SB-0624, As Passed Senate, August 30, 2007
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 624
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 613a, 614a, 615a, 616a, 624g, 641, and 759a
(MCL 168.613a, 168.614a, 168.615a, 168.616a, 168.624g, 168.641, and
168.759a), section 613a as amended by 2003 PA 13, sections 614a and
615a as amended by 1999 PA 72, section 616a as added by 1988 PA
275, section 624g as amended by 1990 PA 7, section 641 as amended
by 2005 PA 71, and section 759a as amended by 2006 PA 605, and by
adding sections 19, 615c, and 759c; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 19. As used in this act:
(a) "Participating political party" means a political party
authorized to participate in a presidential primary under section
613a.
(b) "Presidential election year" means a calendar year in
which the number of the year is a multiple of 4.
(c) "Presidential primary" means a statewide primary election
held for participating political parties in each presidential
election year under section 613a.
Sec.
613a. (1) Except in 2004 when no statewide presidential
primary
shall be conducted as
otherwise provided in subsection (2),
a
statewide presidential primary election shall be conducted under
this act on January 15, 2008, and on the fourth Tuesday in February
in each following presidential election year.
(2) Not later than 4 p.m. on November 14, 2007, the
chairperson of each participating political party shall notify the
secretary of state if his or her political party will be using a
method other than the results of the January 15, 2008 presidential
primary to select delegates to his or her respective national
convention to nominate a candidate for president of the United
States in 2008. At 4 p.m. on November 15, 2007, the secretary of
state shall determine, based upon the information provided by the
participating political parties under this subsection, whether the
participating political parties in this state will be using a
method other than the results of the January 15, 2008 presidential
primary to select delegates to their respective national
conventions to nominate a candidate for president of the United
States in 2008. If the secretary of state determines that all
participating political parties are using a method other than the
results of the January 15, 2008 presidential primary, the secretary
of state shall cancel the presidential primary that would otherwise
be held on January 15, 2008, and any ballots for that presidential
primary shall be destroyed. Upon request of the secretary of state,
the chairpersons of the participating political parties shall
provide the secretary of state with the information necessary for
the secretary of state to make the determination required by this
subsection.
(3) (2)
A political party that received 5%
or less than 20% of
the
total vote cast nationwide in
this state for the office of
president in the last presidential election shall not participate
in
the presidential primary. election.
(4) (3)
Except as otherwise provided in this section and
sections
614a , 615a, to
616a, 624g, 641, 759a, 759c, and 879a, the
statewide
presidential primary election shall
be conducted under
the
provisions of this act that govern the conduct of general
primary
elections a primary election
other than a presidential
primary.
(5) Nothing in this section or sections 614a to 616a shall be
interpreted to diminish or impair the state and federal
constitutional rights of a participating political party or give
this state, its political subdivisions and agencies, or its courts
jurisdiction or authority over the application or interpretation by
a participating political party of the party's state or national
rules, regulations, policies, and procedures. Each participating
political party shall be the sole and exclusive arbiter of the
application and interpretation of its state and national rules,
regulations, policies, and procedures.
Sec.
614a. (1) Not later than 4 p.m. of the second Friday in
November
of the year before the presidential election, the
secretary
of state shall issue a list of the individuals generally
advocated
by the national news media to be potential presidential
candidates
for each party's nomination by the political parties for
which
a presidential primary election will be held under section
613a.
(1) (2)
Not later than 4 p.m. of the Tuesday following the
second
Friday in November of the year before the presidential
election
on the eighteenth Tuesday
before the presidential primary,
the
state chairperson of each participating
political party for
which
a presidential primary election will be held under section
613a
shall file with the secretary of
state a list of individuals
whom they consider to be potential presidential candidates for
nomination by that participating political party in the next
presidential election year. The secretary of state shall make the
lists received under this subsection available to the public on an
internet website maintained by the department of state. In
compiling the list of individuals to be filed with the secretary of
state under this subsection, the chairperson of each participating
political party shall consider all of the following:
(a) References to an individual as a candidate for nomination
by the participating political party for the office of president of
the United States in state and national news media, including, but
not limited to, the internet.
(b) Presidential campaign activity by the individual or his or
her campaign organization in this state and nationally.
(c) Support for the individual as a candidate for president of
the United States by the general public and by members of the
participating political party in this state and nationally.
