to vote.
25 (2) The secretary of state shall present the results of the
26 implementation study to the governor, the senate majority leader,
27 and the speaker of the house of representatives on or before
1 October 1, 1995 October 1, 2004.
2 (3) The secretary of state shall create a system design and
3 cost analysis for the establishment and maintenance of the
4 qualified voter file website
on or before October 1, 1995
5 October 1, 2004. The secretary of state shall create a design
6 and programming schedule to establish and maintain the qualified
7 voter file and website
on or before October 1, 1995 October 1,
8 2004.
9 Sec. 509t. (1) Notwithstanding any other provision of law
10 to the contrary, a person who is a qualified elector in this
11 state and who registers to vote in a manner consistent with the
12 national voter
registration act of 1993 , is considered a
13 registered voter under this act.
14 (2) A person who registers to vote in a jurisdiction in this
15 state by mail or by internet shall vote in person if that person
16 has not previously voted in person in that jurisdiction. This
17 subsection does not apply to any of the following registered
18 voters:
19 (a) A person entitled to vote by absentee ballot under the
20 uniformed and overseas citizens absentee voting act, Public Law
21 99-410, 100 Stat. 924.
22 (b) A person who
has with a disability as defined in
23 section 103 of the persons with disabilities civil rights act,
24 1976 PA 220, MCL 37.1103.
, or
25 (c) A person who is 60 years of age or older.
26 (d) (c) A
person who is entitled to vote other than in
27 person under any other federal law.
1 (3) This section does not preclude this state from
2 prosecuting a violation of this act that is also a violation of
3 any a federal election or voting rights law.
4 Sec. 509v. (1) A person who is not registered to vote at
5 the address where he or she resides may apply to register to vote
6 by submitting an application at any of the following locations:
7 (a) The office of the clerk of a county or the office of the
8 clerk of the city or township in which the applicant resides,
9 during regular office hours of that clerk.
10 (b) A department of state office.
11 (c) A designated voter registration agency when submitting an
12 application, recertification, renewal, or change of address at
13 the voter registration agency.
14 (2) A person who is not registered to vote at the address
15 where he or she resides may apply for registration by submitting
16 a completed mail registration application. A person may request
17 a mail registration application from and submit the application
18 to any of the following:
19 (a) The secretary of state.
20 (b) The clerk of the county, city, or township in which the
21 applicant resides.
22 (c) A designated voter registration agency.
23 (3) A person who is not registered to vote at the address
24 where he or she resides may apply for registration by submitting
25 a completed internet registration application that is available
26 at the website created under section 509o.
27 Sec. 509w. (1) The person processing an application that is
1 submitted online or submitted in person at a department of state
2 office, a designated voter registration agency, or the office of
3 a county clerk shall do all of the following:
4 (a) Validate the application in the manner prescribed by the
5 secretary of state.
6 (b) Issue a receipt to the applicant verifying the acceptance
7 of the application. If the application was submitted online, the
8 receipt shall be mailed to the applicant verifying the acceptance
9 of the application.
10 (2) Except as otherwise provided in subsection (3), the
11 department of state office, the designated voter registration
12 agency, or the county clerk shall transmit the application not
13 later than 7 days after receipt of the application to the clerk
14 of the county, city, or township where the applicant resides.
15 (3) If an application under subsection (1) is made within 7
16 days before the close of registration for a federal election, the
17 department of state office, the designated voter registration
18 agency, or the county clerk shall transmit the application not
19 later than 1 business day to the clerk of the county, city, or
20 township where the applicant resides.
21 (4) If a completed application is transmitted by the
22 secretary of state or a designated voter registration agency to a
23 county clerk, the secretary of state, to the extent funds are
24 appropriated, shall compensate the county clerk for the cost of
25 forwarding the application to the proper city or township clerk
26 of the applicant's residence from funds appropriated to the
27 secretary of state for that purpose.
1 Sec. 509y. If a voter who has applied to register to vote as
2 provided in this chapter on or before the close of registration
3 appears at a polling place on election day and is not listed in
4 the registration records or precinct voting list, the inspectors
5 of election shall allow the person to vote if 1 of the following
6 requirements is met:
7 (a) The voter presents a receipt issued by a department of
8 state office, a designated voter registration agency, or the
9 office of the voter's county clerk verifying the acceptance of an
10 application, the voter completes a new application, and the voter
11 otherwise meets the qualifications to vote in that city or
12 township.
13 (b) The voter is unable to present a receipt issued under
14 this chapter verifying the acceptance of an application, the
15 voter otherwise meets the qualifications to vote in that city or
16 township, and, at the polling place or at a place as designated
17 by the clerk within that jurisdiction, the voter does all of the
18 following:
19 (i) Signs an affidavit affirming that the person submitted an
20 application to a department of state office, a designated voter
21 registration agency, or
the office of his or her county clerk; ,
22 or mailed an application; or submitted an application
online as
23 provided in this act, on
or before the close of registration. A
24 person An individual who provides information in a
signed
25 affidavit under this subparagraph that is false is guilty of
26 perjury.
27 (ii) Completes a new application.
1 (iii) Provides proof of picture
identification sufficient
2 to satisfy the clerk
as to the verify the voter's identity and
3 residence. of
the voter.