February 4, 2003, Introduced by Senators LELAND, BRATER, GOSCHKA, CHERRY, JACOBS, PRUSI, SCHAUER, OLSHOVE, BISHOP and BERNERO and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 758, 759, and 759b (MCL 168.758, 168.759,
and 168.759b), section 758 as amended by 1996 PA 207 and section
759 as amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 758. (1)
For the purposes of As used in this act,
2 "absent voter" means a qualified and registered elector who
3 meets 1 or more of
the following requirements:
4 (a) On account of
physical disability, cannot without
5 another's assistance
attend wishes to vote without
attending the
6 polls on the day of an election.
7 (b) On account of
the tenets of his or her religion, cannot
8 attend the polls on
the day of election.
9 (c) Cannot attend
the polls on the day of an election in the
1 precinct in which he
or she resides because of being an election
2 precinct inspector in
another precinct.
3 (d) Is 60 years of
age or older.
4 (e) Is absent or
expects to be absent from the township or
5 city in which he or
she resides during the entire period the
6 polls are open for
voting on the day of an election.
7 (f) Cannot attend
the polls on election day because of being
8 confined in jail
awaiting arraignment or trial.
9 (2) Subsection (1)
does not apply to Absent voter
does not
10 include a person who has moved outside of this state, regardless
11 of length of his or her residence outside of this state, and who
12 no longer maintains an actual residence in this state. The
13 storage of personal effects or household goods, the ownership of
14 property that is rented or leased to others, or occasional brief
15 visits to a former domicile in this state while residing outside
16 of this state for most of the year does not constitute a
17 residence for voting purposes in this state, except for each of
18 the following:
19 (a) A person described in section 1 of article II of the
20 state constitution of 1963 and statutes enacted under that
21 section.
22 (b) A person described in section 759a.
23 Sec. 759. (1) At any time during the 75 days before a
24 primary election or special primary election, but not later than
25 2 p.m. of the Saturday immediately before the primary election or
26 special primary election, an elector who qualifies to vote as an
27 absent voter , as
defined in section 758, may apply for an
1 absent voter ballot. The elector shall apply in person or by
2 mail with the clerk of the township, city, or village in which
3 the elector is registered. An application received before a
4 primary election or special primary election may be for either
5 that primary election only, or for that primary election and the
6 election that follows.
7 (2) Except as otherwise provided in subsection (1), at any
8 time during the 75 days before an election, but not later than 2
9 p.m. of the Saturday before the election, an elector who
10 qualifies to vote as an
absent voter , as defined in
11 section 758, may apply for an absent voter ballot. The elector
12 shall apply in person or by mail with the clerk of the township,
13 city, or village in which the voter is registered.
14 (3) An application for an absent voter ballot under this
15 section may be made in any of the following ways:
16 (a) By a written
request signed by the voter stating the
17 statutory grounds for
making the application elector.
18 (b) On an absent voter ballot application form provided for
19 that purpose by the clerk of the city, township, or village.
20 (c) On a federal postcard application.
21 (4) An applicant for an absent voter ballot shall sign the
22 application. A clerk or assistant clerk shall not deliver an
23 absent voter ballot to an applicant who does not sign the
24 application. A
person other Other than the applicant; a member
25 of the applicant's immediate family; a person residing in the
26 applicant's household; a person whose job normally includes the
27 handling of mail, but only during the course of his or her
1 employment; a registered elector requested by the applicant to
2 return the application; or a clerk, assistant of the clerk, or
3 other authorized election official, a person shall not be in
4 possession of a signed absent voter ballot application. A
5 registered elector who is requested by the applicant to return
6 his or her absent voter ballot application shall sign the
7 certificate on the absent voter ballot application.
8 (5) The clerk of the city, township, or village shall have
9 absent voter ballot application forms available in the office of
10 the clerk at all times and shall furnish an absent voter ballot
11 application form to anyone upon a verbal or written request. The
12 absent voter ballot application shall be in substantially the
13 following form:
14 "Application for absent voter ballot for:
15 [] The primary election or special primary election to be
16 held on ..... , 19...
_______________ [date].
17 []
The election to be held on ..... , 19... _______________
18 [date].
19 (Check applicable election or elections)
20 I, .......... , a qualified and registered elector of
21 the ..... precinct of the township of .......... or village
22 of .......... or of the .......... ward of the city
23 of .......... , in the county of .......... and state of
24 Michigan, apply for an official ballot, or ballots, to be voted
25 by me at the election or elections as requested in this
26 application.
27 The statutory
grounds on which I base my request are:
1 []
I expect to be absent from the community in which I am
2 registered for the
entire time the polls are open on election
3 day.
4 []
I am physically unable to attend the polls without the
5 assistance of another.
6 []
I cannot attend the polls because of the tenets of my
7 religion.
8 []
I have been appointed an election precinct inspector in a
9 precinct other than
the precinct where I reside.
10 []
I am 60 years of age or older.
11 []
I cannot attend the polls because I am confined to jail
12 awaiting arraignment
or trial.
13 (Check applicable
reason)
14 Send absent voter ballot to me at:
15 .......................................
16 (Street No. or R.R.)
