October 28, 2003, Introduced by Reps. Garfield, Nofs, Ruth Johnson, Meyer, Brandenburg, Plakas, Stahl, Acciavatti, Robertson, Palmer and Milosch 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 10, 11, and 492 (MCL 168.10, 168.11, and
168.492), section 492 as amended by 1989 PA 142.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 10. The term "qualified elector", as used in this act,
2 shall be construed to
mean any means a person who
possesses the
3 qualifications of an elector as prescribed in section 1 of
4 article 2 II
of the state constitution of 1963 and who has
5 either resided in the city or township 30 days or, for an
6 election, special election, or primary election on a real
7 property tax issue or a local proposal or local question that
8 affects real property only, who owns, and has paid all assessed
9 ad valorem property taxes on, real property located in the
10 political subdivision to be affected by the result of that
1 election.
2 Sec. 11. (1) "Residence", as used in this act, for
3 registration and voting purposes means that place at which a
4 person habitually sleeps, keeps his or her personal effects, and
5 has a regular place of lodging. If a person has more than 1
6 residence, or if a wife
person has a residence separate from
7 that of the husband his
or her spouse, that place at which the
8 person resides the greater part of the time shall be his or her
9 official residence for the purposes of this act. This section
10 shall not be
construed to does not affect
existing judicial
11 interpretation of the term residence.
12 (2) An elector shall
not be deemed to have gained or lost
13 does not gain or lose a
residence by reason of being while
14 employed in the service of the United States or of this state,
15 while engaged in the
navigation of the waters of this state, or
16 of the United States, or of the high seas, while a student at an
17 institution of learning, while kept at any state facility or
18 hospital at public expense, or while confined in a jail or
19 prison. Honorably discharged members of the armed forces of the
20 United States or of this
state and who reside in the veterans'
21 facility established by this state may acquire a residence where
22 the facility is located. The residence of a person who is a
23 patient receiving treatment at a hospital or other facility
24 pursuant to Act No.
258 of the Public Acts of 1974, as amended,
25 being sections
330.1001 to 330.2106 of the Michigan Compiled
26 Laws under the mental health code, 1974 PA 258, MCL
330.1001 to
27 330.2106, is the village, city, or township where the person
1 resided immediately before admission to the hospital or other
2 facility.
3 (3) A member of the
armed forces of the United States shall
4 is not be deemed a
resident of this state in consequence of
5 due to being stationed in
a military or naval place facility
6 within the this
state.
7 (4) For purposes of registering to vote and voting at an
8 election, special election, or primary election on a real
9 property tax issue or a local proposal or local question that
10 affects real property only, a person is considered a resident of
11 any political subdivision to be affected by the result of that
12 election in which that person owns, and has paid all assessed ad
13 valorem property taxes on, real property.
14 Sec. 492. Every Each
person who has the following
15 qualifications of an elector, or who will have those
16 qualifications at the
next election or primary election, shall
17 be is entitled to be registered register
as an elector in the
18 township, city, or village in which he or she resides. The
19 person shall be a citizen of the United States; not less than 18
20 years of age; a resident of the state for not less than 30 days;
21 and a resident of the township, city, or village on or before the
22 thirtieth day before the next regular or special election or
23 primary election. For purposes of registering to vote and voting
24 at an election, special election, or primary election on a real
25 property tax issue or a local proposal or local question that
26 affects real property only, a person is considered a resident of
27 a political subdivision to be affected by the result of that
1 election in which that person owns, and has paid all assessed ad
2 valorem property taxes on, real property.
3 Enacting section 1. This amendatory act does not take
4 effect unless Senate Joint Resolution ______ or House Joint
5 Resolution P (request no. 02159'03) of the 92nd Legislature
6 becomes a part of the state constitution of 1963 as provided in
7 section 1 of article XII of the state constitution of 1963.