SB-0814, As Passed House, April 12, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 814
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 491, 492, 492a, 495, 497, 498, 500a, 500d,
500i, 501, 502, 503, 505, 506, 507a, 509o, 509p, 509r, 514, 516,
519, 520, and 521 (MCL 168.491, 168.492, 168.492a, 168.495,
168.497, 168.498, 168.500a, 168.500d, 168.500i, 168.501, 168.502,
168.503, 168.505, 168.506, 168.507a, 168.509o, 168.509p, 168.509r,
168.514, 168.516, 168.519, 168.520, and 168.521), sections 491,
497, and 507a as amended by 1989 PA 142, section 492 as amended by
2010 PA 253, sections 495 and 500a as amended by 1995 PA 87,
section 498 as amended by 2005 PA 71, section 501 as amended by
2014 PA 79, section 505 as amended by 2003 PA 302, sections 509o
and 509p as added by 1994 PA 441, section 509r as amended by 2012
PA 270, and section 514 as amended by 2012 PA 271; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
491. The inspectors of election at an election, or
primary
election, or special election in this state , or in a
district,
county, township, city, or village in this state, shall
not
receive the vote of a person an
individual whose name is not
registered
in the registration book or listed on the computer voter
registration
precinct list of the township, ward, or on the voter
registration list generated from the qualified voter file for the
precinct
in which he or she offers to vote unless the person has
met
individual meets the requirements of section 507b.523a.
Sec.
492. Each person individual
who has the following
qualifications
of an elector , or who will have those
qualifications
at the next election or primary election, is
entitled
to register as an elector in the township , or city ,
or
village
in which he or she resides. The person
shall individual
must
be a citizen of the United States; not
less than 18 17-1/2
years
of age; a resident of the this
state; for not less than 30
days;
and a resident of the township , or city. ,
or village on or
before
the thirtieth day before the next regular or special
election
or primary election. For purposes of registering to vote
and
voting at an election or special election for the office of
judge
of a municipal court that exercises jurisdiction over another
city
pursuant to section 9928(3) of the revised judicature act of
1961,
1961 PA 236, MCL 600.9928, a person who resides in the other
city
over which municipal court jurisdiction is exercised is
considered
a resident of the city in which the municipal court is
located.
Sec.
492a. A person An
individual who is confined in a jail ,
and
who is otherwise a qualified elector may, prior
to before trial
or
sentence, may, upon request, register under section
504. to
vote.
The person shall be deemed individual is considered a
resident
of the city , or
township, and address, at
which he or she
resided
next prior to before confinement. A person while An
individual who is confined in a jail after being convicted and
sentenced
shall is not be eligible to register to vote.
Sec.
495. The registration affidavit required under section
493
shall application must contain all of the following:
(a) The name of the elector.
(b) The residence address of the elector, including the street
and number or rural route and box number and the apartment number,
if any.
(c) The city or township and county of residence of the
elector, and the school district of the elector, if known.
(d) (c)
The birthplace and date of birth of
the elector.
(e) (d)
The driver's driver license
or state personal
identification card number of the elector, if available.
(f) (e)
A statement that the elector is a
citizen of the
United States.
(g) (f)
A statement that the elector is at
the time of
completing the affidavit, or will be on the date of the next
election, not less than 18 years of age.
(h) (g)
A statement that the elector has or
will have lived in
this state not less than 30 days before the next election.
(i) (h)
A statement that the elector has or
will have
established
his or her residence in the township
, or city ,
or
village
in which the elector is applying
for registration not less
than 30 days before the next election.
(j) (i)
A statement that the elector is or
will be a qualified
elector of the township, city, or village on the date of the next
election.
(k) (j)
A space in which the elector shall
state the place of
the elector's last registration, if any.
(l) A statement that the registration is not effective until
processed by the clerk of the city or township in which the
applicant resides.
(m) A statement that the applicant, if qualified, may vote at
an election occurring not less than 30 days after the date of
completing the application.
(n) A statement authorizing the cancellation of registration
at the elector's last place of registration.
(o) A space for the elector to sign and certify to the truth
of the statements on the application.
Sec.
497. (1) A person An
individual who is not registered but
possesses
the qualifications of an elector as set forth provided in
section
492 , may
apply for registration to the clerk of the
county,
township, or city , or village in which he or she resides
on a day other than Saturday, Sunday, a legal holiday, or the day
of a regular, primary, school, or special election. Registrations
accepted
between the thirtieth day preceding before an election and
the day of the election, unless the thirtieth day falls on a
Saturday, Sunday, or legal holiday, in which event registration
shall
must be accepted during the following day, are not valid
for
the election but are valid for subsequent regular, primary, school,
or special elections that are held so that not less than 30 days
intervene
between the date the person individual
registered and the
date of the election.
