SB-0803, As Passed Senate, June 13, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 803

 

(As amended June 12, 2012)

 

 

 

 

 

 

 

 

 

 

      [A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 523 and 759 (MCL 168.523 and 168.759),

 

sections 523 as amended by 2005 PA 71 and section 759 as

 

amended by 1995 PA 261, and by adding section 766a.]

 

 

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 523. (1) At each election, before being given a ballot,

 

 2  each registered elector offering to vote shall identify himself

 

 3  or herself by presenting an official state identification card

 

 4  issued to that individual pursuant to Act No. 222 of the Public

 

 5  Acts of 1972, being sections 28.291 to 28.295 of the Michigan

 

 6  Compiled Laws, under 1972 PA 222, MCL 28.291 to 28.300, an

 

 7  operator's or chauffeur's license issued to that individual


 

 1  pursuant to under the Michigan vehicle code, Act No. 300 of the

 

 2  Public Acts of 1949, being sections 257.1 to 257.923 of the

 

 3  Michigan Compiled Laws, 1949 PA 300, MCL 257.1 to 257.923, or

 

 4  other generally recognized picture identification card and by

 

 5  executing an application, showing his or her signature or mark

 

 6  and address of residence on a form prescribed by the secretary of

 

 7  state, in the presence of an election official . which includes

 

 8  all of the following:

 

 9        (a) The name of the elector.

 

10        (b) The elector's address of residence.

 

11        (c) The elector's date of birth.

 

12        (d) An affirmative statement by the elector indicating that

 

13  he or she is a citizen of the United States.

 

14        (e) The elector's signature or mark.

 

15        (2) If an elector does not affirmatively state on the

 

16  application that he or she is a citizen of the United States,

 

17  that elector shall be challenged by an election inspector. If the

 

18  elector fails to state under oath that he or she is a citizen of

 

19  the United States, that elector shall not be issued a ballot.

 

20        (3) If an elector's signature contained in the qualified

 

21  voter file is available in the polling place, the election

 

22  official shall compare the signature upon the application with

 

23  the digitized signature provided by the qualified voter file. If

 

24  an elector's signature is not contained in the qualified voter

 

25  file, the election official shall process the application in the

 

26  same manner as applications are processed when a voter

 

27  registration list is used in the polling place. If voter


 

 1  registration lists are used in the precinct, the election

 

 2  inspector shall determine if the name on the application to vote

 

 3  appears on the voter registration list. If the name appears on

 

 4  the voter registration list, the elector shall provide further

 

 5  identification by giving his or her date of birth or other

 

 6  information stated upon the voter registration list. In precincts

 

 7  using voter registration lists, the date of birth may be required

 

 8  to be placed on the application to vote. If the signature or an

 

 9  item of information, other than citizenship, does not correspond,

 

10  the vote of the person shall be challenged, and the same

 

11  procedure shall be followed as provided in this act for the

 

12  challenging of an elector. If the person offering to vote has

 

13  signed the registration card or application by making a mark, the

 

14  person shall identify himself or herself by giving his or her

 

15  date of birth, which shall be compared with the date of birth

 

16  stated upon the registration card or voter registration list, or

 

17  shall give other identification as may be referred to upon the

 

18  registration card or voter registration list. If the elector does

 

19  not have an official state identification card, operator's or

 

20  chauffeur's license, as required in this subsection, or other

 

21  generally recognized picture identification card as required

 

22  under this subsection, the individual shall sign an affidavit to

 

23  that effect before an election inspector and be allowed to vote

 

24  as otherwise provided in this act. However, an elector being

 

25  allowed to vote without the identification required under this

 

26  subsection is subject to challenge as provided in section 727.

 

27        (4) (2) If, upon a comparison of the signature or other


 

 1  identification as required in subsection (1), this section, it is

 

 2  found that the applicant is entitled to vote, the election

 

 3  officer having charge of the registration list shall approve the

 

 4  application and write his or her initials on the application,

 

 5  after which the number on the ballot issued shall be noted on the

 

 6  application. The application shall serve as 1 of the 2 poll lists

 

 7  required to be kept as a record of a person who has voted. The

 

 8  application shall be filed with the township, city, or village

 

 9  clerk. If voter registration cards are used in the precinct, the

 

10  date of the election shall be noted by 1 of the election

 

11  officials upon the precinct registration card of each elector

 

12  voting at an election. If voter registration lists are used in

 

13  the precinct, the election official shall clearly indicate upon

 

14  the list each elector voting at that election. The clerk of a

 

15  city, village, or township shall maintain a record of voting

 

16  participation for each registered elector.

