HOUSE BILL No. 5956

 

November 13, 2014, Introduced by Reps. MacMaster, Franz and Genetski and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 495, 500a, 509q, 509gg, 523, 570, and 576

 

(MCL 168.495, 168.500a, 168.509q, 168.509gg, 168.523, 168.570,

 

and 168.576), sections 495 and 500a as amended by 1995 PA 87,

 

section 509q as amended by 2012 PA 586, section 509gg as amended

 

by 2014 PA 94, section 523 as amended by 2012 PA 523, section 570

 

as amended by 1985 PA 160, and section 576 as amended by 1996 PA

 

213, and by adding section 495b; and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 495. (1) The forms used for voter registration

 

 2  affidavit required under section 493 shall contain all of the

 

 3  following:

 

 4        (a) The name of the elector.


 

 1        (b) The residence address of the elector, including the

 

 2  street and number or rural route and box number and the apartment

 

 3  number, if any.

 

 4        (c) The birthplace and date of birth of the elector.

 

 5        (d) The driver's license or state personal identification

 

 6  card number of the elector, if available.

 

 7        (e) A statement that the elector is a citizen of the United

 

 8  States.

 

 9        (f) A statement that the elector is at the time of

 

10  completing the affidavit, registration, or will be on the date of

 

11  the next election, not less than 18 years of age.

 

12        (g) A statement that the elector has or will have lived in

 

13  this state not less than 30 days before the next election.

 

14        (h) A statement that the elector has or will have

 

15  established his or her residence in the township, city, or

 

16  village in which the elector is applying for registration not

 

17  less than 30 days before the next election.

 

18        (i) A statement that the elector is or will be a qualified

 

19  elector of the township, city, or village on the date of the next

 

20  election.

 

21        (j) A space in which the elector shall state the place of

 

22  the elector's last registration, if any.

 

23        (k) For the purpose of voting in a primary election or

 

24  presidential primary election, a space for the elector to declare

 

25  a party preference.

 

26        (2) The secretary of state or the secretary of state's agent

 

27  shall print a notice that shall be provided to each person


 

 1  applying for registration. The notice shall contain all of the

 

 2  following information:

 

 3        (a) That, for purpose of voting in a primary election or

 

 4  presidential primary election, the elector must declare a party

 

 5  preference.

 

 6        (b) That, if the elector prefers to register with no party

 

 7  preference, the elector is not eligible to vote in a primary

 

 8  election or presidential primary election unless the elector

 

 9  declares a party preference at least 30 days before the primary

 

10  election or presidential primary election.

 

11        (c) That, even if currently registered to vote, the elector

 

12  is not eligible to vote in a primary election or presidential

 

13  primary election unless the elector declares in writing to the

 

14  city or township clerk a party preference at least 30 days before

 

15  the primary election or presidential primary election.

 

16        (d) That, if the elector declares a party preference or

 

17  declares that the elector has no party preference, that

 

18  declaration of preference remains as that elector's preference

 

19  until the elector changes his or her party preference or declares

 

20  that he or she has no party preference on a form prescribed by

 

21  the secretary of state or in writing to the city or township

 

22  clerk.

 

23        (3) The city or township clerk shall provide each elector

 

24  who votes in an election in that city or township the notice

 

25  required under subsection (2) on a form prescribed by the

 

26  secretary of state on which an elector may declare his or her

 

27  party preference or that the elector has no party preference for


 

 1  the purpose of voting in a primary election or presidential

 

 2  primary election.

 

 3        (4) The secretary of state shall provide each county clerk

 

 4  for distribution to the city or township clerks in the county a

 

 5  sufficient number of the notices required for distribution to

 

 6  electors under subsections (2) and (3).

 

 7        Sec. 495b. A person making a request under the freedom of

 

 8  information act, 1976 PA 442, MCL 15.231 to 15.246, is not

 

 9  entitled to receive a copy of a portion of a voter registration

 

10  record that contains a declaration of party preference or no

 

11  party preference of an elector. A clerk or any other person shall

 

12  not release a copy of a portion of a voter registration record

 

13  that contains a declaration of party preference or no party

 

14  preference of an elector.

