HB-5279, As Passed House, November 4, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5279

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 759a. (1) A member of the armed services An absent

 

uniformed services voter or an overseas voter who is not

 

registered, but possessed the qualifications of an elector under

 

section 492, may apply for registration by using the federal

 

postcard application. The department of state, bureau of elections,

 

is responsible for disseminating information on the procedures for

 

registering and voting to an absent armed uniformed services voter

 

and an overseas voters voter.

 

     (2) Each of the following persons who is a qualified elector


 

of a city, village, or township in this state and who is not a

 

registered voter may apply for an absent voter ballot:

 

     (a) A civilian employee of the armed services outside of the

 

United States.

 

     (b) A member of the armed services outside of the United

 

States.

 

     (c) A citizen of the United States temporarily residing

 

outside the territorial limits of the United States.

 

     (d) A citizen of the United States residing in the District of

 

Columbia.

 

     (2) (e) Upon the request of an absent uniformed services voter

 

or an overseas voter, the clerk of a county, city, township, or

 

village shall electronically transmit a blank voter registration

 

application or blank absent voter ballot application to the voter.

 

The clerk of a county, city, township, or village shall accept a

 

completed voter registration application or completed absent voter

 

ballot application electronically transmitted by an absent

 

uniformed services voter or overseas voter. A voter registration

 

application or absent voter ballot application submitted by an

 

absent uniformed services voter or overseas voter shall contain the

 

signature of the voter.

 

     (3) A spouse or dependent of a person described in

 

subdivisions (a) through (d) an overseas voter who is a citizen of

 

the United States, and who is accompanying that person, even though

 

the spouse or dependent is not a qualified elector of a city,

 

village, or township of this state, if that spouse or dependent

 

overseas voter, and is not a qualified and registered elector


 

anywhere else in the United States, may apply for an absent voter

 

ballot even though the spouse or dependent is not a qualified

 

elector of a city or township of this state.

 

     (4) (3) An absent uniformed services voter or an overseas

 

voter, whether or not registered to vote, may apply for an absent

 

voter ballot. Upon receipt of an application for an absent voter

 

ballot under this section that complies with this act, a county,

 

city, village, or township clerk shall forward to the applicant the

 

absent voter ballots requested, the forms necessary for

 

registration, and instructions for completing the forms. If the

 

ballots are not yet available at the time of receipt of the

 

application, the clerk shall immediately forward to the applicant

 

the registration forms and instructions, and forward the ballots as

 

soon as they are available. If a federal postcard application is

 

filed, the clerk shall accept the federal postcard application as

 

the registration application and shall not send any additional

 

registration forms to the applicant. If the ballots and

 

registration forms are received before the close of the polls on

 

election day and if the registration complies with the requirements

 

of this act, the absent voter ballots shall be delivered to the

 

proper election board to be voted tabulated. If the registration

 

does not comply with the requirements of this act, the clerk shall

 

retain the absent voter ballots until the expiration of the time

 

that the voted ballots must be kept and shall then destroy the

 

ballots without opening the envelope. The clerk may retain

 

registration forms completed under this section in a separate file.

 

The address in this state shown on a registration form is the


House Bill No. 5279 (H-3) as amended November 4, 2009

residence of the registrant.

 

     (5) Not later than 45 days before an election, a county, city,

 

township, or village clerk shall electronically transmit or mail as

 

appropriate an absent voter ballot to each absent uniformed

 

services voter or overseas voter who applied for an absent voter

 

ballot 45 days or more before the election.

 

     (6) Upon the request of an absent uniformed services voter or

 

overseas voter, the clerk of a county, city, township, or village

 

shall electronically transmit a blank absent voter ballot to the

 

voter. The voter shall print the blank absent voter ballot, mark

 

the ballot, and return the ballot [       ] to the appropriate clerk [by

 United States mail or with another public postal service, express mail service, parcel post service, or common carrier].

     (7) The secretary of state shall prescribe electronic absent

 

voter ballot formats and electronic absent voter ballot

 

transmission methods. Each county, city, township, or village clerk

 

shall employ the prescribed electronic ballot formats to fulfill an

 

absent voter ballot request received from an absent uniformed

 

services voter or overseas voter who wishes to receive his or her

 

absent voter ballot through an electronic transmission. The

 

secretary of state shall establish procedures to implement the

 

requirements in this section and for the processing of a marked

 

absent voter ballot returned by an absent uniformed services voter

 

or overseas voter who obtained his or her absent voter ballot

 

through an electronic transmission.

 

     (8) The secretary of state shall modify the printed statement

 

provided under section 761(4) and the absent voter ballot

 

instructions provided under section 764a as appropriate to

 

accommodate the procedures developed for electronically


 

transmitting an absent voter ballot to an absent uniformed services

 

voter or overseas voter. A statement shall be included in the

 

certificate signed by the absent voter who obtained his or her

 

absent voter ballot through an electronic transmission that the

 

secrecy of the absent voter ballot may be compromised during the

 

duplication process. The absent voter ballot instructions provided

 

to an absent uniformed services voter or overseas voter shall

 

include the proper procedures for returning the absent voter ballot

 

to the appropriate clerk.

