HB-5669, As Passed House, March 15, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5669
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 497c, 523, 523a, 761, and 813 (MCL 168.2,
168.497c, 168.523, 168.523a, 168.761, and 168.813), section 2 as
amended by 2003 PA 302, section 497c as added and sections 523,
761, and 813 as amended by 2012 PA 523, and section 523a as added
by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Absent voter" is defined in section 758.
3 (b) "Ballot container" is defined in section 14a.
4 (c) "Business day" or "secular day" means a day that is not a
5 Saturday, Sunday, or legal holiday.
6 (d) "Clearly observable boundaries" is defined in section
House Bill No. 5669 as amended March 15, 2018
1 654a.
2 (e) "Election" means an election or primary election at which
3 the electors of this state or of a subdivision of this state choose
4 or nominate by ballot an individual for public office or decide a
5 ballot question lawfully submitted to them.
6 (f) "Election precinct" is defined in section 654.
7 (g) "Fall" state and county conventions and "spring" state and
8 county conventions are assigned meanings in section 596.
9 (h) "General election" or "general November election" means
10 the election held on the November regular election date in an even
11 numbered year.
12 (i) "Identification for election purposes" means, if issued to
13 the individual presenting the card or document and if presented for
14 voting purposes the name on the card or document sufficiently
15 matches the individual's name in his or her voter registration
16 record so as to accurately identify the individual as the
17 registered elector, or if issued to the individual presenting the
18 card or document and if presented for voter registration purposes,
19 any of the following:
20 (i) An operator's or chauffeur's license issued under the
21 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923[, or an
enhanced driver license issued under the enhanced driver license and
enhanced official state personal identification card act, 2008 PA 23,
MCL 28.301 to 28.308.]
22 (ii) An official state personal identification card issued
23 under 1972 PA 222, MCL 28.291 to 28.300[, or an enhanced official
state personal identification card issued under the enhanced driver
license and enhanced official state personal identification card act,
2008 PA 23, MCL 28.301 to 28.308.]
24 (iii) A current operator's or chauffeur's license issued by
25 another state.
26 (iv) A current state personal identification card issued by
27 another state.
1 (v) A current state government issued photo identification
2 card.
3 (vi) A current United States passport or federal government
4 issued photo identification card.
5 (vii) A current military photo identification card.
6 (viii) A current tribal photo identification card.
7 (ix) A current student photo identification card issued by a
8 high school in this state, an institution of higher education in
9 this state described in section 4, 5, or 6 of article VIII of the
10 state constitution of 1963, a junior college or community college
11 established under section 7 of article VIII of the state
12 constitution of 1963, or another accredited degree or certificate
13 granting college or university, junior college, or community
14 college located in this state.
15 (j) (i) "Immediate
family" means an individual's father,
16 mother, son, daughter, brother, sister, and spouse and a relative
17 of any degree residing in the same household as that individual.
18 Sec. 497c. (1) Beginning on the effective date of the
19 amendatory act that added this section, Subject to subsection (2),
20 a person who applies in person to register to vote at a department
21 of state office, a designated voter registration agency, the office
22 of a county clerk, or the office of the clerk of the city or
23 township in which the applicant resides shall identify himself or
24 herself by presenting an official state identification card issued
25 to that person under 1972 PA 222, MCL 28.291 to 28.300, an
26 operator's or chauffeur's license issued to that person under the
27 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other
1 generally recognized picture identification card.identification for
2 election purposes.
3 (2) If a person who applies in person to register to vote as
4 provided in subsection (1) does not have an official state
5 identification card, an operator's or chauffeur's license, or other
6 generally recognized picture identification card as required under
7 subsection (1), possess
identification for election purposes, the
8 person may sign an affidavit to that effect and be allowed to
9 register to vote. However, the person remains subject to any
10 applicable federal identification requirements under the help
11 America vote act of 2002 until those identification requirements
12 are satisfied.
13 Sec. 523. (1) At Except
as otherwise provided in subsection
14 (2), at each election, before being given a ballot, each registered
15 elector offering to vote shall must identify himself or
herself by
16 presenting an official state identification card issued to that
17 individual under 1972 PA 222, MCL 28.291 to 28.300, an operator's
18 or chauffeur's license issued to that individual under the Michigan
19 vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other generally
20 recognized picture identification card identification for election
21 purposes, and by executing an application, on a form prescribed by
22 the secretary of state, in the presence of an election official
23 which that includes all of the following:
24 (a) The name of the elector.
