May 17, 2018, Introduced by Reps. Kesto, Lilly, Lower and Miller and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 3, 497c, 523, 523a, 811, 813, and 829 (MCL
168.3, 168.497c, 168.523, 168.523a, 168.811, 168.813, and 168.829),
section 3 as amended by 2003 PA 302, sections 497c, 523, 523a, and
813 as amended by 2018 PA 129, section 811 as amended by 2012 PA
271, and section 829 as amended by 2012 PA 523, and by adding
sections 523b and 523c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. As used in this act:
(a) "Locked and sealed" is defined in section 14.
(b) "Major political party" is defined in section 16.
(c) "Metal seal" or "seal" is defined in section 14a.
(d) "Name that was formally changed" means a name changed by a
proceeding under chapter XI of the probate code of 1939, 1939 PA
288, MCL 711.1 to 711.3, or former 1915 PA 314, or through a
similar, statutorily sanctioned procedure under the law of another
state or country.
(e) "Odd year general election" means the election held on the
November regular election date in an odd numbered year.
(f) "Odd year primary election" means the election held on the
August regular election date in an odd numbered year.
(g) "Primary" or "primary election" is defined in section 7.
(h) "Provisional ballot" means a special ballot utilized for
an individual that is tabulated only after verification of the
individual's eligibility to vote.
(i) (h)
"Qualified elector" is
defined in section 10.
(j) (i)
"Qualified voter file" is
defined in section 509m.
(k) (j)
"Regular election" means
an election held on a regular
election date to elect an individual to, or nominate an individual
for, elective office in the regular course of the terms of that
elective office.
(l) (k)
"Regular election date"
means 1 of the dates
established as a regular election date in section 641.
(m) (l) "Residence"
is defined in section 11.
Sec.
497c. (1) Subject to subsection (2), a person an
individual who applies in person to register to vote at a
department of state office, a designated voter registration agency,
the office of a county clerk, or the office of the clerk of the
city or township in which the applicant resides shall identify
himself or herself by presenting identification for election
purposes.
(2)
If a person an individual who applies in person to
register to vote as provided in subsection (1) does not possess
identification
for election purposes, the person individual may
sign an affidavit to that effect and be allowed to register to
vote.
However, the person remains individual
is, at a minimum,
subject to any applicable federal identification requirements under
the help America vote act of 2002 until those identification
requirements are satisfied.
Sec.
523. (1) Except as otherwise provided in subsection (2),
(4), at each election, before being given a ballot, each registered
elector offering to vote must identify himself or herself by
presenting identification for election purposes, and by executing
an application, on a form prescribed by the secretary of state, in
the presence of an election official that includes all of the
following:
(a) The name of the elector.
(b) The elector's address of residence.
(c) The elector's date of birth.
(d) An affirmative statement by the elector that is included
in the signature statement indicating that he or she is a citizen
of the United States.
(e) The elector's signature or mark.
(2) If an elector's signature contained in the qualified voter
file is available in the polling place, the election official shall
compare the signature upon the application with the digitized
signature provided by the qualified voter file. If an elector's
signature is not contained in the qualified voter file, the
election official shall process the application in the same manner
as applications are processed when a voter registration list is
used in the polling place. If voter registration lists are used in
the precinct, the election inspector shall determine if the name on
the application to vote appears on the voter registration list. If
the name appears on the voter registration list, the elector shall
provide further identification or other information stated upon the
voter registration list. If the signature or an item of information
does not correspond, the vote of the person must be challenged, and
the same procedure must be followed as provided in this act for the
challenging of an elector. If the elector does not have
identification for election purposes as required under this
section, the individual shall sign an affidavit to that effect
before
an election inspector and be allowed to vote as otherwise
provided
in this act. However, an elector being allowed to vote
without
identification for election purposes as required under this
section
is subject to challenge as provided in section 727.issued a
provisional ballot that is processed according to sections 523b and
813.
(3) If, upon a comparison of the signature or other
identification as required in this section, it is found that the
applicant is entitled to vote, the election officer having charge
of the registration list shall approve the application and write
his or her initials on the application, after which the number on
the ballot issued must be noted on the application. The application
serves as 1 of the 2 poll lists required to be kept as a record of
a person who has voted. The application must be filed with the
township, city, or village clerk. If voter registration cards are
used in the precinct, the date of the election must be noted by 1
of the election officials upon the precinct registration card of
each elector voting at an election. If voter registration lists are
used in the precinct, the election official shall clearly indicate
upon the list each elector voting at that election. The clerk of a
city, village, or township shall maintain a record of voting
participation for each registered elector.