(2)
Except as otherwise provided in sections 499a to 499c,
500a
to 500j, and 504, 500e, an application for registration shall
must not be executed at a place other than the office of the
county,
township, or city , or village clerk or a public place or
places designated by the clerk or deputy registrar for receiving
registrations, but the clerk or deputy registrar may receive an
application wherever he or she may be. If a county, township, or
city ,
or village clerk does not regularly
keep his or her office
open
daily during certain hours, the clerk shall is not
be required
to be at his or her office for the purpose of receiving
applications for registration on a particular day nor during
specific hours of a day, except as provided in section 498.
Registrations taken after the time of closing registrations before
an election need not be processed until the date immediately
following
that election. A registration shall must not be placed in
a precinct registration file until the date immediately following
that
election. If a person an
individual registers at a time that
registrations
are closed for an election, the person shall
individual must be given a notice, signed by the clerk, on a form
developed by the secretary of state, informing him or her that he
or she is not eligible to vote in the election and indicating the
first date on which he or she is eligible to vote. Except as
provided
in sections 500a to 500j, 500e,
the provisions of this
section
relating to registration shall apply.
Sec.
498. (1) The governing body of a township , or city ,
or
village
may provide by resolution that in
that township , or
city ,
or
village the clerk shall be at the
clerk's office, or in some
other convenient place designated by the clerk, during the hours
designated
by the governing body on the thirtieth day preceding
before
an election or primary election in the
township , or
city ,
or
village, unless the thirtieth day
falls on a Saturday, Sunday,
or
legal holiday, in which event registration shall must be
accepted during the same hours on the following day.
(2)
In a township , or
city , or village in which the clerk
does not maintain regular daily office hours, the township board or
the
legislative body of the city or village may require that the
clerk
of the township , or
city , or village shall be at the
clerk's office or other designated place for the purpose of
receiving
applications for registration on the days which that the
board or legislative body designates, but not more than 5 days
before the last day for registration.
(3)
The clerk of each township , or
city , and village shall
give public notice of the days and hours that the clerk will be at
the clerk's office or other designated place for the purpose of
receiving registrations before an election or primary election by
publication
of the notice , except as provided in subsection (4)
and
section 497(2), in a newspaper
published or of general
circulation
in the township , or
city , or village and, if
considered
advisable by the township , or
city , or village clerk,
by posting written or printed notices in at least 2 of the most
conspicuous
places in each election precinct. Except as provided in
subsection
(4), the The publication or posting shall must be
made
not less than 7 days before the last day for receiving
registrations.
The notice of registration shall must include the
offices to be filled that will appear on the ballot. If the notice
of registration is for an election that includes a ballot proposal,
a caption or brief description of the ballot proposal along with
the location where an elector can obtain the full text of the
ballot
proposal shall must be stated in the notice.
(4)
Notice of registration for a school millage election that
will
be held pursuant to section 36 of the general property tax
act,
1893 PA 206, MCL 211.36, shall be required to be published
once
and shall be made not less than 5 days before the last day for
receiving
registrations as provided in section 497a.
(4) (5)
A county clerk may enter into an
agreement with the
clerk of 1 or more townships or cities in the county or the clerks
of 1 or more cities or townships in a county may enter into an
agreement to jointly publish the notice required in subsection (3).
The
notice shall must be published in a newspaper of general
circulation in the cities and townships listed in the notice.
Sec. 500a. (1) The secretary of state or the secretary of
state's
agent shall afford a person an
individual who appears in a
department
of state branch office or a person an individual who
applies for renewal of an operator's or chauffeur's license under
section
307 of the Michigan vehicle code, Act No. 300 of the Public
Acts
of 1949, being section 257.307 of the Michigan Compiled Laws,
1949 PA 300, MCL 257.307, an opportunity to complete an application
to
register to vote or to change the person's individual's voting
registration name or address, if the applicant possesses the
qualifications of an elector on the date of application or will
possess the qualifications at the next election. This subsection
does not require a registered elector to periodically reregister or
to renew his or her registration. The application for registration
made
under this section shall must
contain all of the
following:information required for a registration
application as
provided in section 495.
(a)
The name of the applicant.