 

17        Sec. 759. (1) At any time during the 75 days before a

 

18  primary or special primary, but not later than 2 p.m. of the

 

19  Saturday immediately before the primary or special primary, an

 

20  elector who qualifies to vote as an absent voter, as defined in

 

21  section 758, may apply for an absent voter ballot. The elector

 

22  shall apply in person or by mail with the clerk of the township,

 

23  city, or village in which the elector is registered. An

 

24  application received before a primary or special primary may be

 

25  for either that primary only, or for that primary and the

 

26  election that follows.

 

27        (2) Except as otherwise provided in subsection (1), at


 

 1  anytime during the 75 days before an election, but not later than

 

 2  2 p.m. of the Saturday before the election, an elector who

 

 3  qualifies to vote as an absent voter, as defined in section 758,

 

 4  may apply for an absent voter ballot. The elector shall apply in

 

 5  person or by mail with the clerk of the township, city, or

 

 6  village in which the voter is registered.

 

 7        (3) An application for an absent voter ballot under this

 

 8  section may be made in any of the following ways:

 

 9        (a) By a written request signed by the voter stating the

 

10  statutory grounds for making the application.

 

11        (b) On an absent voter ballot application form provided for

 

12  that purpose by the clerk of the city, township, or village.

 

13        (c) On a federal postcard application.

 

14        (4) An applicant for an absent voter ballot shall sign the

 

15  application. A clerk or assistant clerk shall not deliver an

 

16  absent voter ballot to an applicant who does not sign the

 

17  application. A person other than shall not be in possession of a

 

18  signed absent voter ballot application except for the applicant;

 

19  a member of the applicant's immediate family; a person residing

 

20  in the applicant's household; a person whose job normally

 

21  includes the handling of mail, but only during the course of his

 

22  or her employment; a registered elector requested by the

 

23  applicant to return the application; or a clerk, assistant of the

 

24  clerk, or other authorized election official. shall not be in

 

25  possession of a signed absent voter ballot application. A

 

26  registered elector who is requested by the applicant to return

 

27  his or her absent voter ballot application shall sign the


Senate Bill No. 803 (S-1) as amended June 12, 2012

 

 1  certificate on the absent voter ballot application.

 

 2        (5) The clerk of the a city, township, or village shall have

 

 3  absent voter ballot application forms available in the clerk's

 

 4  office of the clerk at all times and shall furnish an absent

 

 5  voter ballot application form to anyone upon a verbal or written

 

 6  request. The absent voter ballot application shall be in

 

 7  substantially the following form:

 

 8        "Application for absent voter ballot for:

 

 9        [  ] The primary or special primary election to be held on

 

10  ..... , 19... .___________________ (Date).

 

11        [  ] The election to be held on ..... , 19... ._______

 

12  (Date).

 

13        (Check applicable election or elections)

 

14        I, .................................. , a qualified and

 

15  registered elector of the ............ precinct of the township

 

16  of ............ or village of ............ or of the ............

 

17  ward of the city of .................................. , in the

 

18  county of .................................. and state of

 

19  Michigan, apply for an official ballot, or ballots, to be voted

 

20  by me at the election or elections as requested in this

 

21  application.

 

22        Are you a [UNITED STATES CITIZEN?      ] [  ] Yes [  ] No

 

23        The statutory grounds on which I base my request are:

 

24        [  ] I expect to be absent from the community in which I am

 

25  registered for the entire time the polls are open on election

 

26  day.

 

27        [  ] I am physically unable to attend the polls without the


 

 1  assistance of another.

 

 2        [  ] I cannot attend the polls because of the tenets of my

 

 3  religion.

 

 4        [  ] I have been appointed an election precinct inspector in

 

 5  a precinct other than the precinct where I reside.

 

 6        [  ] I am 60 years of age or older.

 

 7        [  ] I cannot attend the polls because I am confined to jail

 

 8  awaiting arraignment or trial.

 

 9        (Check applicable reason)

 

 

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     Send absent voter ballot to me at:

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     ...........................................

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                (Street No. or R.R.)

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     ...........................................

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     (Post Office)           (State)  (Zip Code)

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     My registered address .......................................

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                                    (Street No. or R.R.)

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                           .......................................

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                           (Post Office)       (State)  (Zip Code)

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     Date.........................................................

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     I declare certify that the statements in this absent voter

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     ballot application are true.

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                           .......................................