(4) An elector who votes in person at a polling place located
at a for-profit or nonprofit residence or facility in which 150
persons or more aged 62 or older reside and that is where that
elector resides, and who does not have identification for election
purposes, may sign an affidavit to that effect before an election
inspector and be allowed to vote as otherwise provided in this act.
However, an elector who is allowed to vote without identification
for election purposes under this subsection is subject to challenge
as provided in section 727. In addition, the elector is subject to
any applicable federal identification requirements under the help
America vote act of 2002 until those identification requirements
are satisfied.
Sec. 523a. (1) If an individual who has applied to register to
vote on or before the close of registration appears at a polling
place on election day and completes an application under section
523 is not listed on the voter registration list, the election
inspector shall issue a ballot to the individual as follows:
(a) For an individual who presents a receipt issued by a
department of state office, a designated voter registration agency,
or the elector's county, city, or township clerk's office verifying
the acceptance of a voter registration application before the close
of registration and completes a new voter registration application,
the election inspector shall allow the individual to vote a ballot
in the same manner as an elector whose name is listed on the voter
registration list.
(b) For an individual who does not present a receipt verifying
the acceptance of a voter registration application under
subdivision (a), the election inspector shall determine whether the
individual is in the appropriate polling place based on residence
information provided by the individual. The election inspector
shall review any documents or maps in the polling place or
communicate with the city or township clerk to verify the
appropriate polling place for the individual. The election
inspector shall direct an individual who is not in the appropriate
polling place to the appropriate polling place. If the individual
refuses to go to the appropriate polling place, the election
inspector shall issue the individual a provisional ballot that is
processed
according to subsection (5).sections
523b and 813.
(2) Except for an individual who produces a receipt under
subsection (1)(a), the election inspector shall require an
individual who is not listed on the voter registration list to
execute a sworn statement affirming that the individual submitted a
voter registration application before the close of registration and
is eligible to vote in the election. An individual who provides
false information in a signed sworn statement under this subsection
is guilty of perjury. An individual signing a sworn statement shall
complete a new voter registration application. The individual shall
state the approximate date and in what manner the registration
application was submitted:
(a) To a department of state office.
(b) To a designated voter registration agency.
(c) To the office of his or her county, city, or township
clerk.
(d) By a mailed application.
(3) The election inspector shall contact the city or township
clerk to verify whether the individual who signed the sworn
statement under subsection (2) is listed in the registration
records of the jurisdiction or whether there is any information
contrary to the content of the sworn statement.
(4) If the city or township clerk verifies the elector
information and finds no information contrary to the information
provided by the individual in the sworn statement and the
individual presents identification for election purposes that
contains a current residence address to establish his or her
identity and residence address within the precinct, the individual
is permitted to vote a provisional ballot that is tabulated on
election day in the same manner as an elector whose name is listed
on the voter registration list, except that the election inspectors
shall process the ballot as a challenged ballot under sections 745
and 746.
(5) If the election inspector is not able to contact the city
or township clerk, the individual is not in the correct precinct,
or the individual is unable to present identification for election
purposes that contains a current residence address within the
precinct, the individual must be issued a provisional ballot that
is not tabulated on election day but is secured for verification
after the election according to sections 523b and 813. A
provisional
ballot must also be issued under this subsection to a
voter
an elector who presents identification for election purposes
that
does not bear the voter's elector's
current residence address,
if
the voter elector also presents a document to establish the
voter's
elector's current residence address. The election inspector
shall
must accept only
a document containing the name and
current
residence
address of the voter elector
as sufficient documentation
to issue a provisional ballot if it is 1 of the following
documents:
(a) A current utility bill.
(b) A current bank statement.
(c) A current paycheck, government check, or other government
document.
(6)
A provisional ballot must be placed in a provisional
ballot
return envelope prescribed by the secretary of state and
delivered
to the city or township clerk after the polls close in a
manner
as prescribed by the secretary of state.