(b)
The residence address of the applicant, including the
street
and number or rural route and box number and apartment
number,
if any.
(c)
The city or township and county of residence of the
applicant,
and the school district of the applicant, if known.
(d)
The date of birth of the applicant.
(e)
The birthplace of the applicant.
(f)
The driver's license or state personal identification card
number
of the applicant, if available.
(g)
A statement that the applicant has the qualifications of
an
elector as of the date of applying for registration, or will
have
the qualifications of an elector at the next election.
(h)
A statement that the registration is not effective until
processed
by the clerk of the city or township in which the
applicant
resides.
(i)
A statement that the applicant, if qualified, may vote at
an
election occurring not less than 30 days after the date of
completing
the application.
(j)
A space to indicate the applicant's last place of
registration,
if any.
(k)
A statement authorizing the cancellation of registration
at
the applicant's last place of registration.
(l) A space for the applicant to sign and certify to
the truth
of
the statements on the application.
(2) The applicant shall sign the application. Upon receipt of
the
application, the agent shall sign the application , stamp the
application
with a validation stamp, and
provide the applicant with
a receipt verifying the registration application. The agent shall
promptly forward the application to the county clerk of the
applicant's residence or to a city or township clerk designated by
the secretary of state.
Sec.
500d. A person An
individual who has properly completed
an application for registration at an office of the secretary of
state
or his or her agent shall be is permitted to vote in all
elections occurring not less than 30 days after making the
application
if the clerk determines the person individual is
qualified. and
the identification card is not returned by the post
office
as provided by section 500c. If the
clerk determines the
person
individual is not qualified, the clerk immediately shall
send a notice to the applicant at the address stated in the
application
stating the determination and the reasons therefor. A
person
shall be the individual is
not qualified. An individual is
permitted to vote if he or she presents at the polls a validated
voter registration application receipt and the clerk determines the
person
individual is qualified.
Sec.
500i. As used in sections 500a to 500j, 500e, "agent"
means a person appointed by the secretary of state to act as an
examining officer for the purpose of examining applicants for
operator's
and chauffeur's licenses under section 309 of Act No.
300
of the Public Acts of 1949, as amended, being section 257.309
of
the Michigan Compiled Laws.the
Michigan vehicle code, 1949 PA
300, MCL 257.309.
Sec.
501. The original master registration cards shall must be
filed
alphabetically and shall must
be termed the "master file".
The
master file shall must contain the signature of each elector
registered
in the city , or
township, or village, unless the
clerk
of the jurisdiction has access to the qualified voter file and the
elector has a digitized signature in the qualified voter file. If
an elector is unable to write, or sign his or her name because of a
physical
disability, the master file shall must contain the mark or
signature stamp used by that elector when a signature is required.
Sec.
502. The master file and the precinct files shall must at
all
times remain in the custody of the township , or city
or
village
clerk. , as the case may be,
except that the precinct files
shall
be delivered on election day to the inspectors of election in
the
several precincts who shall have custody of the same during any
election
or primary election and who shall return such files to the
clerk
immediately thereafter.
Sec.
503. If either the original or duplicate registration
card,
or both, of any elector shall be lost, destroyed or
mutilated,
the clerk of the township, city or village shall require
the
execution of a new registration affidavit by such elector. If
any
such elector shall refuse or neglect to execute such affidavit
within
60 days after the mailing of a letter to such elector at the
last
address from which he has registered, then the registration of
such
elector may be cancelled. If either the original or duplicate
registration
cards, or both, of any township, city, village, or any
ward
or precinct thereof, shall be lost or destroyed, the township
board
or the legislative body of the city or village shall require
a
re-registration of the electors in such township, city, village,
ward
or precinct. If upon an examination of the registration
records
of any city, township or village, the secretary of state
determines
that the registration records fail to comply with the
requirements
of this act, the secretary of state may order the
clerk
of the city, township or village to make the corrections in
the
records necessary to comply with the provisions of this act or,
if
he finds that it is impractical to correct the registration
records,
he may apply to the circuit court of the circuit in which
the
city, township or village is located for an order for re-
registration
of the qualified electors in the city, township or
village.
Upon a proper showing of need, the court shall issue the
order.
