February 28, 2018, Introduced by Rep. Miller and referred to the Committee on Elections and Ethics.
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.
1 (d) "Clearly observable boundaries" is defined in section
2 654a.
3 (e) "Election" means an election or primary election at which
4 the electors of this state or of a subdivision of this state choose
5 or nominate by ballot an individual for public office or decide a
6 ballot question lawfully submitted to them.
7 (f) "Election precinct" is defined in section 654.
8 (g) "Fall" state and county conventions and "spring" state and
9 county conventions are assigned meanings in section 596.
10 (h) "General election" or "general November election" means
11 the election held on the November regular election date in an even
12 numbered year.
13 (i) "Identification for election purposes" means, if issued to
14 the individual presenting the card or document and if presented for
15 voting purposes the name on the card or document sufficiently
16 matches the individual's name in his or her voter registration
17 record so as to accurately identify the individual as the
18 registered elector, or if issued to the individual presenting the
19 card or document and if presented for voter registration purposes,
20 any of the following:
21 (i) An operator's or chauffeur's license issued under the
22 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
23 (ii) An official state personal identification card issued
24 under 1972 PA 222, MCL 28.291 to 28.300.
25 (iii) A current operator's or chauffeur's license issued by
26 another state.
27 (iv) A current state personal identification card issued by
1 another state.
2 (v) A current state government issued photo identification
3 card.
4 (vi) A current United States passport or federal government
5 issued photo identification card.
6 (vii) A current military photo identification card.
7 (viii) A current tribal photo identification card.
8 (ix) A current student photo identification card issued by a
9 high school in this state, an institution of higher education in
10 this state described in section 4, 5, or 6 of article VIII of the
11 state constitution of 1963, a junior college or community college
12 established under section 7 of article VIII of the state
13 constitution of 1963, or another accredited degree or certificate
14 granting college or university, junior college, or community
15 college located in this state.
16 (j) (i) "Immediate
family" means an individual's father,
17 mother, son, daughter, brother, sister, and spouse and a relative
18 of any degree residing in the same household as that individual.
19 Sec. 497c. (1) Beginning on the effective date of the
20 amendatory act that added this section, Subject to subsection (2),
21 a person who applies in person to register to vote at a department
22 of state office, a designated voter registration agency, the office
23 of a county clerk, or the office of the clerk of the city or
24 township in which the applicant resides shall identify himself or
25 herself by presenting an official state identification card issued
26 to that person under 1972 PA 222, MCL 28.291 to 28.300, an
27 operator's or chauffeur's license issued to that person under the
1 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other
2 generally recognized picture identification card.identification for
3 election purposes.
4 (2) If a person who applies in person to register to vote as
5 provided in subsection (1) does not have an official state
6 identification card, an operator's or chauffeur's license, or other
7 generally recognized picture identification card as required under
8 subsection (1), possess
identification for election purposes, the
9 person may sign an affidavit to that effect and be allowed to
10 register to vote. However, the person remains subject to any
11 applicable federal identification requirements under the help
12 America vote act of 2002 until those identification requirements
13 are satisfied.
14 Sec. 523. (1) At Except
as otherwise provided in subsection
15 (2), at each election, before being given a ballot, each registered
16 elector offering to vote shall must identify himself or
herself by
17 presenting an official state identification card issued to that
18 individual under 1972 PA 222, MCL 28.291 to 28.300, an operator's
19 or chauffeur's license issued to that individual under the Michigan
20 vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other generally
21 recognized picture identification card identification for election
22 purposes, and by executing an application, on a form prescribed by
23 the secretary of state, in the presence of an election official
24 which that includes all of the following:
25 (a) The name of the elector.
26 (b) The elector's address of residence.
27 (c) The elector's date of birth.
1 (d) An affirmative statement by the elector that is included
2 in the signature statement indicating that he or she is a citizen
3 of the United States.
4 (e) The elector's signature or mark.