(7)
For a provisional ballot voted under subsection (4), the
election
inspector shall provide the voter with a notice that his
or
her ballot has been tabulated. For a provisional ballot voted
under
subsection (5), the election inspector shall provide the
voter
with a notice that the voter's information will be verified
by
the clerk of the jurisdiction within 6 days after the election
to
determine whether the ballot will be tabulated and, if the
ballot
is not tabulated, to determine the reason it was not
tabulated.
A clerk of a jurisdiction shall provide a free access
system
for the voter to determine whether the ballot was tabulated.
The
free access system may include a telephone number that does not
require
a toll charge, a toll-free telephone number, an internet
website,
or a mailed notice.
(8)
As used in this section and sections 813 and 829,
"provisional
ballot" means a special ballot utilized for an
individual
who is not listed on the voter registration list at the
polling
place that is tabulated only after verification of the
individual's
eligibility to vote.
Sec. 523b. (1) Except for a provisional ballot that is voted
as provided in section 523a(4), a provisional ballot issued and
voted under section 523 or 523a must be placed in a provisional
ballot return envelope prescribed by the secretary of state and
delivered to the city or township clerk after the polls close in a
manner as prescribed by the secretary of state.
(2) For a provisional ballot voted under section 523 or 523a,
except for a provisional ballot that is voted as provided in
section 523a(4), the election inspector shall provide the voter
with a notice that the voter's information will be verified by the
clerk of the jurisdiction within 6 days after the election and a
determination made on whether the provisional ballot will be
tabulated, as provided in section 813. A clerk of a jurisdiction
shall provide a free access system for the voter to determine
whether the provisional ballot was tabulated. The free access
system may include a telephone number that does not require a toll
charge, a toll-free telephone number, an internet website, or a
mailed notice.
Sec. 523c. (1) For the 2017-2018 fiscal year, $5,000,000.00 is
appropriated from the general fund to the department of state for
reimbursement to cities and townships, as determined by the
secretary of state, for election modernizations including
electronic poll book equipment, polling place efficiencies, voter
education, dividing precincts, or implementation of the voter
identification provisions.
(2) For the 2017-2018 fiscal year, $2,000,000.00 is
appropriated from the general fund to the department of state to
cooperate with cities and townships for auditing and verifying
affidavits establishing identity or residency executed by electors.
(3) For the 2017-2018 fiscal year, $1,000,000.00 is
appropriated from the general fund to the department of state for
reimbursement to cities and townships, as determined by the
secretary of state, for documented and necessary increases in
record retention or document generation, handling, and transmittal
costs.
Sec. 811. All election returns, including poll lists,
statements, tally sheets, absent voters' return envelopes bearing
the statement required by section 761, absent voters' records
required by section 760, and other returns made by the inspectors
of
election of the several precincts shall must be carefully
preserved and may be destroyed after the expiration of 2 years
following the primary or election at which the same were used. All
applications
executed under section 523, and all
sworn statements
executed
under section 523a, all absent voters'
applications, shall
and all affidavits executed under sections 497c(2) and 813(1) must
be carefully preserved and may be destroyed after the expiration of
6 years following the primary or election at which those
applications or affidavits were executed. However, after 2 years
following the primary or election at which they were executed, a
city or township may opt to retain any affidavits executed under
sections 523 and 813(1) solely in electronic form. All ballots used
at any primary or election may be destroyed after 30 days following
the final determination of the board of canvassers with respect to
the primary or election unless a petition for recount has been
filed and not completed, notice of intent to audit has been
provided
by the secretary of state, or unless
their destruction is
stayed by an order of a court.
Sec. 813. (1) Within 6 days after an election, for each
provisional ballot that was placed in a provisional ballot return
envelope as provided under section 523b(1), the city or township
clerk shall determine whether the individual voting the provisional
ballot was eligible to vote a ballot and whether to tabulate the
provisional ballot. In making this determination, the city or
township clerk shall not open the provisional ballot return
envelope. A provisional ballot must only be tabulated if a valid
voter registration record for the elector is located and the
identity of the elector is established using identification for
election purposes or if the identity and residence of the elector
is established using identification for election purposes, along
with
a current utility bill, bank statement, paycheck, government
check,
or other government document to establish the voter's
current
residence address if the identification for election
purposes
used by the elector does not contain the voter's current
residence
address. document to
establish the elector's current
address if the identification for election purposes used by the
elector does not contain the elector's current residence address.