25 (b) The elector's address of residence.
26 (c) The elector's date of birth.
27 (d) An affirmative statement by the elector that is included
1 in the signature statement indicating that he or she is a citizen
2 of the United States.
3 (e) The elector's signature or mark.
4 (2) If an elector's signature contained in the qualified voter
5 file is available in the polling place, the election official shall
6 compare the signature upon the application with the digitized
7 signature provided by the qualified voter file. If an elector's
8 signature is not contained in the qualified voter file, the
9 election official shall process the application in the same manner
10 as applications are processed when a voter registration list is
11 used in the polling place. If voter registration lists are used in
12 the precinct, the election inspector shall determine if the name on
13 the application to vote appears on the voter registration list. If
14 the name appears on the voter registration list, the elector shall
15 provide further identification or other information stated upon the
16 voter registration list. If the signature or an item of information
17 does not correspond, the vote of the person shall must be
18 challenged, and the same procedure shall must be
followed as
19 provided in this act for the challenging of an elector. If the
20 elector does not have an official state identification card,
21 operator's or chauffeur's license, or other generally recognized
22 picture identification card identification for election purposes as
23 required under this subsection, section, the individual
shall sign
24 an affidavit to that effect before an election inspector and be
25 allowed to vote as otherwise provided in this act. However, an
26 elector being allowed to vote without the identification for
27 election purposes as required
under this subsection section
is
1 subject to challenge as provided in section 727.
2 (3) If, upon a comparison of the signature or other
3 identification as required in this section, it is found that the
4 applicant is entitled to vote, the election officer having charge
5 of the registration list shall approve the application and write
6 his or her initials on the application, after which the number on
7 the ballot issued shall must
be noted on the application. The
8 application shall serve serves
as 1 of the 2 poll lists required to
9 be kept as a record of a person who has voted. The application
10 shall must be filed with the township, city, or village clerk.
If
11 voter registration cards are used in the precinct, the date of the
12 election shall must
be noted by 1 of the election officials
upon
13 the precinct registration card of each elector voting at an
14 election. If voter registration lists are used in the precinct, the
15 election official shall clearly indicate upon the list each elector
16 voting at that election. The clerk of a city, village, or township
17 shall maintain a record of voting participation for each registered
18 elector.
19 Sec. 523a. (1) If an individual who has applied to register to
20 vote on or before the close of registration appears at a polling
21 place on election day and completes an application under section
22 523 is not listed on the voter registration list, the election
23 inspector shall issue a ballot to the individual as follows:
24 (a) For an individual who presents a receipt issued by a
25 department of state office, a designated voter registration agency,
26 or the elector's county, city, or township clerk's office verifying
27 the acceptance of a voter registration application before the close
1 of registration and completes a new voter registration application,
2 the election inspector shall allow the individual to vote a ballot
3 in the same manner as an elector whose name is listed on the voter
4 registration list.
5 (b) For an individual who does not present a receipt verifying
6 the acceptance of a voter registration application under
7 subdivision (a), the election inspector shall determine whether the
8 individual is in the appropriate polling place based on residence
9 information provided by the individual. The election inspector
10 shall review any documents or maps in the polling place or
11 communicate with the city or township clerk to verify the
12 appropriate polling place for the individual. The election
13 inspector shall direct an individual who is not in the appropriate
14 polling place to the appropriate polling place. If the individual
15 refuses to go to the appropriate polling place, the election
16 inspector shall issue the individual a provisional ballot that
17 shall be is processed according to subsection (5).
18 (2) Except for an individual who produces a receipt under
19 subsection (1)(a), the election inspector shall require an
20 individual who is not listed on the voter registration list to
21 execute a sworn statement affirming that the individual submitted a
22 voter registration application before the close of registration and
23 is eligible to vote in the election. An individual who provides
24 false information in a signed sworn statement under this subsection
25 is guilty of perjury. An individual signing a sworn statement shall
26 complete a new voter registration application. The individual shall
27 state the approximate date and in what manner the registration
1 application was submitted:
2 (a) To a department of state office.
3 (b) To a designated voter registration agency.
4 (c) To the office of his or her county, city, or township
5 clerk.
6 (d) By a mailed application.