 

     (9) (4) The size of a precinct shall not be determined by

 

registration forms completed under this section.

 

     (10) (5) A member of the armed services An absent uniformed

 

services voter or an overseas voter , as described in subsection

 

(2), who registers to vote by federal postcard application under

 

subsection (1), and who applies to vote as an absent voter by

 

federal postcard who submits an absent voter ballot application is

 

eligible to vote as an absent voter in any local or state election

 

, including any school election, occurring in the calendar year in

 

which the federal postcard absent voter ballot application is

 

received by the county, city, village, or township clerk, but not

 

in an election for which the application is received by the clerk

 

after 2 p.m. of the Saturday before the election. A county, city,

 

or township clerk receiving a federal postcard an absent voter

 

ballot application from an absent uniformed services voter or

 

overseas voter shall transmit to a village clerk and the school

 

district election coordinator coordinators, where applicable, the

 

necessary information to enable the village clerk and school


 

district election coordinator coordinators to forward an absent

 

voter ballot for each applicable election in that calendar year to

 

the qualified elector submitting the federal postcard application

 

absent voter. A village clerk receiving a federal postcard an

 

absent voter ballot application from an absent uniformed services

 

voter or overseas voter shall transmit to a city or the township

 

clerk and the school district election coordinators, where

 

applicable, the necessary information to enable the city or

 

township clerk and school district election coordinators to forward

 

an absent voter ballot for each applicable election in that

 

calendar year to the qualified elector submitting the federal

 

postcard application absent voter. If the local elections official

 

rejects a voter registration application or absent voter ballot

 

application submitted on a federal postcard application by an

 

absent armed uniformed services voter or overseas voter, the

 

election official shall notify the armed services or overseas voter

 

of the rejection.

 

     (11) An electronic mail address provided by an absent

 

uniformed services voter or overseas voter for the purposes of this

 

section is confidential and exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (12) (6) Under the uniformed and overseas citizens absentee

 

voting act, 42 USC 1973ff to 1973ff-6, the state director of

 

elections shall approve a ballot form and registration procedures

 

for electors in the armed services and electors outside the United

 

States, including the spouses and dependents accompanying those

 

electors absent uniformed services voters and overseas voters.


 

     (7) As used in this section, "armed services" means any of the

 

following:

 

     (a) The United States army, navy, air force, marine corps, or

 

coast guard.

 

     (b) The United States merchant marine.

 

     (c) A reserve component of an armed service listed in

 

subdivision (a) or (b).

 

     (d) The Michigan national guard as defined in section 105 of

 

the Michigan military act, 1967 PA 150, MCL 32.505.

 

     (13) As used in this section:

 

     (a) "Absent uniformed services voter" means any of the

 

following:

 

     (i) A member of a uniformed service on active duty who, by

 

reason of being on active duty, is absent from the place of

 

residence where the member is otherwise qualified to vote.

 

     (ii) A member of the merchant marine who, by reason of service

 

in the merchant marine, is absent from the place of residence where

 

the member is otherwise qualified to vote.

 

     (iii) A spouse or dependent of a member referred to in

 

subparagraph (i) or (ii) who, by reason of the active duty or service

 

of the member, is absent from the place of residence where the

 

spouse or dependent is otherwise qualified to vote.

 

     (b) "Member of the merchant marine" means an individual, other

 

than a member of a uniformed service or an individual employed,

 

enrolled, or maintained on the Great Lakes or the inland waterways,

 

who is either of the following:

 

     (i) Employed as an officer or crew member of a vessel


 

documented under the laws of the United States, a vessel owned by

 

the United States, or a vessel of foreign-flag registry under

 

charter to or control of the United States.

 

     (ii) Enrolled with the United States for employment or training

 

for employment, or maintained by the United States for emergency

 

relief service, as an officer or crew member of a vessel documented

 

under the laws of the United States, a vessel owned by the United

 

States, or a vessel of foreign-flag registry under charter to or

 

control of the United States.

 

     (c) "Overseas voter" means any of the following:

 

     (i) An absent uniformed services voter who, by reason of active

 

duty or service, is absent from the United States on the date of an

 

election.

 

     (ii) A person who resides outside of the United States and is

 

qualified to vote in the last place in which the person was

 

domiciled before leaving the United States.

 

     (iii) A person who resides outside of the United States and who,

 

but for such residence outside of the United States, would be

 

qualified to vote in the last place in which he or she was

 

domiciled before leaving the United States.

 

     (d) "Uniformed services" means the army, navy, air force,

 

marine corps, coast guard, the commissioned corps of the public

 

health service, the commissioned corps of the national oceanic and

 

atmospheric administration, a reserve component of a uniformed

 

service, or the Michigan national guard as defined in section 105

 

of the Michigan military act, 1967 PA 150, MCL 32.505.

 

     (14) This section applies to the August 3, 2010 election and


 

to each succeeding election conducted in this state.

 

     Enacting section 1. This amendatory act takes effect June 1,

 

2010.