In case the secretary of state directs the corrections to be
made
or the circuit court orders a re-registration to be taken, the
secretary
of state shall prescribe in all particulars the time and
manner
in which the corrections shall be made or the re-
registration
shall be taken and the disposition of the old
registration
records. The cost of the corrections or re-
registration
shall be borne by the city, township or village
involved.If the voter registration records are
destroyed or
mutilated making them unusable, the clerk of the city or township
shall request a back-up file from the secretary of state. The
secretary of state shall provide a list of registered electors and
their signatures, if available, from the qualified voter file to
the city or township clerk. If the secretary of state is unable to
provide a back-up file to the city or township clerk, the clerk
shall require the electors to reregister as prescribed by the
secretary of state.
Sec. 505. (1) At the time an elector is applying for
registration, the registration officer shall ascertain if the
elector
is already registered as a voter. an elector. If the
elector is previously registered, the elector shall at the time of
applying for registration sign an authorization to cancel a
previous registration. The secretary of state shall prescribe forms
for this purpose. The form may be a part of the application or a
separate
form. The clerk of the city or township in which the
elector
is newly registered shall notify the registration officer
of
the place of previous registration of the authorization to
cancel.
(2) An authorization to cancel that indicates a previous
address
in a state other than this state shall must be forwarded to
the
secretary of state chief
election officer of that state. Notice
may be made by forwarding the separate cancellation form, by
forwarding the portion of an application listing a previous place
of registration, or by forwarding a list certified by the clerk
containing the names of people authorizing cancellation.
(3)
Notices of cancellation shall contain the name, birth
date,
and address at which the elector was previously registered,
and
the name of the city or township of previous registration of
all
persons authorizing cancellations. Notices shall be sent within
30
days after receipt, but not later than 5 days after the close of
registration.
(3) (4)
Upon receipt of the notice, the clerk shall cancel the
registration
of the persons listed on the notice. The clerk
receiving
the notice shall also notify the clerk of each village in
which
a person listed on the notice resides of receipt of an
authorization
to cancel. An authorization to
cancel a voter
registration
signed by the voter elector
and received from another
state or a notice from an election official of another state that
an elector has registered in that state has the same force and
effect as the notice of authorization to cancel of this state.
Sec. 506. A registered elector may, upon change of residence
within
the township , or
city, or village, cause update his
or her
registration
to be transferred to his new address by sending to the
clerk a signed request stating his or her present address, the date
he
or she moved thereto to that address, and the
address from which
he
or she was last registered, or by applying updating his or her
address
in person. for a transfer. The
clerk shall strike through
the last address, ward, and precinct number and record the new
address,
ward, and precinct number on the original and duplicate
master
registration cards, and shall place
the original
registration
card in the proper precinct file. card.
Transfers
shall
must not be made after the thirtieth day next preceding a
regular or special election or primary election, unless the
thirtieth
day shall fall falls on a Saturday, Sunday, or legal
holiday,
in which event registration transfers shall must be
accepted during the following day.
Sec.
507a. (1) A registered and qualified elector of this
state
who has moved from the township or city of a county in which
he
or she is registered to another township or city of a different
county
within the state after the sixtieth day before an election
or
primary election shall be permitted to vote in the election or
primary
election at the place of last registration upon the signing
of
a form containing an affidavit stating that the move has taken
place.
This subsection shall apply if the county in which the
elector
is registered has implemented the county file as the
official
file pursuant to section 509e.
(1) (2)
A registered and qualified elector
of this state who
has moved from the city or township in which he or she is
registered
to another city or township within the this state after
the
sixtieth day before an election or primary election shall be is
permitted to vote in the election or primary election at the place
of last registration upon the signing of a form containing an
affidavit
stating that the move has taken place. This subsection
shall
apply if the county in which the elector is registered has
not
implemented the county file as the official file pursuant to
section
509e.
(2) (3)
The form or forms required by this
section shall must
be
approved by the secretary of state, and shall must state that
the
move has taken place, and shall must authorize the clerk of
the
city
or township to cancel the voter's elector's registration. A
voter
An elector coming under this section shall be is permitted
to
vote either in person or by absentee ballot.
Sec. 509o. (1) The secretary of state shall direct and
supervise the establishment and maintenance of a statewide
qualified voter file. The secretary of state shall establish the
technology
to implement the qualified voter file. on or before
January
1, 1997. The qualified voter file shall
be is the official
file
for the conduct of all elections held in this state. on
or
after
January 1, 1998. The secretary of
state may direct that all
or
any part of the city , or
township , or village registration
files shall be used in conjunction with the qualified voter file at
the first state primary and election held after the creation of the
qualified voter file.
(2) Notwithstanding any other provision of law to the
contrary,
beginning January 1, 1998, a person an individual who
appears to vote in an election and whose name appears in the
qualified
voter file for that city, township, village, or school
district
is considered a registered voter elector of that city,
township,
village, or school district under this act.