(2) (3)
After the issuance of the list under subsection (1)
and
after receipt of names the list of candidates from the state
chairperson of each participating political party under subsection
(2)
(1), the secretary of state shall notify each potential
presidential candidate on the lists of the provisions of this act
relating
to the presidential primary. election.
Sec. 615a. (1) The secretary of state shall prescribe the form
of the official presidential primary ballot for each participating
political party. Except as otherwise provided in this section, the
secretary of state shall cause the name of a presidential candidate
notified by the secretary of state under section 614a to be printed
on
the appropriate presidential primary ballot under the
appropriate
for that participating political party. heading. A
presidential candidate notified by the secretary of state under
section 614a may file an affidavit with the secretary of state
indicating his or her political party preference if different than
the participating political party preference contained in the
notification
from the secretary of state notification
and the
secretary of state shall cause that presidential candidate's name
to
be printed under on the appropriate party heading on the
presidential primary ballot for that participating political party.
If the affidavit of a presidential candidate indicates that the
candidate has no political party preference or indicates a
political party preference for a political party other than a
participating political party, the secretary of state shall not
cause that presidential candidate's name to be printed on a ballot
for the presidential primary. A presidential candidate notified by
the secretary of state under section 614a may file an affidavit
with the secretary of state indicating that he or she does not wish
to
have his or her name printed on the a presidential primary
ballot
and the secretary of state shall not have cause that
presidential
candidate's name to be printed on the presidential
primary
a ballot
for the presidential primary. A
presidential
candidate shall file an affidavit described in this subsection with
the
secretary of state no later than 4 p.m. on the second Friday in
December
of the year before the presidential election year
fourteenth Tuesday before the presidential primary or the affidavit
is
considered void.
(2) The name of an individual who is not listed as a potential
presidential candidate for a participating political party under
section 614a shall be printed on the ballot for the appropriate
participating
political party for the presidential
primary under
the
appropriate political party heading if
he or she files a
nominating petition with the secretary of state no later than 4
p.m.
on the second Friday in December of the year before the
presidential
election year twelfth Tuesday
before the presidential
primary. The nominating petition shall contain valid signatures of
registered and qualified electors equal to not less than 1/2 of 1%
of the total votes cast in the state at the previous presidential
election for the presidential candidate of the participating
political
party for which the individual is seeking this the
nomination. However, the total number of signatures required on a
nominating petition under this subsection shall not exceed 1,000
times the total number of congressional districts in this state. A
signature on a nominating petition is not valid if obtained before
October
1 August 15 of the year before the presidential election
year in which the individual seeks nomination. To be valid, a
nominating petition must conform to the requirements of this act
regarding nominating petitions, but only to the extent that those
requirements do not conflict with the requirements of this
subsection.
(3)
The names of the presidential candidates under on each
participating
political party heading ballot shall
be rotated on
the
ballot by precinct. The Each ballot shall contain a
space for
an elector to vote uncommitted.
(4) Ballots for each participating political party shall be
printed on paper of the same color.
Sec. 615c. (1) In order to vote at a presidential primary, an
elector shall indicate in writing, on a form prescribed by the
secretary of state, which participating political party ballot he
or she wishes to vote when appearing to vote at a presidential
primary. In fulfilling the requirements of this subsection, the
secretary of state shall prescribe procedures intended to protect
or safeguard the confidentiality of the participating political
party ballot selected by an elector consistent with this section.
(2) An elector shall not be challenged at a presidential
primary based upon the participating political party ballot
selected by the elector. An elector may be challenged only to the
extent authorized under section 727.
(3) The secretary of state shall develop a procedure for city
and township clerks to use when keeping a separate record at a
presidential primary that contains the printed name, address, and
qualified voter file number of each elector and the participating
political party ballot selected by that elector at the presidential
primary.
(4) Except as otherwise provided in this section, the
information acquired or in the possession of a public body
indicating which participating political party ballot an elector
selected at a presidential primary is confidential, exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246, and shall not be disclosed to any person for any
reason.
(5) To ensure compliance with the state and national political
party rules of each participating political party and this section,
the records described in subsection (3) shall be provided to the
chairperson of each participating political party as set forth in
subsection (6).