17 ..................................................
18 (Post Office) (State) Zip Code
19 My registered address..........................................
20 (Street No. or R.R.)
21 .................................................
22 (Post Office) (State) Zip Code
23 Date...........................................................
24 I declare certify
that the statements in this absent voter
25 ballot application are true.
26 .................................................
27 (Signature)
28 WARNING
29 A person making a false statement in this absent voter ballot
1 application is guilty of a misdemeanor. It is a violation of
2 Michigan election law for a person other than those listed in the
3 instructions to return, offer to return, agree to return, or
4 solicit to return your absent voter ballot application to the
5 clerk. An assistant authorized by the clerk who receives absent
6 voter ballot applications at a location other than the office of
7 the clerk must have credentials signed by the clerk. Ask to see
8 his or her credentials before entrusting your application with a
9 person claiming to have the clerk's authorization to return your
10 application.
11 Certificate of Authorized Registered
12 Elector Returning Absent Voter
13 Ballot Application
14 I certify that my name is ...................., my address is
15 ...................., and my date of birth is ............; that
16 I am delivering the absent voter ballot application of
17 .................... at his or her request; that I did not
18 solicit or request to return the application; that I have not
19 made any markings on the application; that I have not altered the
20 application in any way; that I have not influenced the applicant;
21 and that I am aware that a false statement in this certificate is
22 a violation of Michigan election law.
23 __________ ______________________________
24 (Date) (Signature)"
25 (6) The following instructions for an applicant for an absent
26 voter ballot shall be included with each application furnished an
27 applicant:
28 INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
1 Step 1. After completely filling out the application, sign
2 and date the application in the place designated. Your signature
3 must appear on the application or you will not receive an absent
4 voter ballot.
5 Step 2. Deliver the application by 1 of the following
6 methods:
7 (a) Place the application in an envelope addressed to the
8 appropriate clerk and place the necessary postage upon the return
9 envelope and deposit it in the United States mail or with another
10 public postal service, express mail service, parcel post service,
11 or common carrier.
12 (b) Deliver the application personally to the office of the
13 clerk, to the clerk, or to an authorized assistant of the clerk.
14 (c) In either (a) or (b), a member of the immediate family of
15 the voter including a father-in-law, mother-in-law,
16 brother-in-law, sister-in-law, son-in-law, daughter-in-law,
17 grandparent, or grandchild or a person residing in the voter's
18 household may mail or deliver the application to the clerk for
19 the applicant.
20 (d) In the event If
an applicant cannot return the
21 application in any of the above methods, the applicant may select
22 any registered elector to return the application. The person
23 returning the application must sign and return the certificate at
24 the bottom of the application.
25 (7) A person who prints and distributes absent voter ballot
26 applications shall print on the application the warning,
27 certificate of authorized registered elector returning absent
1 voter ballot application, and instructions required by this
2 section.
3 (8) A person who makes a false statement in an absent voter
4 ballot application is guilty of a misdemeanor. A person who
5 forges a signature on an absent voter ballot application is
6 guilty of a felony. A person who is not authorized in this act
7 and who both distributes absent voter ballot applications to
8 absent voters and returns those absent voter ballot applications
9 to a clerk or assistant of the clerk is guilty of a misdemeanor.
10 Sec. 759b. (1)
Any A registered elector may apply for an
11 absent voter ballots ballot
at any time prior to before 4
12 p.m. on election day if he
shall have become physically disabled
13 or shall be absent
from the city or township because of sickness
14 or death in the family
which an event has occurred
at a time
15 which has that made it impossible to apply for absent
voter
16 ballots by the statutory deadline. The application shall be
17 called an emergency absent voter ballot application.
18 (2) Emergency absent voter ballot applications may be made by
19 letter or on a form prescribed by the secretary of state and
20 provided by the clerk. The application shall set forth that the
21 voter is qualified to
vote in the election , stating the
22 statutory reason for
applying for an emergency absent voter
23 ballot and that the reason for applying after the
statutory
24 deadline an event occurred at such a time to make it
impossible
25 to file an application
for an absent voter ballots ballot by
26 the statutory deadline. The secretary of state shall prescribe a
27 standard emergency absent voter ballot application form,
1 including the size of the form and the color of paper upon which
2 the form is printed.
3 (3) Any A
person intentionally making a false statement in
4 such an emergency absent voter ballot application
is guilty of
5 a felony. Any A
person aiding or abetting any another person
6 to make a false statement
on such in an emergency absent voter
7 ballot application is guilty of a felony.
8 (4) Upon receipt by the clerk of a valid application for an
9 emergency absent voter ballot, the clerk may deliver the absent
10 voter ballots to the applicant in person, through a deputy or an
11 election assistant, or he
may deliver them at his or her office
12 to a person named by the applicant in the emergency absent voter
13 ballot application. The absent voter may return the absent voter
14 ballots to the clerk in
the sealed envelope provided therefor
15 in any manner. he
sees fit. To However, to be valid, ballots
16 must be returned the absent voter shall return the absent voter
17 ballots to the clerk in the sealed envelope provided for that
18 reason and in time to be
delivered to the polls prior to before
19 8 p.m. on election day.