5 (2) If an elector's signature contained in the qualified voter
6 file is available in the polling place, the election official shall
7 compare the signature upon the application with the digitized
8 signature provided by the qualified voter file. If an elector's
9 signature is not contained in the qualified voter file, the
10 election official shall process the application in the same manner
11 as applications are processed when a voter registration list is
12 used in the polling place. If voter registration lists are used in
13 the precinct, the election inspector shall determine if the name on
14 the application to vote appears on the voter registration list. If
15 the name appears on the voter registration list, the elector shall
16 provide further identification or other information stated upon the
17 voter registration list. If the signature or an item of information
18 does not correspond, the vote of the person shall must be
19 challenged, and the same procedure shall must be
followed as
20 provided in this act for the challenging of an elector. If the
21 elector does not have an official state identification card,
22 operator's or chauffeur's license, or other generally recognized
23 picture identification card identification for election purposes as
24 required under this subsection, section, the individual
shall sign
25 an affidavit to that effect before an election inspector and be
26 allowed to vote as otherwise provided in this act. However, an
27 elector being allowed to vote without the identification for
1 election purposes as required
under this subsection section
is
2 subject to challenge as provided in section 727.
3 (3) If, upon a comparison of the signature or other
4 identification as required in this section, it is found that the
5 applicant is entitled to vote, the election officer having charge
6 of the registration list shall approve the application and write
7 his or her initials on the application, after which the number on
8 the ballot issued shall must
be noted on the application. The
9 application shall serve serves
as 1 of the 2 poll lists required to
10 be kept as a record of a person who has voted. The application
11 shall must be filed with the township, city, or village clerk.
If
12 voter registration cards are used in the precinct, the date of the
13 election shall must
be noted by 1 of the election officials
upon
14 the precinct registration card of each elector voting at an
15 election. If voter registration lists are used in the precinct, the
16 election official shall clearly indicate upon the list each elector
17 voting at that election. The clerk of a city, village, or township
18 shall maintain a record of voting participation for each registered
19 elector.
20 Sec. 523a. (1) If an individual who has applied to register to
21 vote on or before the close of registration appears at a polling
22 place on election day and completes an application under section
23 523 is not listed on the voter registration list, the election
24 inspector shall issue a ballot to the individual as follows:
25 (a) For an individual who presents a receipt issued by a
26 department of state office, a designated voter registration agency,
27 or the elector's county, city, or township clerk's office verifying
1 the acceptance of a voter registration application before the close
2 of registration and completes a new voter registration application,
3 the election inspector shall allow the individual to vote a ballot
4 in the same manner as an elector whose name is listed on the voter
5 registration list.
6 (b) For an individual who does not present a receipt verifying
7 the acceptance of a voter registration application under
8 subdivision (a), the election inspector shall determine whether the
9 individual is in the appropriate polling place based on residence
10 information provided by the individual. The election inspector
11 shall review any documents or maps in the polling place or
12 communicate with the city or township clerk to verify the
13 appropriate polling place for the individual. The election
14 inspector shall direct an individual who is not in the appropriate
15 polling place to the appropriate polling place. If the individual
16 refuses to go to the appropriate polling place, the election
17 inspector shall issue the individual a provisional ballot that
18 shall be is processed according to subsection (5).
19 (2) Except for an individual who produces a receipt under
20 subsection (1)(a), the election inspector shall require an
21 individual who is not listed on the voter registration list to
22 execute a sworn statement affirming that the individual submitted a
23 voter registration application before the close of registration and
24 is eligible to vote in the election. An individual who provides
25 false information in a signed sworn statement under this subsection
26 is guilty of perjury. An individual signing a sworn statement shall
27 complete a new voter registration application. The individual shall
1 state the approximate date and in what manner the registration
2 application was submitted:
3 (a) To a department of state office.
4 (b) To a designated voter registration agency.
5 (c) To the office of his or her county, city, or township
6 clerk.