(6) Within 71 days after the presidential primary, the
secretary of state shall provide to the chairperson of each
participating political party a file of the records for each
participating political party described under subsection (3). The
secretary of state shall set a schedule for county, city, and
township clerks to submit data or documents required under
subsection (3). The secretary of state and county, city, and
township clerks shall destroy the information indicating which
participating political party ballot each elector selected at the
presidential primary as recorded in subsection (3) immediately
after the expiration of the 22-month federal election records
retention period.
(7) Except as provided in subsection (8), a participating
political party shall not use the information transmitted to the
participating political party under subsection (6) indicating which
participating political party ballot an elector selected at a
presidential primary for any purpose, including a commercial
purpose, and shall not release the information to any other person,
organization, or vendor.
(8) A participating political party may only use the
information transmitted to the participating political party under
subsection (6) to support political party activities by that
participating political party, including, but not limited to,
support for or opposition to candidates and ballot proposals. A
participating political party may release the information
transmitted to the participating political party under subsection
(6) to another person, organization, or vendor for the purpose of
supporting political party activities by that participating
political party, including, but not limited to, support for or
opposition to candidates or ballot proposals.
(9) When authorized under subsection (8), a participating
political party that releases the information transmitted to the
participating political party under subsection (6) to another
person, organization, or vendor shall enter into a contract with
the person, organization, or vendor and the contract shall do all
of the following:
(a) State the information use restrictions imposed by this
section.
(b) Specify how and when the information will be used.
(c) Prohibit the donation, use, or sale of the information for
any purpose other than a purpose authorized by this section.
(d) Prohibit the retention of the information after authorized
use.
(e) Describe the criminal penalties provided in subsection
(11).
(10) A participating political party shall retain a contract
entered into under subsection (9) for 6 years from the effective
date of the contract or any amendment to the contract.
(11) Any person who uses the information indicating which
participating political party primary ballot an elector selected at
a presidential primary for a purpose not authorized in this section
is guilty of a misdemeanor punishable by a fine of $1,000.00 for
each voter record that is improperly used or imprisonment for not
more than 93 days, or both.
Sec. 616a. (1) The board of state canvassers shall canvass the
returns received from the boards of county canvassers and certify
the statewide and congressional district results of the
presidential
primary election to the secretary of state.
(2) The secretary of state shall certify the statewide and
congressional
district results of the presidential primary election
to the chairperson of the state central committee of each
participating political party.
(3)
Notwithstanding sections 831 and 847 or an administrative
rule
promulgated pursuant to section 794c, after the canvass by the
board
of state canvassers under subsection (1), the secretary of
state
may authorize the immediate release of all ballots, ballot
boxes,
voting machines, and equipment used in each precinct of a
city
that conducts a city election in the first week of April if
both
of the following requirements are met:
(a)
The county clerk certifies that no defect in or mechanical
malfunction
of a voting machine, voting device, ballot, or other
election
equipment or material was discovered or alleged before the
date
of the completion of the state canvass.
(b)
The county clerk certifies that no other election for
offices
or questions appeared on the same election equipment used
in
the precinct for the presidential primary election.
Sec.
624g. (1) The If the
presidential primary is not canceled
by the secretary of state under section 613a(2), the state shall
reimburse each county, city, and township for the cost of
conducting
a presidential primary. election. The reimbursement
shall not exceed the verified account of actual costs of the
election.
(2) Payment shall be made upon presentation and approval of a
verified account of actual costs to the department of treasury,
local
government audit division, after the department of treasury
state treasurer and the secretary of state agree as to what
constitutes
valid costs of conducting an election a presidential
primary. Reimbursable costs do not include salaries of permanent
local officials; the cost of reusable supplies and equipment; or
costs attributable to local special elections held in conjunction
with the presidential primary. The department of treasury and the
department of state shall disapprove costs not in compliance with
this section.
(3)
The state shall also compensate each city and township for
the
processing of voter identification cards required for the sole
purpose
of changing or adding an elector's designation of a
political
party preference or no political party preference.
Compensation
shall not be paid to a city or township for the
processing
of voter identification cards required for original
voter
registration applications or voter registration applications
changing
an elector's address. The secretary of state shall
equitably
distribute funds appropriated to implement this
subsection
upon receipt of an annual verified account of actual
costs
from each city and township stating the number of voter
identification
cards processed as specified by this subsection.