If an elector fails to establish his or her identity or residency
before the polls close on election day, the elector's identity and
residency can only be established by the elector personally
appearing before the clerk of the jurisdiction not later than 12
noon on the sixth day after the election and doing any of the
following:
(a) Presenting identification for election purposes that
contains a current residence address within the precinct where the
provisional ballot was cast and executing an affidavit, on a form
prescribed by the secretary of state, affirming under penalty of
perjury that the elector is the same individual who cast the
provisional ballot.
(b) Presenting identification for election purposes along with
a document to establish the elector's current residence address
within the precinct where the provisional ballot was cast and
executing an affidavit, on a form prescribed by the secretary of
state, affirming under penalty of perjury that the elector is the
same individual who cast the provisional ballot.
(c) Subject to subsection (2), presenting a document to
establish the elector's current residence address within the
precinct where the provisional ballot was cast and executing an
affidavit, on a form prescribed by the secretary of state,
affirming under penalty of perjury that the elector is the same
individual who cast the provisional ballot and that elector has a
bona fide religious objection to being photographed and does not
possess identification for election purposes.
(d) Subject to subsection (2), executing an affidavit, on a
form prescribed by the secretary of state, affirming under penalty
of perjury that the elector resides within the precinct where the
provisional ballot was cast, is the same individual who cast the
provisional ballot, and is indigent and attempted but was unable to
obtain identification for election purposes without payment of a
fee.
(2) An elector seeking to establish identity or residence
under subsection (1)(c) or (d) who is subject to any applicable
federal identification requirements under the help America vote act
of 2002 must also satisfy those identification requirements in
conjunction with the execution of the affidavit.
(3) Before the provisional ballot is tabulated, election
officials shall process the ballot as a challenged ballot under
sections 745 and 746.
(4) (2)
Within 7 days after an election,
but sooner if
practicable, the city or township clerk shall transmit the results
of provisional ballots tabulated after the election to the board of
county canvassers. The results must be transmitted in a form
prescribed by the secretary of state.
(5) (3)
Within 7 days after an election,
the city or township
clerk shall transmit to the county clerk a provisional ballot
report for each precinct in the jurisdiction. The report must
include for each precinct the number of provisional ballots issued,
the number of provisional ballots tabulated on election day, the
number of provisional ballots forwarded to the clerk to be
determined after the election, the number of provisional ballots
tabulated by the clerk after election day, and any additional
information concerning provisional ballots as required by the
secretary of state.
(6) (4)
Within 7 days after an election,
the city or township
clerk shall transmit to the county clerk an affidavit report that
includes both the number of affidavits signed by voters under
section
523(2). 523(4) and the
number of affidavits executed by
electors under subsection (1)(c) and (d). The affidavit report must
be transmitted to the county clerk in a form prescribed by the
secretary of state.
(7) A city or township clerk shall make available to the
secretary of state any affidavits signed by electors under section
523(4) or affidavits executed under subsection (1)(c) or (d) or
shall make available the name and residence information for an
elector who signed an affidavit, along with his or her registration
information, on a form prescribed by the secretary of state, for
auditing or verification purposes.
(8) As used in this section, "document to establish the
elector's current residence address" means only a current utility
bill, current bank statement, current paycheck, current government
check, or other current government document, if the document
contains both the elector's name and current residence address.
Sec. 829. (1) The board of county canvassers shall include the
results of the tabulated provisional ballots in the canvass of the
election following procedures prescribed by the secretary of state
designed to maintain the secrecy of the ballot.
(2) Within 14 days after a primary or election, the county
clerk shall transmit a county provisional ballot report to the
secretary
of state. The county provisional ballot report shall must
be in a manner prescribed by the secretary of state. After the
secretary of state receives a county provisional ballot report, the
county
provisional ballot report shall must
be immediately
available for public inspection.
(3) Within 14 days after an election, the county clerk shall
transmit a county affidavit report to the secretary of state. The
county
affidavit report shall must
include the number of affidavits
signed
by voters under section 523(2). 523(4)
and the number of
affidavits executed by electors under section 813(1)(c) and (d).
The
county affidavit report shall must
be transmitted in a form
prescribed by the secretary of state. After the secretary of state
receives the county affidavit report from the county clerk, the
county
affidavit report shall must
immediately be available for
public inspection.
Enacting section 1. This amendatory act takes effect June 1,
2019.