February 2, 2005, Introduced by Senators BRATER, PRUSI, THOMAS, BASHAM, CLARK-COLEMAN, SCHAUER, SWITALSKI, CLARKE, SCOTT, CHERRY, JACOBS, LELAND, BERNERO and EMERSON and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and
168.759b), section 758 as amended by 1996 PA 207 and section 759 as
amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
758. (1) For the purposes of As
used in this act,
"absent
voter" means a qualified and registered elector who meets
1
or more of the following requirements:
(a)
On account of physical disability, cannot without
another's
assistance attend votes without attending the polls on
the day of an election.
(b)
On account of the tenets of his or her religion, cannot
attend
the polls on the day of election.
(c)
Cannot attend the polls on the day of an election in the
precinct
in which he or she resides because of being an election
precinct
inspector in another precinct.
(d)
Is 60 years of age or older.
(e)
Is absent or expects to be absent from the township or
city
in which he or she resides during the entire period the polls
are
open for voting on the day of an election.
(f)
Cannot attend the polls on election day because of being
confined
in jail awaiting arraignment or trial.
(2)
Subsection (1) does not apply to Absent voter does not
include a person who has moved outside of this state, regardless of
length of his or her residence outside of this state, and who no
longer maintains an actual residence in this state. The storage of
personal effects or household goods, the ownership of property that
is rented or leased to others, or occasional brief visits to a
former domicile in this state while residing outside of this state
for most of the year does not constitute a residence for voting
purposes in this state, except for each of the following:
(a) A person described in section 1 of article II of the state
constitution of 1963 and statutes enacted under that section.
(b) A person described in section 759a.
Sec. 759. (1) At any time during the 75 days before a primary
election or special primary election, but not later than 2 p.m. of
the Saturday immediately before the primary election or special
primary election,
an elector who qualifies wants
to vote as an
absent
voter , as defined in section 758, may apply for an absent
voter ballot. The elector shall apply in person or by mail with the
clerk of the township, city, or village in which the elector is
registered. An application received before a primary election or
special primary election may be for either that primary election
only, or for that primary election and the election that follows.
(2) Except as otherwise provided in subsection (1), at any
time during the 75 days before an election, but not later than 2
p.m.
of the Saturday before the election, an elector who qualifies
wants
to vote as an absent voter , as
defined in section 758, may
apply for an absent voter ballot. The elector shall apply in person
or by mail with the clerk of the township, city, or village in
which the voter is registered.
(3) An application for an absent voter ballot under this
section may be made in any of the following ways:
(a)
By a written request signed by the voter stating the
statutory
grounds for making the application elector.
(b) On an absent voter ballot application form provided for
that purpose by the clerk of the city, township, or village.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the
application. A clerk or assistant clerk shall not deliver an absent
voter
ballot to an applicant who does not sign the application. A
person
other Other
than the applicant; a member of the applicant's
immediate family; a person residing in the applicant's household; a
person whose job normally includes the handling of mail, but only
during the course of his or her employment; a registered elector
requested by the applicant to return the application; or a clerk,
assistant of the clerk, or other authorized election official, a
person shall not be in possession of a signed absent voter ballot
application. A registered elector who is requested by the applicant
to return his or her absent voter ballot application shall sign the
certificate on the absent voter ballot application.
(5) The clerk of the city, township, or village shall have
absent voter ballot application forms available in the office of
the clerk at all times and shall furnish an absent voter ballot
application form to anyone upon a verbal or written request. The
absent voter ballot application shall be in substantially the
following form:
"Application for absent voter ballot for:
[] The primary election or special primary election to be held
on
..... , 19... _____________________
[date].
[]
The election to be held on ..... , 19... _______________
[date].
(Check applicable election or elections)
I, .......... , a qualified and registered elector of the
..... precinct of the township of .......... or village of
.......... or of the .......... ward of the city of .......... , in
the county of .......... and state of Michigan, apply for an
official ballot, or ballots, to be voted by me at the election or
elections as requested in this application.
The
statutory grounds on which I have my request are:
[]
I expect to be absent from the community in which I am
registered
for the entire time the polls are open on election day.
[]
I am physically unable to attend the polls without the
assistance
of another.
[]
I cannot attend the polls because of the tenets of my
religion.
[]
I have been appointed an election precinct inspector in a
precinct
other than the precinct where I reside.
[]
I am 60 years of age or older.
[]
I cannot attend the polls because I am confined to jail
awaiting
arraignment or trial.