(3) (4)
The legislature shall appropriate from the general
fund
of the this state an amount necessary to implement this
section.
(4) (5)
To qualify for reimbursement, a county, city, or
township shall submit its verified account of actual costs to the
department of treasury no later than 90 days after the date of the
presidential primary.
(5) (6)
Not later than 90 days after the state department of
treasury receives a verified account of actual costs, the
department of treasury, after consultation with the department of
state, shall pay or disapprove the verified account.
Sec. 641. (1) Except as otherwise provided in this section and
sections
642 and 642a, beginning January 1, 2005, an election held
under this act shall be held on 1 of the following regular election
dates:
(a) The February regular election date, which is the fourth
Tuesday in February.
(b) The May regular election date, which is the first Tuesday
after the first Monday in May.
(c) The August regular election date, which is the first
Tuesday after the first Monday in August.
(d) The November regular election date, which is the first
Tuesday after the first Monday in November.
(2) If an elective office is listed by name in section 643,
requiring the election for that office to be held at the general
election, and if candidates for the office are nominated at a
primary election, the primary election shall be held on the August
regular election date.
(3) Except as otherwise provided in this subsection and
subsection (4), a special election shall be held on a regular
election date. A special election called by the governor under
section 145, 178, 632, 633, or 634 to fill a vacancy or called by
the legislature to submit a proposed constitutional amendment as
authorized in section 1 of article XII of the state constitution of
1963 may, but is not required to be, held on a regular election
date.
(4) A school district may call a special election to submit a
ballot question to borrow money, increase a millage, or establish a
bond if an initiative petition is filed with the county clerk. The
petition shall be signed by a number of qualified and registered
electors of the district equal to not less than 10% of the electors
voting in the last gubernatorial election in that district or 3,000
signatures, whichever number is lesser. Section 488 applies to a
petition to call a special election for a school district under
this section. In addition to the requirements set forth in section
488, the proposed date of the special election shall appear beneath
the petition heading, and the petition shall clearly state the
amount of the millage increase or the amount of the loan or bond
sought and the purpose for the millage increase or the purpose for
the loan or bond. The petition shall be filed with the county clerk
by 4 p.m. of the twelfth Tuesday before the proposed date of the
special election. The petition signatures shall be obtained within
60 days before the filing of the petition. Any signatures obtained
more than 60 days before the filing of the petition are not valid.
If the special election called by the school district is not
scheduled to be held on a regular election date as provided in
subsection (1), the special election shall be held on a Tuesday. A
special election called by a school district under this subsection
shall not be held within 30 days before or 35 days after a regular
election date as provided in subsection (1). A school district may
only call 1 special election pursuant to this subsection in each
calendar year.
(5)
The secretary of state shall make a report to the house
and
senate committees that consider election issues by December 1,
2006.
The secretary of state shall report about the special
elections
held under this subsection, including, but not limited
to,
all of the following:
(a)
The number of times a special election has been held.
(b)
Which school districts have held special elections.
(c)
Information about the success rate of the ballot question
submitted
at the special elections.
(d)
Information about voter turnout, including the percentage
and
number of registered voters who voted in each special election.
(5) (6)
The secretary of state shall direct
and supervise the
consolidation of all elections held under this act.
(6) In 2008 only, the February regular election date as
provided in subsection (1) shall instead be January 15, 2008 if a
presidential primary is held under section 613a on January 15,
2008.
(7) This section shall be known and may be cited as the
"Hammerstrom election consolidation law".
Sec. 759a. (1) A member of the armed services or an overseas
voter who is not registered, but possessed the qualifications of an
elector under section 492, may apply for registration by using the
federal postcard application. The department of state, bureau of
elections, is responsible for disseminating information on the
procedures for registering and voting to absent armed services and
overseas voters.
(2) Each of the following persons who is a qualified elector
of a city, village, or township in this state and who is not a
registered voter may apply for an absent voter ballot:
(a) A civilian employee of the armed services outside of the
United States.
(b) A member of the armed services outside of the United
States.
(c) A citizen of the United States temporarily residing
outside the territorial limits of the United States.
(d) A citizen of the United States residing in the District of
Columbia.