 

15        Sec. 500a. (1) The secretary of state or the secretary of

 

16  state's agent shall afford a person who appears in a department

 

17  of state branch office or a person who applies for renewal of an

 

18  operator's or chauffeur's license under section 307 of the

 

19  Michigan vehicle code, Act No. 300 of the Public Acts of 1949,

 

20  being section 257.307 of the Michigan Compiled Laws, 1949 PA 300,

 

21  MCL 257.307, an opportunity to complete an application to

 

22  register to vote or to change the person's voting registration

 

23  name, or address, or, for the purpose of voting in a primary

 

24  election or presidential primary election, party preference, if

 

25  the applicant possesses the qualifications of an elector on the

 

26  date of application or will possess the qualifications at the

 

27  next election. This subsection does not require a registered


 

 1  elector to periodically reregister or to renew his or her

 

 2  registration. The application for registration made under this

 

 3  section shall contain all of the following:

 

 4        (a) The name of the applicant.

 

 5        (b) The residence address of the applicant, including the

 

 6  street and number or rural route and box number and apartment

 

 7  number, if any.

 

 8        (c) The city or township and county of residence of the

 

 9  applicant, and the school district of the applicant, if known.

 

10        (d) The date of birth of the applicant.

 

11        (e) The birthplace of the applicant.

 

12        (f) The driver's license or state personal identification

 

13  card number of the applicant, if available.

 

14        (g) A statement that the applicant has the qualifications of

 

15  an elector as of the date of applying for registration, or will

 

16  have the qualifications of an elector at the next election.

 

17        (h) A space for the applicant to declare, for the purpose of

 

18  voting in a primary election or presidential primary election, a

 

19  party preference or that the applicant has no party preference.

 

20        (i) (h) A statement that the registration is not effective

 

21  until processed by the clerk of the city or township in which the

 

22  applicant resides.

 

23        (j) (i) A statement that the applicant, if qualified, may

 

24  vote at an election occurring not less than 30 days after the

 

25  date of completing the application.

 

26        (k) (j) A space to indicate the applicant's last place of

 

27  registration, if any.


 

 1        (l) (k) A statement authorizing the cancellation of

 

 2  registration at the applicant's last place of registration.

 

 3        (m) (l) A space for the applicant to sign and certify to the

 

 4  truth of the statements on the application.

 

 5        (2) The applicant shall sign the application. Upon receipt

 

 6  of the application, the agent shall sign the application, stamp

 

 7  the application with a validation stamp, and provide the

 

 8  applicant with a receipt verifying the registration application.

 

 9  The agent shall promptly forward the application to the county

 

10  clerk of the applicant's residence or to a city or township clerk

 

11  designated by the secretary of state.

 

12        Sec. 509q. The qualified voter file shall contain all of the

 

13  following information for each qualified voter:

 

14        (a) The name; residence address including house number and

 

15  street name or rural route and box number, and the apartment

 

16  number, if any; city; state; zip code; and date of birth.

 

17        (b) The driver's license number or state personal

 

18  identification card number or similar number issued by a

 

19  designated voter registration agency.

 

20        (c) Jurisdictional information including county and city or

 

21  township; village, if any; metropolitan district, if any; and

 

22  school district.

 

23        (d) Precinct numbers and ward numbers, if any.

 

24        (e) Any other information that the secretary of state

 

25  determines is necessary to assess the eligibility of qualified

 

26  electors or to administer voter registration or other aspects of

 

27  the election process.


 

 1        (f) Voting history for a 5-year period.

 

 2        (g) The most recent digitized signature of an elector if

 

 3  captured or reproduced by the secretary of state or a county,

 

 4  city, or township clerk from a voter registration application

 

 5  pursuant to section 509hh, or captured or reproduced by the

 

 6  secretary of state pursuant to section 307 of the Michigan

 

 7  vehicle code, 1949 PA 300, MCL 257.307.

 

 8        (h) The declaration of party preference or no party

 

 9  preference of an elector.

 

10        Sec. 509gg. (1) The information described in this subsection

 

11  that is contained in a registration record is exempt from

 

12  disclosure under the freedom of information act, 1976 PA 442, MCL

 

13  15.231 to 15.246. The secretary of state, a designated voter

 

14  registration agency, or a county, city, township, or village

 

15  clerk shall not release a copy of that portion of a registration

 

16  record that contains any of the following:

 

17        (a) The record that a person declined to register to vote.

