February 8, 2005, Introduced by Rep. Ward and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 495, 500a, and 759 (MCL 168.495, 168.500a, and
168.759), sections 495 and 500a as amended by 1995 PA 87 and
section 759 as amended by 1995 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 495. An individual who registers as an elector shall
complete
a registration application. The
registration affidavit
required
under section 493 application shall contain all of the
following:
(a) The name of the elector.
(b) The residence address of the elector, including the street
and number or rural route and box number and the apartment number,
if any.
(c) The birthplace and date of birth of the elector.
(d) The driver's license or state personal identification card
number of the elector, if available.
(e) A statement that the elector is a citizen of the United
States.
(f) A statement that the elector is at the time of completing
the
affidavit application, or will be on the date of the next
election, not less than 18 years of age.
(g) A statement that the elector has or will have lived in
this state not less than 30 days before the next election.
(h) A statement that the elector has or will have established
his or her residence in the township, city, or village in which the
elector is applying for registration not less than 30 days before
the next election.
(i) A statement that the elector is or will be a qualified
elector of the township, city, or village on the date of the next
election.
(j) A space in which the elector shall state the place of the
elector's last registration, if any.
(k) A space for the elector to sign and certify to the truth
of the statements on the registration application.
(l) A space for the elector to mark if the elector wishes to be
listed on a permanent absentee voters list.
Sec. 500a. (1) The secretary of state or the secretary of
state's
agent shall afford a person an
individual who appears in
a
department of state branch office or a person an individual who
applies for renewal of an operator's or chauffeur's license under
section
307 of the Michigan vehicle code, Act No. 300 of the
Public
Acts of 1949, being section 257.307 of the Michigan Compiled
Laws
1949 PA 300, MCL 257.307, an
opportunity to complete an
application
to register to vote or to change the person's
individual's voting registration name or address, if the applicant
possesses the qualifications of an elector on the date of
application or will possess the qualifications at the next
election. This subsection does not require a registered elector to
periodically
reregister or to renew his or her registration. The
application
for registration application made under this section
shall contain all of the following:
(a) The name of the applicant.
(b) The residence address of the applicant, including the
street and number or rural route and box number and apartment
number, if any.
(c) The city or township and county of residence of the
applicant, and the school district of the applicant, if known.
(d) The date of birth of the applicant.
(e) The birthplace of the applicant.
(f) The driver's license or state personal identification card
number of the applicant, if available.
(g) A statement that the applicant has the qualifications of
an elector as of the date of applying for registration, or will
have the qualifications of an elector at the next election.
(h) A statement that the registration is not effective until
processed by the clerk of the city or township in which the
applicant resides.
(i) A statement that the applicant, if qualified, may vote at
an election occurring not less than 30 days after the date of
completing the application.
(j) A space to indicate the applicant's last place of
registration, if any.
(k) A statement authorizing the cancellation of registration
at the applicant's last place of registration.
(l) A space for the applicant to sign and certify to the truth
of the statements on the application.
(m) A space for the applicant to mark if the applicant wishes
to be listed on a permanent absentee voters list.
(2) The applicant shall sign the registration application.
Upon
receipt of receiving the application, the agent shall sign
the application, stamp the application with a validation stamp, and
provide the applicant with a receipt verifying the registration
application. The agent shall promptly forward the application to
the county clerk of the applicant's residence or to a city or
township clerk designated by the secretary of state.
Sec. 759. (1) At any time during the 75 days before a primary
or special primary, but not later than 2 p.m. of the Saturday
immediately before the primary or special primary, an elector who
qualifies to vote as an absent voter, as defined in section 758,
may apply for an absent voter ballot. The elector shall apply in
person or by mail with the clerk of the township, city, or village
in which the elector is registered or, for a school election, with
the secretary of the school board of the school district in which
the elector resides. An application received before a primary or
special primary may be for either that primary only, or for that
primary and the election that follows.
(2) Except as otherwise provided in subsection (1), at any
time during the 75 days before an election, but not later than 2
p.m. of the Saturday before the election, an elector who qualifies
to vote as an absent voter, as defined in section 758, may apply
for an absent voter ballot. The elector shall apply in person or by
mail with the clerk of the township, city, or village in which the
voter is registered or, for a school election, with the secretary
of the school board of the school district in which the elector
resides.
(3) An application for an absent voter ballot under this
section may be made in any of the following ways:
(a)
By a written request signed by the voter elector
stating
the statutory grounds for making the application.
(b)
On an absent voter ballot application form provided for
that
purpose by the clerk of the city, township, or village or
the secretary of a school board provides to the elector.
(c) On a federal postcard application.
(4) Each city, township, or village clerk and secretary of a
school board shall compile and maintain a list of electors who
request to be listed on a permanent absentee voters list. For each
election conducted by a clerk or secretary of a school board, the
clerk or secretary of the school board shall mail or otherwise
provide an absent voter ballot application to each elector listed
on the permanent absentee voters list for that city, township,
village, or school district.