7 (3) The election inspector shall contact the city or township
8 clerk to verify whether the individual who signed the sworn
9 statement under subsection (2) is listed in the registration
10 records of the jurisdiction or whether there is any information
11 contrary to the content of the sworn statement.
12 (4) If the city or township clerk verifies the elector
13 information and finds no information contrary to the information
14 provided by the individual in the sworn statement and the
15 individual presents a Michigan operator's or chauffeur's license,
16 department of state issued personal identification card, other
17 government issued photo identification card, or a photo
18 identification card issued by an institution of higher education in
19 this state described in section 6 of article VIII of the state
20 constitution of 1963 or a junior college or community college
21 established under section 7 of article VIII of the state
22 constitution of 1963 identification
for election purposes that
23 contains a current residence address to establish his or her
24 identity and residence address, the individual shall be is
25 permitted to vote a provisional ballot on election day. Before the
26 provisional ballot is tabulated on election day, that is tabulated
27 on election day in the same manner as an elector whose name is
1 listed on the voter registration list, except that the election
2 inspectors shall process the ballot as a challenged ballot under
3 sections 745 and 746.
4 (5) If the election inspector is not able to contact the city
5 or township clerk, the individual is not in the correct precinct,
6 or the individual presents
identification other than a Michigan
7 operator's or chauffeur's license, department of state issued
8 personal identification card, other government issued photo
9 identification card, or a photo identification card issued by an
10 institution of higher education in this state described in section
11 6 of article VIII of the state constitution of 1963 or a junior
12 college or community college established under section 7 of article
13 VIII of the state constitution of 1963 is unable to present
14 identification for election purposes that contains a current
15 residence address, or the individual is unable to present any
16 identification, the
individual shall must be issued a provisional
17 ballot that is not tabulated on election day but is secured for
18 verification after the election. A provisional ballot shall must
19 also be issued under this subsection to a voter who presents a
20 Michigan operator's license, chauffeur's license, department of
21 state personal identification card, other government issued photo
22 identification card, or a photo identification card issued by an
23 institution of higher education in this state described in section
24 6 of article VIII of the state constitution of 1963 or a junior
25 college or community college established under section 7 of article
26 VIII of the state constitution of 1963 identification for election
27 purposes that does not bear the voter's current residence address,
1 if the voter also presents a document to establish the voter's
2 current residence address. The election inspector shall accept a
3 document containing the name and current residence address of the
4 voter as sufficient documentation to issue a provisional ballot if
5 it is 1 of the following documents:
6 (a) A current utility bill.
7 (b) A current bank statement.
8 (c) A current paycheck, government check, or other government
9 document.
10 (6) A provisional ballot shall must be
placed in a provisional
11 ballot return envelope prescribed by the secretary of state and
12 delivered to the city or township clerk after the polls close in a
13 manner as prescribed by the secretary of state.
14 (7) For a provisional ballot voted under subsection (4), the
15 election inspector shall provide the voter with a notice that his
16 or her ballot has been tabulated. For a provisional ballot voted
17 under subsection (5), the election inspector shall provide the
18 voter with a notice that the voter's information will be verified
19 by the clerk of the jurisdiction within 6 days after the election
20 to determine whether the ballot will be tabulated and, if the
21 ballot is not tabulated, to determine the reason it was not
22 tabulated. A clerk of a jurisdiction shall provide a free access
23 system for the voter to determine whether the ballot was tabulated.
24 The free access system may include a telephone number that does not
25 require a toll charge, a toll-free telephone number, an internet
26 website, or a mailed notice.
27 (8) As used in this section and sections 813 and 829,
1 "provisional ballot" means a special ballot utilized for an
2 individual who is not listed on the voter registration list at the
3 polling place that is tabulated only after verification of the
4 individual's eligibility to vote.
5 Sec. 761. (1) If the clerk of a city, township, or village
6 receives an application for an absent voter ballot from a person
7 registered to vote in that city, township, or village and if the
8 signature on the application agrees with the signature for the
9 person contained in the qualified voter file or on the registration
10 card as required in subsection (2), the clerk immediately upon
11 receipt of the application or, if the application is received
12 before the printing of the absent voter ballots, as soon as the
13 ballots are received by the clerk, shall forward by mail, postage
14 prepaid, or shall deliver personally 1 of the ballots or set of
15 ballots if there is more than 1 kind of ballot to be voted to the
16 applicant. Subject to the identification requirement in subsection
17 (6), absent voter ballots may be delivered to an applicant in
18 person at the office of the clerk.
