SPOILING ABSENT VOTER BALLOTS                                                        H.B. 5644 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5644 (Substitute S-1 as reported)

Sponsor:  Representative Tom Barrett

House Committee:  Elections and Ethics

Senate Committee:  Elections and Government Reform

CONTENT

The bill would amend the Michigan Election Law to do the following:

-- Provide procedures for a city clerk to spoil an absent voter ballot if the clerk received a signed written statement from an elector.

-- Require electronic voting systems to use a paper ballot for tabulation purposes.

-- Provide that absent voter ballots could not be tabulated before the opening of the polls on election day.

Under the bill, within a certain time frame before an election, an elector, an elector who had returned an absent voter ballot, an elector who had lost his or her absent voter ballot, or an elector who had not yet received his or her absent voter ballot in the mail, could submit a signed, written statement to his or her city or township clerk requesting that the clerk do both of the following:

-- Spoil the elector's absent voter ballot.

-- Provide or mail a new absent voter ballot to the elector.

Upon receiving the signed, written statement from an elector, the city or township clerk would have to indicate in the qualified voter file that the original ballot was spoiled and, unless the elector lost it or never received it, mark the absent voter ballot return envelope of that elector as "spoiled" and retain the envelope. In addition, the clerk would have to provide, mail, or issue the elector a new absent voter ballot.

MCL 168.765 et al.                                                    Legislative Analyst:  Nathan Leaman

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  4-17-18                                                    Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.