(5) (4)
An applicant for an absent voter
ballot shall sign
the
application. A clerk, or assistant clerk, or secretary of the
school board shall not deliver an absent voter ballot to an
applicant
who does not sign the application. A person other Other
than
the applicant; a member of the applicant's immediate family;
a
person an individual residing in the applicant's household; a
person
an individual whose job
normally includes the handling of
mail, but only during the course of his or her employment; a
registered elector requested by the applicant to return the
application; or a clerk, assistant of the clerk, or other
authorized election official, an individual shall not be in
possession of a signed absent voter ballot application. A
registered elector who is requested by the applicant to return his
or her absent voter ballot application shall sign the certificate
on the absent voter ballot application.
(6) (5)
The clerk of the city, township,
or village or the
secretary of a school board shall have absent voter ballot
application forms available in the office of the clerk or secretary
of the school board at all times and shall furnish an absent voter
ballot application form to anyone upon a verbal or written request.
The absent voter ballot application shall be in substantially the
following form:
"Application for absent voter ballot for:
[] The primary election or special primary election to be held
on
..... , 19... _____________________
[date].
[]
The election to be held on ..... , 19... _______________
[date].
(Check applicable election or elections)
I, .......... , a qualified and registered elector of the
..... precinct of the township of .......... or village of
.......... or of the .......... ward of the city of .......... , in
the county of .......... and state of Michigan, apply for an
official ballot, or ballots, to be voted by me at the election or
elections as requested in this application.
The statutory grounds on which I have my request are:
[] I expect to be absent from the community in which I am
registered for the entire time the polls are open on election day.
[] I am physically unable to attend the polls without the
assistance of another.
[] I cannot attend the polls because of the tenets of my
religion.
[] I have been appointed an election precinct inspector in a
precinct other than the precinct where I reside.
[] I am 60 years of age or older.
[] I cannot attend the polls because I am confined to jail
awaiting arraignment or trial.
(Check applicable reason)
Send absent voter ballot to me at:
.......................................
(Street No. or R.R.)
.......................................................
(Post Office) (State) (Zip Code)
My registered address..................................
(Street No. or R.R.)
..........................................
(Post Office) (State) (Zip Code)
Date ...................................................
I
declare certify that the statements in this absent voter
ballot application are true.
..........................................
(Signature)
WARNING
A person making a false statement in this absent voter ballot
application is guilty of a misdemeanor. It is a violation of
Michigan election law for a person other than those listed in the
instructions to return, offer to return, agree to return, or
solicit to return your absent voter ballot application to the
clerk. An assistant authorized by the clerk who receives absent
voter ballot applications at a location other than the office of
the clerk must have credentials signed by the clerk. Ask to see his
or her credentials before entrusting your application with a person
claiming to have the clerk's authorization to return your
application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is ...................., my address is
...................., and my date of birth is ............; that I
am delivering the absent voter ballot application of
.................... at his or her request; that I did not solicit
or request to return the application; that I have not made any
markings on the application; that I have not altered the
application in any way; that I have not influenced the applicant;
and that I am aware that a false statement in this certificate is a
violation of Michigan election law.
__________ _______________________________
(Date) (Signature)"
(7) (6)
The following instructions for an
applicant for an
absent voter ballot shall be included with each application
furnished an applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
Step 1. After completely filling out the application, sign and
date the application in the place designated. Your signature must
appear on the application or you will not receive an absent voter
ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in an envelope addressed to the
appropriate clerk or other appropriate election official and place
the necessary postage upon the return envelope and deposit it in
the United States mail or with another public postal service,
express mail service, parcel post service, or common carrier.
(b) Deliver the application personally to the office of the
clerk
, to the clerk, or to an authorized assistant of the clerk
or other election official.
(c)
In either For purposes of
subdivision (a) or (b), a member
of the immediate family of the voter including a father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-
in-law, grandparent, or grandchild or a person residing in the
voter's household may mail or deliver the application to the clerk
or other election official for the applicant.
(d)
In the event If an applicant cannot return the
application in any of the above methods, the applicant may select
any registered elector to return the application. The person
returning the application must sign and return the certificate at
the bottom of the application.
(8) (7)
A person who prints and
distributes absent voter
ballot applications shall print on the application the warning,
certificate of authorized registered elector returning absent voter
ballot application, and instructions required by this section.
(9) (8)
A person who makes a false
statement in an absent
voter ballot application is guilty of a misdemeanor. A person who
forges a signature on an absent voter ballot application is guilty
of a felony. A person who is not authorized in this act and who
both distributes absent voter ballot applications to absent voters
and
returns those absent voter ballot applications to a clerk or
assistant
of the clerk other election official is guilty of a
misdemeanor.