(3) The secretary of state, a designated voter registration
agency,
or a county, city, or township
, or village clerk shall not
place a name of an individual into the qualified voter file unless
that
person individual signs an application as prescribed in
section 509r(3). The secretary of state or a designated voter
registration
agency shall not allow a person an
individual to
indicate a different address than the address in either the
secretary of state's or designated voter registration agency's
files to be placed in the qualified voter file.
Sec.
509p. The qualified voter file shall must consist of all
of the following components:
(a) A computer file that has the capacity to maintain a number
of records equal to or greater than the voting age population of
this state.
(b) An electronic network that allows participating designated
executive departments, state agencies, and county, city, and
township ,
and village clerks to
electronically add, change, or
delete records contained in the qualified voter file.
(c) An interactive electronic communication system that allows
access
to records in the file of qualified voters electors residing
in a county, city, or township for the purpose of receiving copies
of the county, city, or township file, transmitting data to the
county, city, or township file, or reviewing and printing the
county, city, or township file. The interactive electronic
communication
system shall must be designed to permit counties,
cities, or townships that are capable of accessing the interactive
electronic communication system to add, change, or delete records
regarding
qualified voters electors in the qualified voter file.
(d) A statewide street address index in an electronic medium
that will accurately identify the city or township of each record
and
by January 1, 1998, accurately identify the precinct of each
record in the qualified voter file.
Sec. 509r. (1) The secretary of state shall establish and
maintain the computer system and programs necessary to the
operation of the qualified voter file. The secretary of state shall
allow
each county, city, or township
, or village access to the
qualified
voter file. The county, city, and
township , and village
clerks shall verify the accuracy of the names and addresses of
registered
voters electors in the qualified voter file.
(2) Subject to subsection (3), the secretary of state and
county,
city, and township
, and village clerks shall compile the
qualified voter file that consists of all qualified electors from
the following sources and in the following priority:
(a)
A driver's driver license or, if there is no driver's
driver license, a state personal identification card, including
renewals and changes of address with the department of state.
(b) An application for benefits or services, including
renewals and changes of address, taken by a designated voter
registration agency.
(c) An application to register to vote taken by a county,
city,
or township , or village clerk.
(3)
A person An individual whose name does not otherwise
appear
in the qualified voter file shall must be placed in the
qualified
voter file only if the person individual
signs under
penalty of perjury an application that contains an attestation that
the applicant meets all of the following requirements:
(a) Is 17-1/2 years of age or older.
(b) Is a citizen of the United States and this state.
(c)
Is a resident of the city or township where the person's
individual's street address is located.
(4) A designated voter registration agency or a county, city,
township, or village clerk shall not add to, delete from, or change
any information contained in the qualified voter file during the
period beginning on the seventh day before an election and ending
on the day of the election.
(5) The secretary of state shall create an inactive voter
file.
(6)
If a voter an elector is sent a notice under section 509aa
to
confirm the voter's elector's
residence information or if a
voter
an elector does not vote for 6 consecutive years, the
secretary of state shall place the registration record of that
voter
elector in the inactive voter file. The registration record
of
that voter shall elector
must remain in the inactive voter file
until 1 of the following occurs:
(a)
The voter elector votes at an election.
(b)
The voter elector responds to a notice sent under section
509aa.
(c) Another voter registration transaction involving that
voter
elector occurs.
(7)
While the registration record of a voter an elector is in
the
inactive voter file, the voter elector
remains eligible to vote
and
his or her name shall must
appear on the precinct voter
registration list.
(8)
If the registration record of a voter an elector is in the
inactive
voter file because the voter elector
was sent a notice
under
section 509aa to confirm the voter's elector's residence
information
and that voter elector votes at an election by absent
voter
ballot, that absent voter ballot shall must be marked in the
same manner as a challenged ballot as provided in section 727.
Sec. 514. If the registration of an elector is canceled, the
clerk
shall make a proper entry on the original and duplicate
master
registration cards, card, indicating
the date and the cause
for cancellation, and shall affix his or her signature to the
entries.
All copies of the canceled registration cards shall must
be
filed in the office of the clerk. All duplicates of the original
master
registration cards card canceled
may be destroyed 2 years
after
the registrations are registration
is canceled. The clerk may
also
destroy the original master
registration cards card of
an
elector 5 years after the date of cancellation of the elector's
registration. ,
if the registration is not reinstated within that
period.