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                                         (Signature)

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                              WARNING

 

 

25        If you answer that you are not a citizen of the United

 

26  States, you will not be issued an absent voter ballot. If you do

 

27  not answer the citizenship question on this application, an

 

28  absent voter ballot will be issued to you, but the ballot will

 

29  not be counted unless you answer the citizenship question in

 


 1  writing to the clerk before the polls close on election day.

 

 2        A person making a false statement in this absent voter

 

 3  ballot application is guilty of a misdemeanor. It is a violation

 

 4  of Michigan election law for a person other than those listed in

 

 5  the instructions to return, offer to return, agree to return, or

 

 6  solicit to return your absent voter ballot application to the

 

 7  clerk. An assistant authorized by the clerk who receives absent

 

 8  voter ballot applications at a location other than the clerk's

 

 9  office of the clerk must have credentials signed by the clerk.

 

10  Ask to see his or her credentials before entrusting your

 

11  application with a person claiming to have the clerk's

 

12  authorization to return your application.

 

 

13

               Certificate of Authorized Registered

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                  Elector Returning Absent Voter

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                       Ballot Application

 

 

16        I certify that my name is .................... , my address

 

17  is .................... , and my date of birth is ............ ;

 

18  that I am delivering the absent voter ballot application of

 

19  .................... at his or her request; that I did not

 

20  solicit or request to return the application; that I have not

 

21  made any markings on the application; that I have not altered the

 

22  application in any way; that I have not influenced the applicant;

 

23  and that I am aware that a false statement in this certificate is

 

24  a violation of Michigan election law.

 

 

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   _____________             __________________________________

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         (Date)                          (Signature)"


 

 

 1        (6) The following instructions for an applicant for an

 

 2  absent voter ballot shall be included with each application

 

 3  furnished an applicant:

 

 

4

       INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

 

 5        Step 1. After completely filling out the application, sign

 

 6  and date the application in the place designated. Your signature

 

 7  must appear on the application or you will not receive an absent

 

 8  voter ballot.

 

 9        Step 2. Deliver the application by 1 of the following

 

10  methods:

 

11        (a) Place the application in an envelope addressed to the

 

12  appropriate clerk and place the necessary postage upon the return

 

13  envelope and deposit it in the United States mail or with another

 

14  public postal service, express mail service, parcel post service,

 

15  or common carrier.

 

16        (b) Deliver the application personally to the clerk's

 

17  office, of the clerk, to the clerk, or to an authorized assistant

 

18  of the clerk.

 

19        (c) In either (a) or (b), a member of the immediate family

 

20  of the voter including a father-in-law, mother-in-law, brother-

 

21  in-law, sister-in-law, son-in-law, daughter-in-law, grandparent,

 

22  or grandchild or a person residing in the voter's household may

 

23  mail or deliver the application to the clerk for the applicant.

 

24        (d) In the event If an applicant cannot return the

 

25  application in any of the above methods, the applicant may select


Senate Bill No. 803 (S-1) as amended June 12, 2012

 

 1  any registered elector to return the application. The person

 

 2  returning the application must sign and return the certificate at

 

 3  the bottom of the application.

 

 4        (7) A person who prints and distributes absent voter ballot

 

 5  applications shall print on the application the warning,

 

 6  certificate of authorized registered elector returning absent

 

 7  voter ballot application, and instructions required by this

 

 8  section.

 

 9        (8) A person who makes a false statement in an absent voter

 

10  ballot application is guilty of a misdemeanor. A person who

 

11  forges a signature on an absent voter ballot application is

 

12  guilty of a felony. A person who is not authorized in this act

 

13  and who both distributes absent voter ballot applications to

 

14  absent voters and returns those absent voter ballot applications

 

15  to a clerk or assistant of the clerk is guilty of a misdemeanor.

 

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    Senate Bill No. 803 as amended February 8, 2012

                        as amended June 12, 2012

 

 

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Senate Bill No. 803 (S-1) as amended June 12, 2012

 

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______________________________      ____________________________

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_______________________  __________________   ___________________

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    Senate Bill No. 803 as amended February 14, 2012

                        as amended June 12, 2012

 

 

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15        Sec. 766a. If an election is contested in a court, an absent

 

16  voter ballot that was not counted because the absent voter did

 

17  not answer the citizenship question in writing to the clerk

 

18  before the polls closed on election day, as required under

 

19  section 759, may be counted if the court determines that the

 

20  voter was a citizen at the time of the election in question.

<<[Enacting section 1. This amendatory act takes effect August 15,

    2012.                   ]>>