 

18        (b) The office that received a registered voter's

 

19  application.

 

20        (c) A registered voter's driver's license or state personal

 

21  identification card number.

 

22        (d) The month and day of birth of a registered voter.

 

23        (e) The telephone number provided by a registered voter.

 

24        (f) The digitized signature of an elector that is captured

 

25  or reproduced and transmitted to the qualified voter file by the

 

26  secretary of state or a county, city, or township clerk under

 

27  section 509hh or by the secretary of state under section 307 of


 

 1  the Michigan vehicle code, 1949 PA 300, MCL 257.307.

 

 2        (g) The declaration of party preference or no party

 

 3  preference of an elector.

 

 4        (2) Except as otherwise provided in this subsection, the

 

 5  last 4 digits of a registered voter's social security number

 

 6  contained in a registration record are exempt from disclosure

 

 7  under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

 8  15.246. The last 4 digits of a registered voter's social security

 

 9  number contained in a registration record may only be used by the

 

10  secretary of state to verify a registered voter's data as

 

11  provided by the help America vote act of 2002 and to verify a

 

12  registered voter's status under this act, and shall not be used

 

13  or released for any other purpose.

 

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

 

15  each registered elector offering to vote shall identify himself

 

16  or herself by presenting an official state identification card

 

17  issued to that individual under 1972 PA 222, MCL 28.291 to

 

18  28.300, an operator's or chauffeur's license issued to that

 

19  individual under the Michigan vehicle code, 1949 PA 300, MCL

 

20  257.1 to 257.923, or other generally recognized picture

 

21  identification card and by executing an application, on a form

 

22  prescribed by the secretary of state, in the presence of an

 

23  election official which includes all of the following:

 

24        (a) The name of the elector.

 

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

 

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

 

27        (d) An affirmative statement by the elector that is included


 

 1  in the signature statement indicating that he or she is a citizen

 

 2  of the United States.

 

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

 

 4        (2) If an elector's signature contained in the qualified

 

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

 

 6  official shall compare the signature upon the application with

 

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

 

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

 

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

 

10  same manner as applications are processed when a voter

 

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

 

12  registration lists are used in the precinct, the election

 

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

 

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

 

15  the voter registration list, the elector shall provide further

 

16  identification or other information stated upon the voter

 

17  registration list. If the signature or an item of information

 

18  does not correspond, the vote of the person shall be challenged,

 

19  and the same procedure shall be followed as provided in this act

 

20  for the challenging of an elector. If the elector does not have

 

21  an official state identification card, operator's or chauffeur's

 

22  license, or other generally recognized picture identification

 

23  card as required under this subsection, the individual shall sign

 

24  an affidavit to that effect before an election inspector and be

 

25  allowed to vote as otherwise provided in this act. However, an

 

26  elector being allowed to vote without the identification required

 

27  under this subsection is subject to challenge as provided in


 

 1  section 727.

 

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

 

 3  identification as required in this section, it is found that the

 

 4  applicant is entitled to vote, the election officer having charge

 

 5  of the registration list shall approve the application and write

 

 6  his or her initials on the application, after which the number on

 

 7  the ballot issued shall be noted on the application. The

 

 8  application shall serve as 1 of the 2 poll lists required to be

 

 9  kept as a record of a person who has voted. The application shall

 

10  be filed with the township, city, or village clerk. If voter

 

11  registration cards are used in the precinct, the date of the

 

12  election shall be noted by 1 of the election officials upon the

 

13  precinct registration card of each elector voting at an election.

 

14  If voter registration lists are used in the precinct, the

 

15  election official shall clearly indicate upon the list each

 

16  elector voting at that election. The clerk of a city, village, or

 

17  township shall maintain a record of voting participation for each

 

18  registered elector.

 

19        (4) In addition to the requirements of subsections (1) and

 

20  (2), the election official in a primary election or presidential

 

21  primary election shall only allow an elector to vote the primary

 

22  election ballot or presidential primary election ballot of the

 

23  party preference shown on the precinct registration file of that

 

24  elector. If an elector is registered with no party preference

 

25  shown on the precinct registration file of that elector, the

 

26  elector shall not be allowed to vote a primary ballot or

 

27  presidential primary ballot.


