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