(e) A spouse or dependent of a person described in
subdivisions (a) through (d) who is a citizen of the United States
and who is accompanying that person, even though the spouse or
dependent is not a qualified elector of a city, village, or
township of this state, if that spouse or dependent is not a
qualified and registered elector anywhere else in the United
States.
(3) Upon receipt of an application under this section that
complies with this act, a city, village, or township clerk shall
forward to the applicant the absent voter ballots requested, the
forms necessary for registration, and instructions for completing
the forms. If the ballots are not yet available at the time of
receipt of the application, the clerk shall immediately forward to
the applicant the registration forms and instructions, and forward
the ballots as soon as they are available. If the ballots and
registration forms are received before the close of the polls on
election day and if the registration complies with the requirements
of this act, the absent voter ballots shall be delivered to the
proper election board to be voted. If the registration does not
comply with the requirements of this act, the clerk shall retain
the absent voter ballots until the expiration of the time that the
voted ballots must be kept and shall then destroy the ballots
without opening the envelope. The clerk may retain registration
forms completed under this section in a separate file. The address
in this state shown on a registration form is the residence of the
registrant.
(4) The size of a precinct shall not be determined by
registration forms completed under this section.
(5) A member of the armed services or an overseas voter, as
described in subsection (2), who registers to vote by federal
postcard application under subsection (1), and who applies to vote
as an absent voter by federal postcard application is eligible to
vote as an absent voter in any local or state election, including
any school election, occurring in the calendar year in which the
federal postcard application is received by the city, village, or
township clerk, but not in an election for which the application is
received by the clerk after 2 p.m. of the Saturday before the
election. A city or township clerk receiving a federal postcard
application shall transmit to a village clerk and school district
election coordinator, where applicable, the necessary information
to enable the village clerk and school district election
coordinator to forward an absent voter ballot for each applicable
election in that calendar year to the qualified elector submitting
the federal postcard application. A village clerk receiving a
federal postcard application shall transmit to a city or township
clerk, where applicable, the necessary information to enable the
city or township clerk to forward an absent voter ballot for each
applicable election in that calendar year to the qualified elector
submitting the federal postcard application. If the local elections
official rejects a registration or absent voter ballot application
submitted on a federal postcard application by an absent armed
services or overseas voter, the election official shall notify the
armed services or overseas voter of the rejection.
(6) For a presidential primary, the secretary of state shall
do all of the following:
(a) Prescribe procedures for contacting an elector who is a
member of the armed services or an overseas voter, as described in
subsection (2), and who is eligible to receive an absent voter
ballot or who applies for an absent voter ballot for the
presidential primary, offering the elector the opportunity to
select a participating political party ballot for the presidential
primary.
(b) Prescribe procedures to protect or safeguard the
confidentiality of an elector's participating political party
ballot selection ascertained under this section consistent with
section 615c.
(7) (6)
Under the uniformed and overseas
citizens absentee
voting act, 42 USC 1973ff to 1973ff-6, the state director of
elections shall approve a ballot form and registration procedures
for electors in the armed services and electors outside the United
States, including the spouses and dependents accompanying those
electors.
(8) (7)
As used in this section,
"armed services" means any of
the following:
(a) The United States army, navy, air force, marine corps, or
coast guard.
(b) The United States merchant marine.
(c) A reserve component of an armed service listed in
subdivision (a) or (b).
(d) The Michigan national guard as defined in section 105 of
the Michigan military act, 1967 PA 150, MCL 32.505.
Sec. 759c. For a presidential primary, the secretary of state
shall do all of the following:
(a) Revise the absent voter ballot application form described
in section 759 or provide a separate form to require that a
presidential primary elector indicate a participating political
party ballot selection when requesting an absent voter ballot.
(b) Prescribe procedures to protect or safeguard the
confidentiality of an elector's participating political party
ballot selection on an absent voter ballot application consistent
with section 615c.
Enacting section 1. If any portion of this amendatory act or
the application of this amendatory act to any person or
circumstances is found invalid by a court, it is the intent of the
legislature that the provisions of this amendatory act are
nonseverable and that the remainder of the amendatory act shall be
invalid, inoperable, and without effect.
Enacting section 2. Sections 495a, 562b, 613c, 618, 619, and
620a of the Michigan election law, 1954 PA 116, MCL 168.495a,
168.562b, 168.613c, 168.618, 168.619, and 168.620a, are repealed.