HB-6061, As Passed House, July 14, 2004
June 30, 2004, Introduced by Rep. Gaffney.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759a (MCL 168.759a), as amended by 1999 PA
216; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 759a. (1) A member of the armed services or an
2 overseas voter who is not registered, but possessed the
3 qualifications of an elector under section 492, other than the
4 requirement of residing in the city, township, or village on or
5 before the thirtieth day before the next regular, primary, or
6 special election, may apply for registration by using the federal
7 postcard application. The department of state, bureau of
8 elections, is responsible for disseminating information on the
9 procedures for registering and voting to absent armed services
10 and overseas voters.
1 (2) (1)
Except as provided in subsection (5), each Each of
2 the following persons who is a qualified elector of a city,
3 village, or township in this state and who is not a registered
4 voter may apply for an
absent voter ballot: pursuant to
5 section 504:
6 (a) A civilian employee of the armed services outside of the
7 United States.
8 (b) A member of the armed services outside of the United
9 States.
10 (c) A citizen of the United States temporarily residing
11 outside the territorial limits of the United States.
12 (d) A citizen of the United States residing in the District
13 of Columbia.
14 (e) A spouse or dependent of a person described in
15 subdivisions (a) through (d) who is a citizen of the United
16 States and who is
accompanying that person, notwithstanding
17 that even though the spouse or dependent is not a
qualified
18 elector of a city,
village, or township of this state, as long
19 as if that spouse or dependent is not a qualified
and registered
20 elector anywhere else in the United States.
21 (2) A citizen
described in subsection (1) other than a
22 person described in
subsection (1)(b) or a spouse or dependent of
23 such a person
described in subsection (1)(b) shall include, with
24 an application for an
absent voter ballot or registration, an
25 affidavit in a form
and manner approved by the state director of
26 elections stating
either of the following:
27 (a) His or her
qualifications as an elector at the time he or
1 she departed from the
United States or began residing in the
2 District of Columbia
and affirming that he or she has not
3 relinquished his or
her citizenship or established residence for
4 voting in any other
place.
5 (b) That he or she
is a spouse or dependent of a person
6 described in
subsection (1)(a), (c), or (d), that he or she meets
7 the qualifications as
an elector other than residency in this
8 state, and that he or
she has not established a residence for
9 voting in any other
place.
10 (3) Upon receipt of an application under this section that
11 complies with this act, a city, village, or township clerk shall
12 forward to the applicant the absent voter ballots requested, the
13 forms necessary for registration, and instructions for completing
14 the forms. If the ballots are not yet available at the time of
15 receipt of the application, the clerk shall immediately forward
16 to the applicant the registration forms and instructions, and
17 forward the ballots as soon as they are available. If the
18 ballots and registration forms are received before the close of
19 the polls on election day and if the registration complies with
20 the requirements of this act, the absent voter ballots shall be
21 delivered to the proper election board to be voted. If the
22 registration does not comply with the requirements of this act,
23 the clerk shall retain the absent voter ballots until the
24 expiration of the time that the voted ballots must be kept and
25 shall then destroy the ballots without opening the envelope. The
26 clerk may retain registration forms completed under this section
27 in a separate file. The address in this state shown on a
House Bill No. 6061 as amended July 6, 2004
1 registration form is the residence of the registrant.
2 (4) The size of a precinct shall not be determined by
3 registration forms completed under this section.
4 (5) A person
described in subsection (1)(a) and (b) and a
5 spouse or dependent of
that person who is accompanying that
6 person is registered
to vote in a special primary or special
7 general election if he
or she was registered to vote under this
8 section in the primary
or general election immediately preceding
9 the special primary or
special general election. The city or
10 township clerk who
received that person's completed registration
11 forms in the primary
or general election shall forward to that
12 person at his or her
last known address an absent voter ballot
13 for the special
primary or special general election immediately
14 upon the clerk's
receipt of the absent voter ballots for the
15 special primary or
special general election. A
qualified
16 elector, including a member of the armed services or an overseas
17 voter who registers to vote by federal postcard application under
18 subsection (1), who applies to vote as an absent voter by federal
19 postcard application is eligible to vote as an absent voter in
20 any local or state election, including any school election,
21 occurring in the calendar year in which the federal postcard
22 application is received by the city, village, or township clerk,
23 but not in an election for which the application is received by
24 the clerk after 2 p.m. of the Saturday before the election. A
25 city or township clerk receiving a federal postcard application
26 shall transmit to a village clerk and [school district election
27 coordinator], where applicable, the necessary information to enable
House Bill No. 6061 as amended July 6, 2004
1 the village clerk and [school district election coordinator] to forward
2 an absent voter ballot for each applicable election in that
3 calendar year to the qualified elector submitting the federal
4 postcard application. If the local elections official rejects a
5 registration or absent voter ballot application submitted on a
6 federal postcard application by an absent armed services or
7 overseas voter, the election official shall notify the armed
8 services or overseas voter of the rejection.
9 (6) Pursuant to Under
the uniformed and overseas citizens
10 absentee voting act, Public Law 99-410, 100 Stat. 924, the state
11 director of elections shall approve a ballot form and
12 registration procedures for electors in the armed services and
13 electors outside the United States, including the spouses and
14 dependents accompanying those electors.
15 (7) As used in this section, "armed services" means any of
16 the following:
17 (a) The United States army, navy, air force, marine corps, or
18 coast guard.
19 (b) The United States
merchant marines marine.
20 (c) A reserve component of an armed service listed in
21 subdivision (a) or (b).
22 (d) The Michigan national guard as defined in section 105 of
23 the Michigan military act, 1967 PA 150, MCL 32.505.
24 Enacting section 1. Section 504 of the Michigan election
25 law, 1954 PA 116, MCL 168.504, is repealed.