7 (d) By a mailed application.
8 (3) The election inspector shall contact the city or township
9 clerk to verify whether the individual who signed the sworn
10 statement under subsection (2) is listed in the registration
11 records of the jurisdiction or whether there is any information
12 contrary to the content of the sworn statement.
13 (4) If the city or township clerk verifies the elector
14 information and finds no information contrary to the information
15 provided by the individual in the sworn statement and the
16 individual presents a Michigan operator's or chauffeur's license,
17 department of state issued personal identification card, other
18 government issued photo identification card, or a photo
19 identification card issued by an institution of higher education in
20 this state described in section 6 of article VIII of the state
21 constitution of 1963 or a junior college or community college
22 established under section 7 of article VIII of the state
23 constitution of 1963 identification
for election purposes that
24 contains a current residence address to establish his or her
25 identity and residence address, the individual shall be is
26 permitted to vote a provisional ballot on election day. Before the
27 provisional ballot is tabulated on election day, that is tabulated
1 on election day in the same manner as an elector whose name is
2 listed on the voter registration list, except that the election
3 inspectors shall process the ballot as a challenged ballot under
4 sections 745 and 746.
5 (5) If For
an individual described in subsection (2), if the
6 election inspector is not able to contact the city or township
7 clerk, the individual is not in the correct precinct, or the
8 individual presents identification other than a Michigan operator's
9 or chauffeur's license, department of state issued personal
10 identification card, other government issued photo identification
11 card, or a photo identification card issued by an institution of
12 higher education in this state described in section 6 of article
13 VIII of the state constitution of 1963 or a junior college or
14 community college established under section 7 of article VIII of
15 the state constitution of 1963 is unable to present identification
16 for election purposes that
contains a current residence address, or
17 the individual is unable to present any identification, the
18 individual shall must
be issued a provisional ballot that is
not
19 tabulated on election day but is secured for verification after the
20 election. A provisional ballot shall also be issued under this
21 subsection to a voter who presents a Michigan operator's license,
22 chauffeur's license, department of state personal identification
23 card, other 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 that does not bear the voter's current
2 residence address, if the voter also presents a document to
3 establish the voter's current residence address. The election
4 inspector shall accept a document containing the name and current
5 residence address of the voter as sufficient documentation to issue
6 a provisional ballot if it is 1 of the following documents:
7 (a) A current utility bill.
8 (b) A current bank statement.
9 (c) A current paycheck, government check, or other government
10 document.
11 (6) A provisional ballot shall must be
placed in a provisional
12 ballot return envelope prescribed by the secretary of state and
13 delivered to the city or township clerk after the polls close in a
14 manner as prescribed by the secretary of state.
15 (7) For a provisional ballot voted under subsection (4), the
16 election inspector shall provide the voter with a notice that his
17 or her ballot has been tabulated. For a provisional ballot voted
18 under subsection (5), the election inspector shall provide the
19 voter with a notice that the voter's information will be verified
20 by the clerk of the jurisdiction within 6 days after the election
21 to determine whether the ballot will be tabulated and, if the
22 ballot is not tabulated, to determine the reason it was not
23 tabulated. A clerk of a jurisdiction shall provide a free access
24 system for the voter to determine whether the ballot was tabulated.
25 The free access system may include a telephone number that does not
26 require a toll charge, a toll-free telephone number, an internet
27 website, or a mailed notice.
1 (8) As used in this section and sections 813 and 829,
2 "provisional ballot" means a special ballot utilized for an
3 individual who is not listed on the voter registration list at the
4 polling place that is tabulated only after verification of the
5 individual's eligibility to vote.