(Check
applicable reason)
Send absent voter ballot to me at:
.......................................
(Street No. or R.R.)
.......................................................
(Post Office) (State) (Zip Code)
My registered address..................................
(Street No. or R.R.)
..........................................
(Post Office) (State) (Zip Code)
Date ...................................................
I
declare certify that the statements in this absent voter
ballot application are true.
..........................................
(Signature)
WARNING
A person making a false statement in this absent voter ballot
application is guilty of a misdemeanor. It is a violation of
Michigan election law for a person other than those listed in the
instructions to return, offer to return, agree to return, or
solicit to return your absent voter ballot application to the
clerk. An assistant authorized by the clerk who receives absent
voter ballot applications at a location other than the office of
the clerk must have credentials signed by the clerk. Ask to see his
or her credentials before entrusting your application with a person
claiming to have the clerk's authorization to return your
application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is ...................., my address is
...................., and my date of birth is ............; that I
am delivering the absent voter ballot application of
.................... at his or her request; that I did not solicit
or request to return the application; that I have not made any
markings on the application; that I have not altered the
application in any way; that I have not influenced the applicant;
and that I am aware that a false statement in this certificate is a
violation of Michigan election law.
__________ _______________________________
(Date) (Signature)"
(6) The following instructions for an applicant for an absent
voter ballot shall be included with each application furnished an
applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
Step 1. After completely filling out the application, sign and
date the application in the place designated. Your signature must
appear on the application or you will not receive an absent voter
ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in an envelope addressed to the
appropriate clerk and place the necessary postage upon the return
envelope and deposit it in the United States mail or with another
public postal service, express mail service, parcel post service,
or common carrier.
(b) Deliver the application personally to the office of the
clerk, to the clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b), a member of the immediate family of
the voter including a father-in-law, mother-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or
grandchild or a person residing in the voter's household may mail
or deliver the application to the clerk for the applicant.
(d)
In the event If an applicant cannot return the
application in any of the above methods, the applicant may select
any registered elector to return the application. The person
returning the application must sign and return the certificate at
the bottom of the application.
(7) A person who prints and distributes absent voter ballot
applications shall print on the application the warning,
certificate of authorized registered elector returning absent voter
ballot application, and instructions required by this section.
(8) A person who makes a false statement in an absent voter
ballot application is guilty of a misdemeanor. A person who forges
a signature on an absent voter ballot application is guilty of a
felony. A person who is not authorized in this act and who both
distributes absent voter ballot applications to absent voters and
returns those absent voter ballot applications to a clerk or
assistant of the clerk is guilty of a misdemeanor.
Sec.
759b. (1) Any A registered elector may
apply for an
absent
voter ballots ballot at any time prior to before
4 p.m.
on
election day if he shall have become physically disabled or
shall
be absent from the city or township because of sickness or
death
in the family which an event
has occurred at a time which
has
that made it impossible to
apply for absent voter ballots by
the statutory deadline. The application shall be called an
emergency absent voter ballot application.
(2) Emergency absent voter ballot applications may be made by
letter or on a form prescribed by the secretary of state and
provided by the clerk. The application shall set forth that the
voter
is qualified to vote in the election , stating the statutory
reason
for applying for an emergency absent voter ballot and that
the
reason for applying after the statutory deadline an
event
occurred
at such a time to make that made it impossible to
file an
application
for an absent voter ballots ballot
by the statutory
deadline. The secretary of state shall prescribe a standard
emergency absent voter ballot application form, including the size
of the form and the color of paper upon which the form is printed.
(3) Any
A person intentionally making
a false statement in
such
an emergency absent voter ballot application is guilty of a
felony.
Any A person aiding or abetting any another
person to
make
a false statement on such in
an emergency absent voter
ballot application is guilty of a felony.
(4) Upon receipt by the clerk of a valid application for an
emergency absent voter ballot, the clerk may deliver the absent
voter ballots to the applicant in person, through a deputy or an
election
assistant, or he may deliver them at his or her office
to a person named by the applicant in the emergency absent voter
ballot application. The absent voter may return the absent voter
ballots
to the clerk in the sealed envelope provided therefor in
any
manner. he sees fit. To For an absent voter ballot to be
valid,
ballots must be returned the
absent voter must return the
absent voter ballots to the clerk in the sealed envelope provided
for
that purpose and in time to be
delivered to the polls prior to
before 8 p.m. on election day.