19 (2) The qualified voter file shall must be
used to determine
20 the genuineness of a signature on an application for an absent
21 voter ballot. Signature comparisons shall must be
made with the
22 digitized signature in the qualified voter file. If the qualified
23 voter file does not contain a digitized signature of an elector, or
24 is not accessible to the clerk, the city or township clerk shall
25 compare the signature appearing on the application for an absent
26 voter ballot to the signature contained on the master card.
27 (3) Notwithstanding section 759, providing that no absent
1 voter applications shall be received by the clerk after 2 p.m. on
2 the Saturday before the election, and subject to the identification
3 requirement in subsection (6), a person qualified to vote as an
4 absent voter may apply in person at the clerk's office before 4
5 p.m. on a day before the election except Sunday or a legal holiday
6 to vote as an absent voter. The applicant shall receive his or her
7 absent voter ballot and vote the ballot in the clerk's office. All
8 other absent voter ballots, except ballots delivered pursuant to an
9 emergency absent voter ballot application under section 759b, shall
10 must be mailed or delivered to the registration address of the
11 applicant unless the application requests delivery to an address
12 outside the city, village, or township or to a hospital or similar
13 institution, in which case the absent voter ballots shall must be
14 mailed or delivered to the address given in the application.
15 However, a clerk may mail or deliver an absent voter ballot, upon
16 request of the absent voter, to a post office box if the post
17 office box is where the absent voter normally receives personal
18 mail and the absent voter does not receive mail at his or her
19 registration address.
20 (4) Absent voter ballots shall must be
issued in the same
21 order in which applications are received by the clerk of a city,
22 township, or village, as nearly as may be, and each ballot issued
23 shall must bear the lowest number of each kind available for
this
24 purpose. However, this provision does not prohibit a clerk from
25 immediately issuing an absent voter ballot to an absent voter who
26 applies in person in the clerk's office for absent voter ballots.
27 The clerk shall enclose with the ballot or ballots a return
1 envelope properly addressed to the clerk and bearing upon the back
2 of the envelope a printed statement in substantially the following
3 form:
|
4 |
TO BE COMPLETED |
|
5 |
BY THE CLERK |
|
6 |
______________________________ ____________________________ |
|
7 |
Name of Voter Street Address or R.R. |
|
8 |
______________________________ ____________________________ |
|
9 |
City, Township or Village County |
|
10 |
Ward ________ Precinct _______ Date of Election _____________ |
|
11 |
================================================================= |
|
12 |
TO BE COMPLETED BY THE ABSENT VOTER |
13 I assert that I am a United States citizen and a qualified and
14 registered elector of the city, township, or village named above. I
15 am voting as an absent voter in conformity with state election law.
16 Unless otherwise indicated below, I personally marked the ballot
17 enclosed in this envelope without exhibiting it to any other
18 person.
19 I further assert that this absent voter ballot is being
20 returned to the clerk or an assistant of the clerk by me
21 personally; by public postal service, express mail service, parcel
22 post service, or other common carrier; by a member of my immediate
23 family; or by a person residing in my household.
|
24 |
DATE: ______________ SIGN HERE: X_________________________ |
|
25 |
Signature of Absent Voter |
|
26 |
The above form must be signed or your vote will not be counted. |
|
27 |
AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY |
|
28 |
OF A MISDEMEANOR. |
|
29 |
================================================================= |
|
30 |
TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING |
|
31 |
BY ANOTHER PERSON |
1 I assisted the above named absent voter who is disabled or
2 otherwise unable to mark the ballot in marking his or her absent
3 voter ballot pursuant to his or her directions. The absent voter
4 ballot was inserted in the return envelope without being exhibited
5 to any other person.
|
6 |
_______________________ __________________ ___________________ |
|
7 |
Signature of Person Street Address City, Twp., or |
|
8 |
Assisting Voter or R.R. Village |
|
9 |
_________________________________________________________________ |
|
10 |
Printed Name of Person Assisting Voter |
|
11 |
A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A |
|
12 |
FALSE STATEMENT IS GUILTY OF A FELONY. |
|
13 |
================================================================= |
|
14 |
WARNING |
15 PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER
16 BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A
17 PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR
18 RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY
19 THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO
20 HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC
21 POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR
22 COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER
23 EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER
24 AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR
25 SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT VOTER
26 BALLOT IS GUILTY OF A FELONY.
27 (5) An absent voter who knowingly makes a false statement on
1 the absent voter ballot return envelope is guilty of a misdemeanor.