6 Sec. 761. (1) If the clerk of a city, township, or village
7 receives an application for an absent voter ballot from a person
8 registered to vote in that city, township, or village and if the
9 signature on the application agrees with the signature for the
10 person contained in the qualified voter file or on the registration
11 card as required in subsection (2), the clerk immediately upon
12 receipt of the application or, if the application is received
13 before the printing of the absent voter ballots, as soon as the
14 ballots are received by the clerk, shall forward by mail, postage
15 prepaid, or shall deliver personally 1 of the ballots or set of
16 ballots if there is more than 1 kind of ballot to be voted to the
17 applicant. Subject to the identification requirement in subsection
18 (6), absent voter ballots may be delivered to an applicant in
19 person at the office of the clerk.
20 (2) The qualified voter file shall must be
used to determine
21 the genuineness of a signature on an application for an absent
22 voter ballot. Signature comparisons shall must be
made with the
23 digitized signature in the qualified voter file. If the qualified
24 voter file does not contain a digitized signature of an elector, or
25 is not accessible to the clerk, the city or township clerk shall
26 compare the signature appearing on the application for an absent
27 voter ballot to the signature contained on the master card.
1 (3) Notwithstanding section 759, providing that no absent
2 voter applications shall be received by the clerk after 2 p.m. on
3 the Saturday before the election, and subject to the identification
4 requirement in subsection (6), a person qualified to vote as an
5 absent voter may apply in person at the clerk's office before 4
6 p.m. on a day before the election except Sunday or a legal holiday
7 to vote as an absent voter. The applicant shall receive his or her
8 absent voter ballot and vote the ballot in the clerk's office. All
9 other absent voter ballots, except ballots delivered pursuant to an
10 emergency absent voter ballot application under section 759b, shall
11 must be mailed or delivered to the registration address of the
12 applicant unless the application requests delivery to an address
13 outside the city, village, or township or to a hospital or similar
14 institution, in which case the absent voter ballots shall must be
15 mailed or delivered to the address given in the application.
16 However, a clerk may mail or deliver an absent voter ballot, upon
17 request of the absent voter, to a post office box if the post
18 office box is where the absent voter normally receives personal
19 mail and the absent voter does not receive mail at his or her
20 registration address.
21 (4) Absent voter ballots shall must be
issued in the same
22 order in which applications are received by the clerk of a city,
23 township, or village, as nearly as may be, and each ballot issued
24 shall must bear the lowest number of each kind available for
this
25 purpose. However, this provision does not prohibit a clerk from
26 immediately issuing an absent voter ballot to an absent voter who
27 applies in person in the clerk's office for absent voter ballots.
1 The clerk shall enclose with the ballot or ballots a return
2 envelope properly addressed to the clerk and bearing upon the back
3 of the envelope a printed statement in substantially the following
4 form:
|
5 |
TO BE COMPLETED |
|
6 |
BY THE CLERK |
|
7 |
______________________________ ____________________________ |
|
8 |
Name of Voter Street Address or R.R. |
|
9 |
______________________________ ____________________________ |
|
10 |
City, Township or Village County |
|
11 |
Ward ________ Precinct _______ Date of Election _____________ |
|
12 |
================================================================= |
|
13 |
TO BE COMPLETED BY THE ABSENT VOTER |
14 I assert that I am a United States citizen and a qualified and
15 registered elector of the city, township, or village named above. I
16 am voting as an absent voter in conformity with state election law.
17 Unless otherwise indicated below, I personally marked the ballot
18 enclosed in this envelope without exhibiting it to any other
19 person.
20 I further assert that this absent voter ballot is being
21 returned to the clerk or an assistant of the clerk by me
22 personally; by public postal service, express mail service, parcel
23 post service, or other common carrier; by a member of my immediate
24 family; or by a person residing in my household.
|
25 |
DATE: ______________ SIGN HERE: X_________________________ |
|
26 |
Signature of Absent Voter |
|
27 |
The above form must be signed or your vote will not be counted. |
|
28 |
AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY |
|
29 |
OF A MISDEMEANOR. |
|
30 |
================================================================= |
|
31 |
TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING |
|
32 |
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.