The clerk may also destroy any
canceled original master
registration cards 2 years after the date of cancellation if the
canceled registration cards are reproduced under the records
reproduction act, 1992 PA 116, MCL 24.401 to 24.406, and the
reproductions are on file in the office of the clerk. The
reproductions may be destroyed after the expiration of the
statutory
retention date of the reproduced records. The
registration
records, if combustible, shall be destroyed by
burning.A voter registration that has been canceled
due to an
elector moving out of the jurisdiction must not be reinstated if
the elector moves back to the jurisdiction and a new voter
registration is required for that elector.
Sec.
516. The registration record shall must be open for
public
inspection. under rules and regulations prescribed by the
clerk.
Sec.
519. No A township
, or city or village clerk
or
assistant
clerk shall not register any person whom such an
individual
if the clerk shall know knows or
have has good reason to
believe
that the individual is not to be a resident and so
qualified. ,
nor shall any person knowingly An
individual shall not
register
as an elector if he or she knows or having
has good reason
to
believe himself that he or
she is not to be such a resident
and
so
qualified. ,
cause himself to be registered as an elector. Every
person
so offending, or who shall aid or abet another in so
offending,
shall upon conviction be adjudged An
individual who
violates this section is guilty of a misdemeanor.
Sec.
520. Whenever it shall come to the knowledge of any If a
township , or city
or village clerk has
knowledge that there is a
probable
illegal or fraudulent registration in his the township ,
or
city, or village, or in
any ward or precinct thereof, he shall
have
of the township or city, the
clerk has the power and it shall
be
his duty to make a full
investigation of the facts concerning
such
the registration and to ascertain whether any names
have name
has
been illegally or fraudulently
registered. To this end, such A
township
or city clerk is hereby authorized
and empowered to call
upon
the police department of the city or the sheriff of his the
county in which the city is located, or both, to assist in making
such
the investigation, and said the police
department and said the
sheriff
are hereby required to render such assistance whenever such
if
the clerk shall make makes a request
therefor, for assistance,
and
to furnish such the clerk at his or her request with all
available
men to assist assistance in making such the
investigation.
Any such A township or
city clerk is hereby further
authorized
and empowered whenever he deems if
he or she considers
it necessary or advisable to appoint assistant examiners for the
purpose
of such the investigation. Bills for the services of such
the
examiner shall must be
approved by such the clerk and shall
must be audited and paid by the township board or legislative body
of
the city or village, as the case may be, in the same manner as
the expenses of conducting elections are paid.
Sec.
521. Whenever any If a township
, or city or village
clerk
shall determine determines
that any name has been illegally
or fraudulently entered upon the registration records of any
precinct
in his the township
, or city, or
village, he the clerk
shall
remove such that name from the registration records and shall
notify
the person individual whose name is removed of such the
removal
by registered or certified mail directed to him the
individual
at the address given on the
registration records. , and
any
person An individual representing himself or herself to be the
person
individual whose name is so removed shall is not
be
permitted
to vote unless he shall show the
individual shows to such
the clerk that his or her name was wrongfully removed from the
registration
records, in which case his or her
name shall must be
reinstated. :
Provided, however, That However,
any person
individual
aggrieved by such the action
of any such clerk may
review
such the action and seek the reinstatement of his or her
name by mandamus and the proceedings and judgment of the court in
Senate Bill No. 814 as amended April 10, 2018
such
the case shall be are subject to review in the
supreme court.
,
or if such If a clerk has good reason to believe that any name
has
been illegally or fraudulently entered upon said the
registration
records and he shall the
clerk does not remove such
the
name as herein provided in this section, he the clerk shall
write
the word "challenged" upon the registration card of such
person
the individual and shall lay before the prosecuting attorney
of
the county all the facts touching such concerning the
registration.
If any person an
individual whose registration card
has
been so marked shall offer offers to vote at any
election, the
inspectors
of election shall at such that
time examine him the
individual under oath as to his or her qualifications as an elector
in
such the ward or precinct, the same in all respects and with
like effect as though he or she had been challenged at the election
by
a challenger. thereof.
Enacting section 1. Sections 494, 497a, 500c, 500h, 500j,
507b, 509s, 517, and 522a of the Michigan election law, 1954 PA
116, MCL 168.494, 168.497a, 168.500c, 168.500h, 168.500j, 168.507b,
168.509s, 168.517, and 168.522a, are repealed.
[Enacting section 2. This amendatory act takes effect December 31,
2018. ]