SENATE BILL No. 28

 

 

January 16, 2013, Introduced by Senators BIEDA, ANDERSON, WARREN, WHITMER, YOUNG, GREGORY, HOOD, JOHNSON and HOPGOOD and referred to the Committee on Local Government and Elections.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 509v, 509w, and 509x (MCL 168.509v, 168.509w,

 

and 168.509x), as added by 1994 PA 441.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 509v. (1) A person who is not registered to vote at the

 

address where he or she resides may apply to register to vote by

 

submitting an application at any of the following locations:

 

     (a) The office of the clerk of a county or the office of the

 

clerk of the city or township in which the applicant resides,

 

during regular office hours of that clerk.

 

     (b) A department of state office.

 

     (c) A designated voter registration agency when submitting an

 

application, recertification, renewal, or change of address at the

 

voter registration agency.


 

     (2) A person who is not registered to vote at the address

 

where he or she resides may apply for registration by submitting a

 

completed mail registration application. A person may request a

 

mail registration application from and submit the application to

 

any of the following:

 

     (a) The secretary of state.

 

     (b) The clerk of the county, city, or township in which the

 

applicant resides.

 

     (c) A designated voter registration agency.

 

     (3) Not later than June 30, 2013, the secretary of state shall

 

develop and implement a system to allow an applicant to submit a

 

voter registration application electronically on the secretary of

 

state's website.

 

     (4) Beginning July 1, 2013, a person who is not registered to

 

vote at the address where he or she resides may submit a voter

 

registration application electronically on the secretary of state's

 

website.

 

     (5) A person who submits a voter registration application

 

electronically pursuant to subsection (4) shall do all of the

 

following:

 

     (a) Attest to the truth of the information provided on the

 

voter registration application by affirmatively accepting the

 

information as true.

 

     (b) Affirmatively assent to the use of his or her most recent

 

digitized signature if captured or reproduced by the secretary of

 

state pursuant to section 307 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.307, or if captured or reproduced by the secretary of


 

state pursuant to 1972 PA 222, MCL 28.291 to 28.300.

 

     (c) Sign the voter registration application with an electronic

 

signature. As used in this subdivision, "electronic signature"

 

means that term as defined in section 2 of the uniform electronic

 

transactions act, 2000 PA 305, MCL 450.832.

 

     (6) If a person who submits a voter registration application

 

electronically does not have an official state identification card

 

issued pursuant to 1972 PA 222, MCL 28.291 to 28.300, or an

 

operator's or chauffeur's license issued pursuant to the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, the voter

 

registration application submitted electronically by that person

 

shall be considered a registration by mail and that person shall

 

comply with the requirements in section 509t.

 

     (7) The secretary of state may implement additional security

 

measures to ensure the accuracy and integrity of the voter

 

registrations submitted electronically.

 

     (8) The secretary of state shall promulgate rules pursuant to

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, to implement the provisions of subsections (3) to (7).

 

     Sec. 509w. (1) The person processing an application submitted

 

in person at a department of state office, a designated voter

 

registration agency, or the office of a county clerk shall do all

 

of the following:

 

     (a) Validate the application in the manner prescribed by the

 

secretary of state.

 

     (b) Issue a receipt to the applicant verifying the acceptance

 

of the application.


 

     (2) The person processing an application submitted

 

electronically pursuant to section 509v shall do all of the

 

following:

 

     (a) Validate the application in the manner prescribed by the

 

secretary of state.

 

     (b) Issue a receipt to the applicant in the manner prescribed

 

by the secretary of state verifying the acceptance of the

 

application.

 

     (3) (2) Except as otherwise provided in subsection (3) (4),

 

the department of state office, the designated voter registration

 

agency, or the county clerk shall transmit the application not

 

later than 7 days after receipt of the application to the clerk of

 

the county, city, or township where the applicant resides.

 

     (4) (3) If an application under subsection (1) or (2) is made

 

within 7 days before the close of registration for a federal

 

election, the department of state office, the designated voter

 

registration agency, or the county clerk shall transmit the

 

application not later than 1 business day to the clerk of the

 

county, city, or township where the applicant resides.

 

     (5) (4) If a completed application is transmitted by the

 

secretary of state or a designated voter registration agency to a

 

county clerk, the secretary of state, to the extent funds are

 

appropriated, shall compensate the county clerk for the cost of

 

forwarding the application to the proper city or township clerk of

 

the applicant's residence from funds appropriated to the secretary

 

of state for that purpose.

 

     Sec. 509x. An application for registration is considered to be


 

received on or before the close of registration , if 1 of the

 

following requirements is met:

 

     (a) An application is received at a department of state

 

office, a designated voter registration agency, or the office of a

 

county, city, or township clerk on or before the close of

 

registration.

 

     (b) An application is received through the mail that is

 

postmarked on or before the close of registration.

 

     (c) An application is received through the mail on or before

 

the seventh day immediately following the close of registration, if

 

the postmark is missing or is unclear and the application, on its

 

face, is dated by the applicant on or before the close of

 

registration. The clerk shall consider an application received

 

pursuant to this subdivision as received before the close of

 

registration.

 

     (d) An application is received electronically pursuant to

 

section 509v on or before the close of registration.