SB-0624, As Passed House, 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.