September 14, 2016, Introduced by Reps. Hoadley and Faris and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
(MCL 168.1 to 168.992) by adding section 525.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 525. (1) Notwithstanding any provision of law to the
contrary, if an individual is a victim of domestic violence, sexual
assault, or stalking, that individual may apply to the department
of state to have the department of state designate an address to
serve as the individual's address for voter registration purposes.
The department of state shall approve an individual's application
filed in the manner and on a form prescribed by the secretary of
state if the application contains all of the following:
(a) A sworn statement by the individual that the individual is
a victim of domestic violence, sexual assault, or stalking and the
individual fears for his or her safety.
(b) A copy of a valid personal protection order issued on
behalf of the individual.
(c) A designation of the department of state as the
individual's agent for receiving mail for voting purposes.
(d) The mailing address and telephone number where the
individual may be contacted by the department of state.
(e) The new address that the applicant requests not be
disclosed because disclosure may increase the risk of domestic
violence, sexual assault, or stalking.
(f) The signature of the individual.
(g) The date the individual signs the application.
(2) Except as otherwise provided in this subsection, if an
individual's application is approved under subsection (1), the name
and address and any other identifying information contained in the
qualified voter file relating to that individual is confidential
and exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246. The department of state shall
not disclose the name, address, or any other identifying
information contained in the qualified voter file relating to an
individual whose application is approved under subsection (1)
except as follows:
(a) If requested by a law enforcement agency, to the law
enforcement agency.
(b) If directed by a court order, to a person identified in
the court order.
(3) Beginning on the effective date of the amendatory act that
added this section, the department of state shall create a separate
confidential voter registration file for individuals described in
subsection (1).
(4) Not later than 45 days before each election held in a city
or township, the department of state shall notify the clerk of each
city or township where an individual listed in the confidential
voter registration file resides and the clerk of that city or
township shall forward an election ballot to each individual
residing in that city or township listed in the confidential voter
registration file. The clerk shall enclose with the ballot a return
envelope properly addressed to the department of state at a post
office box as provided by the department of state. The ballot shall
be processed and tallied in the same manner that an absent voter
ballot is processed and tallied under this act.
(5) Except as otherwise provided in this subsection, an
individual shall remain in the confidential voter registration file
for 2 years from the date the individual's application is approved.
An individual may submit a request in writing to the department of
state to be removed from the confidential voter registration file
before the end of the 2-year period.
(6) An individual may renew his or her application to be
listed in the confidential voter registration file for 2 years by
applying in the same manner as for an original application under
subsection (1).
(7) An action against a governmental entity or an officer or
employee of a governmental entity for disclosing confidential
information as described in this section shall not be maintained
except in the event of an act or omission that is willful or gross
negligence.
(8) As used in this section:
(a) "Domestic violence" means that term as defined in section
1 of 1978 PA 389, MCL 400.1501.
(b) "Foreign protection order" means that term as defined in
section 2950h of the revised judicature act of 1961, 1961 PA 236,
MCL 600.2950h.
(c) "Personal protection order" means a personal protection
order issued under section 2950 or 2950a of the revised judicature
act of 1961, 1961 PA 236, MCL 600.2950 and 600.2950a, and includes
a valid foreign protection order.
(d) "Sexual assault" means an act, attempted act, or
conspiracy to engage in an act of criminal conduct as defined in
section 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931 PA 328, MCL 750.520b, 750.520c, 750.520d, 750.520e, and
750.520g, or an offense under a law of the United States, another
state, or a foreign country or tribal or military law that is
substantially similar to an offense listed in this subdivision.
(e) "Stalking" means that term as defined in section 411h or
411i of the Michigan penal code, 1931 PA 328, MCL 750.411h and
750.411i.
(f) "Valid foreign protection order" means a foreign
protection order that satisfies the conditions for validity
provided in section 2950i of the revised judicature act of 1961,
1961 PA 236, MCL 600.2950i.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.