September 14, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 744 and 931 (MCL 168.744 and 168.931), section
744 as amended by 1995 PA 261 and section 931 as amended by 1996 PA
583, and by adding section 736b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 736b. (1) Except as provided in section 736a, on the day
of an election, only the following persons shall be allowed to
enter an election precinct polling place:
(a) A qualified elector voting at the election precinct
polling place.
(b) An election official.
(c) A challenger who is approved under section 731.
(2) A person who violates this section is guilty of a
misdemeanor.
Sec. 744. (1) An election inspector or any other person in
the
a polling room,
or in a
compartment connected to the a
polling
room, or within 100 feet from any entrance to the building
in
which the polling place is located in
a campaign-free zone
shall not persuade or endeavor to persuade a person to vote for or
against
any particular candidate or party ticket , or
for or
against any ballot question that is being voted on at the election.
A person shall not place or distribute stickers, other than
stickers
provided by the election officials pursuant to law, in
the
a polling room,
or in a
compartment connected to the a
polling
room, or within 100 feet from any entrance to the building
in
which the polling place is located in
a campaign-free zone.
(2) A person shall not solicit donations, gifts,
contributions,
purchase of tickets, or similar demands, or
request or obtain signatures on petitions, distribute anything of
value,
or distract a voter in the
a polling room,
or in a
compartment
connected to the a
polling room, or within
100 feet
from
any entrance to the building in which the polling place is
located
in a campaign-free zone.
(3) On election day, a person shall not post, display, or
distribute in a polling place, in any hallway used by voters to
enter
or exit a polling place, or within 100 feet of an entrance
to
a building in which a polling place is located in a campaign-
free zone any material that directly or indirectly makes reference
to an election, a candidate, or a ballot question. This subsection
does not apply to official material that is required by law to be
posted, displayed, or distributed in a polling place on election
day.
(4) A person who violates this section is guilty of a
misdemeanor.
(5) An organization shall not require, solicit, induce, or
intimidate a person to violate subsection (1), (2), or (3). An
organization that violates this subsection is subject to a civil
fine of not more than $1,000.00 for each violation.
(6) As used in this section, "campaign-free zone" means the
area within 100 feet of an entrance to a building in which a
polling place is located.
Sec. 931. (1) A person who violates 1 or more of the following
subdivisions is guilty of a misdemeanor:
(a) A person shall not, either directly or indirectly, give,
lend,
or promise valuable consideration
, to or
for any person ,
as an inducement to influence the manner of voting by a person
relative
to a candidate or ballot question
, or as
a reward for
refraining from voting.
(b) A person shall not, either before, on, or after an
election, for the person's own benefit or on behalf of any other
person, receive, agree, or contract for valuable consideration for
1 or more of the following:
(i) Voting or agreeing to vote, or inducing or attempting to
induce another to vote, at an election.
(ii) Refraining or agreeing to refrain, or inducing or
attempting to induce another to refrain, from voting at an
election.
(iii) Doing anything prohibited by this act.
(iv) Both distributing absent voter ballot applications to
voters and receiving signed applications from voters for delivery
to the appropriate clerk or assistant of the clerk. This
subparagraph does not apply to an authorized election official.
(c) A person shall not solicit any valuable consideration from
a candidate for nomination for, or election to, an office described
in this act. This subdivision does not apply to requests for
contributions of money by or to an authorized representative of the
political party committee of the organization to which the
candidate belongs. This subdivision does not apply to a regular
business transaction between a candidate and any other person that
is not intended for, or connected with, the securing of votes or
the influencing of voters in connection with the nomination or
election.
(d) A person shall not, either directly or indirectly,
discharge or threaten to discharge an employee of the person for
the purpose of influencing the employee's vote at an election.
(e) A priest, pastor, curate, or other officer of a religious
society shall not, for the purpose of influencing a voter at an
election, impose or threaten to impose upon the voter a penalty of
excommunication,
dismissal, or expulsion , or command or advise
the
voter , under pain of religious disapproval.