2 A person who assists an absent voter and who knowingly makes a
3 false statement on the absent voter ballot return envelope is
4 guilty of a felony.
5 (6) If an elector obtains his or her absent voter ballot in
6 person from the clerk of the city, township, or village in which he
7 or she is registered, the clerk of the city, township, or village
8 shall not provide an absent voter ballot to that elector until the
9 elector identifies himself or herself to the clerk by presenting an
10 official state identification card issued to that elector under
11 1972 PA 222, MCL 28.291 to 28.300, an operator's or chauffeur's
12 license issued to that elector under the Michigan vehicle code,
13 1949 PA 300, MCL 257.1 to 257.923, or other generally recognized
14 picture identification card. identification for election purposes.
15 If an elector does not have an official state identification card,
16 operator's or chauffeur's license, or other generally recognized
17 picture identification card, identification for election purposes,
18 the elector may sign an affidavit to that effect before the clerk
19 of the city, township, or village and be allowed to obtain his or
20 her absent voter ballot in person from the clerk. The clerk of the
21 city, village, or township shall indicate to each elector who is
22 registered in that city, village, or township and who obtains his
23 or her absent voter ballot in person from the clerk that the
24 elector may sign an affidavit indicating that the elector does not
25 have an official state identification card, operator's or
26 chauffeur's license, or other generally recognized picture
27 identification card identification
for election purposes in order
1 to obtain his or her absent voter ballot in person from the clerk.
2 However, if an elector obtains his or her absent voter ballot in
3 person from the clerk and votes by absent voter ballot without
4 providing the identification for election purposes required
under
5 this subsection, the absent voter ballot of that elector shall must
6 be prepared as a challenged ballot as provided in section 727 and
7 shall must be counted as any other ballot is counted unless
8 determined otherwise by a court of law under section 747 or 748 or
9 any other applicable law.
10 Sec. 813. (1) Within 6 days after an election, for each
11 provisional ballot that was placed in a provisional ballot return
12 envelope, the city or township clerk shall determine whether the
13 individual voting the provisional ballot was eligible to vote a
14 ballot and whether to tabulate the provisional ballot. In making
15 this determination, the city or township clerk shall not open the
16 provisional ballot return envelope. A provisional ballot shall must
17 only be tabulated if a valid voter registration record for the
18 elector is located or if the identity and residence of the elector
19 is established using a Michigan operator's license, chauffeur's
20 license, personal identification card, other government issued
21 photo identification card, or a photo identification card issued by
22 an institution of higher education in this state described in
23 section 6 of article VIII of the state constitution of 1963 or a
24 junior college or community college established under section 7 of
25 article VIII of the state constitution of 1963 identification for
26 election purposes, along with a current utility bill, bank
27 statement, paycheck, government check, or other government document
1 to establish the voter's current residence address as provided in
2 section 523a(5). if
the identification for election purposes used
3 by the elector does not contain the voter's current residence
4 address. Before the provisional ballot is tabulated, election
5 officials shall process the ballot as a challenged ballot under
6 sections 745 and 746.
7 (2) Within 7 days after an election, but sooner if
8 practicable, the city or township clerk shall transmit the results
9 of provisional ballots tabulated after the election to the board of
10 county canvassers. The results shall must be
transmitted in a form
11 prescribed by the secretary of state.
12 (3) Within 7 days after an election, the city or township
13 clerk shall transmit to the county clerk a provisional ballot
14 report for each precinct in the jurisdiction. The report shall must
15 include for each precinct the number of provisional ballots issued,
16 the number of provisional ballots tabulated on election day, the
17 number of provisional ballots forwarded to the clerk to be
18 determined after the election, the number of provisional ballots
19 tabulated by the clerk after election day, and any additional
20 information concerning provisional ballots as required by the
21 secretary of state.
22 (4) Within 7 days after an election, the city or township
23 clerk shall transmit to the county clerk an affidavit report that
24 includes the number of affidavits signed by voters under section
25 523(2). The affidavit report shall must be
transmitted to the
26 county clerk in a form prescribed by the secretary of state.
27 Enacting section 1. This amendatory act takes effect 90 days
1 after the date it is enacted into law.