 

 1        (5) The record maintained by the clerk of a city or township

 

 2  under subsection (3) shall contain the name of the party ballot

 

 3  voted under subsection (4) by the elector at the primary election

 

 4  or presidential primary election.

 

 5        Sec. 570. Paper ballots shall be numbered consecutively and

 

 6  identified by use of the words "official primary ballot" on the

 

 7  upper right hand corner upon the front of the ballot with a

 

 8  perforated line across the corner and underneath the number and

 

 9  identification so that the corner with the number and

 

10  identification may be torn off. The detachable corner stub shall

 

11  serve for the several party tickets and the ballot number shall

 

12  be printed upon the stub on 1 side only. A political party

 

13  designation shall not appear upon a ballot corner so that is

 

14  numbered and identified. After the ballots are trimmed and

 

15  wrapped in sealed packages, they shall be distributed for use at

 

16  the primary election in the same manner as is now provided by law

 

17  for the distribution of ballots to be used at general elections.

 

18  Ballots shall be prepared in substantially the following form:

 

 

19                                       OFFICIAL PRIMARY BALLOT

20                                              No.  ............

21                  OFFICIAL PRIMARY ELECTION BALLOT

22   Primary election to be held .................. 19 (Date)...

23 in the county of ..........................................  .

24                                         ...............party.

25                                         (Vignette)

26   You cannot split your ticket. If you vote for candidates on

27 more than 1 party ticket, your ballot will be rejected.


  Make a cross or a check mark in the square to the left of

not more than the number of names for each office as may be

indicated under the title of each office.

______________________________________________________________

            State.                         Legislative.

______________________________________________________________

           Governor.                      State Senator.

                                     .................District.

  Vote for not more than one.      Vote for not more than one.

10 ______________________________________________________________

11 [ ] 1 John Doe                   [ ] 7 John Doe

12 ______________________________________________________________

13 [ ] 2 Richard Roe                [ ] 8 Richard Roe

14 ______________________________________________________________

15 [ ]                              [ ]

16 ______________________________________________________________

17          Congressional.                Representative in State

18 ________________________________             Legislature.

19    United States Senator.....        .................District.

20   Vote for not more than one.      Vote for not more than one.

21 ______________________________________________________________

22 [ ] 3 John Doe                   [ ] 9 John Doe

23 ______________________________________________________________

24 [ ] 4 Richard Roe                [ ] 10 Richard Roe

25 ______________________________________________________________

26 [ ]                              [ ]

27 ______________________________________________________________

28   Representative in Congress.               County.

29 .................... District.       Prosecuting Attorney.

30   Vote for not more than one.      Vote for not more than one.

31 ______________________________________________________________


[ ] 5 John Doe                   [ ] 11 John Doe

______________________________________________________________

[ ] 6 Richard Roe                [ ] 12 Richard Roe

______________________________________________________________

[ ]                              [ ]

______________________________________________________________

 

 

 7        Sec. 576. (1) An elector, after having received a ballot or

 

 8  ballots, shall enter a booth or voting compartment and, while

 

 9  there concealed from view, shall vote the ballot or ballots by

 

10  making a cross or a check mark in the square at the left of the

 

11  names of those candidates for whom the elector desires to vote,

 

12  but in no case for more candidates for any an office than is

 

13  indicated under the title of each office. However, an elector may

 

14  vote for a person whose name is not printed on the ballot by

 

15  inserting the name in a manner that will substitute it for any

 

16  another name that is printed on the ballot or where no

 

17  candidate's name appears upon the ballot.

 

18        (2) The elector shall indicate his or her choice of

 

19  candidate son 1 party ticket only and, after marking the ballot,

 

20  the elector shall fold it for deposit pursuant to the provisions

 

21  of this act. A ballot on which more than 1 party ticket has been

 

22  voted is void.

 

23        (3) This section is subject to section 736a.

 

24        Enacting section 1. Section 615c of the Michigan election

 

25  law, 1954 PA 116, MCL 168.615c, is repealed.