(f) A person shall not hire a motor vehicle or other
conveyance or cause the same to be done, for conveying voters,
other than voters physically unable to walk, to an election.
(g) In a city, township, village, or school district that has
a board of election commissioners authorized to appoint election
inspectors, of
election, an election
inspector, of election, a
clerk, or other election official who accepts an appointment as an
election
inspector of election shall
not fail to report at the
polling place designated on election morning at the time specified
by the board of election commissioners, unless excused as provided
in this subdivision. A person who violates this subdivision is
guilty
of a misdemeanor , punishable by a fine of not more than
$10.00 or imprisonment for not more than 10 days, or both. An
election
inspector, of election, clerk,
or other election
official
who accepts an appointment as an election
inspector of
election
is excused for failing to report at the polling
place on
election day and is not subject to a fine or imprisonment under
this subdivision if 1 or more of the following requirements are
met:
(i) The election
inspector, of election, clerk,
or other
election official notifies the board of election commissioners or
other officers in charge of elections of his or her inability to
serve at the time and place specified, 3 days or more before the
election.
(ii) The election
inspector, of election, clerk,
or other
election official is excused from duty by the board of election
commissioners or other officers in charge of elections for cause
shown.
(h) A person shall not willfully fail to perform a duty
imposed
upon that person by this act , or disobey a lawful
instruction or order of the secretary of state as chief state
election officer or of a board of county election commissioners,
board of city election commissioners, or board of election
inspectors. of
election.
(i) A delegate or member of a convention shall not solicit a
candidate for nomination before the convention for money, reward,
position, place, preferment, or other valuable consideration in
return for support by the delegate or member in the convention. A
candidate or other person shall not promise or give to a delegate
money, reward, position, place, preferment, or other valuable
consideration in return for support by or vote of the delegate in
the convention.
(j) A person elected to the office of delegate to a convention
shall not accept or receive any money or other valuable
consideration for his or her vote as a delegate.
(k) A person shall not, while the polls are open on an
election
day, solicit votes in a polling place or within 100 feet
from
an entrance to the building in which a polling place is
located
in a campaign-free zone.
(l) A person shall not keep a room or building for the purpose,
in
whole or in part, of recording or registering bets or wagers ,
or of selling pools upon the result of a political nomination,
appointment, or election. A person shall not wager property, money,
or thing of value, or be the custodian of money, property, or thing
of
value , staked, wagered, or pledged, upon
the result of a
political nomination, appointment, or election.
(m) A person shall not participate in a meeting or a portion
of a meeting of more than 2 persons, other than the person's
immediate family, at which an absent voter ballot is voted.
(n) A person, other than an authorized election official,
shall not, either directly or indirectly, give, lend, or promise
any valuable consideration to or for a person to induce that person
to both distribute absent voter ballot applications to voters and
receive signed absent voter ballot applications from voters for
delivery to the appropriate clerk.
(o) A person shall not impersonate in any way an election
official.
(2) A person who violates a provision of this act for which a
penalty
is not otherwise specifically provided in this act ,
is
guilty of a misdemeanor.
(3) A person or a person's agent who knowingly makes,
publishes, disseminates, circulates, or places before the public,
or knowingly causes directly or indirectly to be made, published,
disseminated, circulated, or placed before the public, in this
state, either orally or in writing, an assertion, representation,
or statement of fact concerning a candidate for public office at an
election in this state, that is false, deceptive, scurrilous, or
malicious, without the true name of the author being subscribed to
the assertion, representation, or statement if written, or
announced if unwritten, is guilty of a misdemeanor.
(4)
As used in this section: , "valuable
(a) "Campaign-free zone" means the area within 100 feet of an
entrance to a building in which a polling place is located.
(b) "Valuable consideration" includes, but is not limited to,
money, property, a gift, a prize or chance for a prize, a fee, a
loan, an office, a position, an appointment, or employment.