HB-5061, As Passed House, June 14, 2012

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5061

      A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 761, 813, and 829 (MCL 168.761, 168.813, and

168.829), section 761 as amended by 2005 PA 71 and sections 813

and 829 as added by 2004 PA 92, and by adding section 38.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 38. (1) The secretary of state shall develop a poster

 2  that explains ballot coaching and that indicates that ballot

 3  coaching is prohibited.

 4        (2) The secretary of state shall provide to each residential

 5  care facility in this state at least 1 poster as described in

 6  subsection (1).

 7        (3) For the period beginning 45 days before each election

 8  and continuing through election day, the owner, operator, or

 1  facility director of a residential care facility shall display

 2  the poster provided by the secretary of state in a public area in

 3  the residential care facility.

 4        (4) As used in this section:

 5        (a) "Home for the aged" means that term as defined in

 6  section 20106 of the public health code, 1978 PA 368, MCL

 7  333.20106.

 8        (b) "Nursing home" means that term as defined in section

 9  20109 of the public health code, 1978 PA 368, MCL 333.20109.

10        (c) "Residential care facility" means both of the following:

11        (i) Home for the aged.

12        (ii) Nursing home.

13        Sec. 761. (1) If Except as otherwise provided in this

14  subsection, if the clerk of a city, township, or village receives

15  an application for an absent voter ballot from a person

16  registered to vote in that city, township, or village and if the

17  signature on the application agrees with the signature for the

18  person contained in the qualified voter file or on the

19  registration card as required in subsection (2), the clerk

20  immediately upon receipt of the application or, if the

21  application is received before the printing of the absent voter

22  ballots, as soon as the ballots are received by the clerk, shall

23  forward by mail, postage prepaid, or shall deliver personally 1

24  of the ballots or set of ballots if there is more than 1 kind of

25  ballot to be voted to the applicant. Absent Subject to the

26  identification requirement in subsection (6), absent voter

27  ballots may be delivered to an applicant in person at the office

 1  of the clerk. If the clerk of a city, township, or village

 2  receives an absent voter ballot application from a person

 3  registered to vote in that city, township, or village and the

 4  person indicates on the absent voter ballot application that he

 5  or she is not a citizen of the United States, an absent voter

 6  ballot shall not be issued to that person. If the clerk of a

 7  city, township, or village receives an absent voter ballot

 8  application from a person registered to vote in that city,

 9  township, or village and the person does not answer the

10  citizenship question on the absent voter ballot application, the

11  clerk shall issue an absent voter ballot to that person, but that

12  absent voter ballot shall not be counted on election day unless

13  the person answers the citizenship question in writing to the

14  clerk before the polls close on election day. The clerk of the

15  city, township, or village shall include with an absent voter

16  ballot issued to a person who did not answer the citizenship

17  question on his or her absent voter ballot application a notice

18  that prominently states that the person did not answer the

19  citizenship question on his or her absent voter ballot

20  application and that his or her absent voter ballot will not be

21  counted on election day unless he or she answers the citizenship

22  question in writing to the clerk in the manner provided in the

23  notice before the polls close on election day. The secretary of

24  state shall prepare and provide copies of the notice required

25  under this subsection to each city, township, and village clerk.

26        (2) The qualified voter file shall be used to determine the

27  genuineness of a signature on an application for an absent voter

 1  ballot. Signature comparisons shall be made with the digitized

 2  signature in the qualified voter file. If the qualified voter

 3  file does not contain a digitized signature of an elector, or is

 4  not accessible to the clerk, the city or township clerk shall

 5  compare the signature appearing on the application for an absent

 6  voter ballot to the signature contained on the master card.

 7        (3) Notwithstanding section 759, providing that no absent

 8  voter applications shall be received by the clerk after 2 p.m. on

 9  the Saturday before the election, and subject to the

10  identification requirement in subsection (6),a person qualified

11  to vote as an absent voter may apply in person at the clerk's

12  office before 4 p.m. on a day preceding before the election

13  except Sunday or a legal holiday to vote as an absent voter. The

14  Subject to subsection (1), the applicant shall receive his or her

15  absent voter ballot and vote the ballot in the clerk's office.

16  All other absent voter ballots, except ballots delivered pursuant

17  to an emergency absent voter ballot application under section

18  759b, shall be mailed or delivered to the registration address of

19  the applicant unless the application requests delivery to an

20  address outside the city, village, or township or to a hospital

21  or similar institution, in which case the absent voter ballots

22  shall be mailed or delivered to the address given in the

23  application. However, a clerk may mail or deliver an absent voter

24  ballot, upon request of the absent voter, to a post office box if

25  the post office box is where the absent voter normally receives

26  personal mail and the absent voter does not receive mail at his

27  or her registration address.

 1        (4) Absent voter ballots shall be issued in the same order

 2  in which applications are received by the clerk of a city,

 3  township, or village, as nearly as may be, and each ballot issued

 4  shall bear the lowest number of each kind available for this

 5  purpose. However, this provision does not prohibit a clerk from

 6  immediately issuing an absent voter ballot to an absent voter who

 7  applies in person in the clerk's office for absent voter ballots.

 8  The clerk shall enclose with the ballot or ballots a return

 9  envelope properly addressed to the clerk and bearing upon the

10  back of the envelope a printed statement in substantially the

11  following form:

12                          TO BE COMPLETED

13                            BY THE CLERK

14 ______________________________      ____________________________

15      Name of Voter                    Street Address or R.R.

16 ______________________________      ____________________________

17   City, Township or Village                   County

18 Ward ________  Precinct _______  Date of Election  _____________

19 =================================================================

20               TO BE COMPLETED BY THE ABSENT VOTER

21        I assert that I am a qualified and registered elector of the

22  city, township, or village named above. I am voting as an absent

23  voter in conformity with state election law. Unless otherwise

24  indicated below, I personally marked the ballot enclosed in this

25  envelope without exhibiting it to any other person.

26        I further assert that this absent voter ballot is being

27  returned to the clerk or an assistant of the clerk by me

28  personally; by public postal service, express mail service,

 1  parcel post service, or other common carrier; by a member of my

 2  immediate family; or by a person residing in my household.

3       DATE: ______________   SIGN HERE:  X_________________________

4                                          Signature of Absent Voter

5  The above form must be signed or your vote will not be counted.

6  AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY

7  OF A MISDEMEANOR.

8  =================================================================

9         TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING

10                          BY ANOTHER PERSON

11        I assisted the above named absent voter who is disabled or

12  otherwise unable to mark the ballot in marking his or her absent

13  voter ballot pursuant to his or her directions. The absent voter

14  ballot was inserted in the return envelope without being

15  exhibited to any other person.

16 _______________________  __________________   ___________________

17   Signature of Person      Street Address      City, Twp., or

18     Assisting Voter            or R.R.             Village

19 _________________________________________________________________

20 Printed Name of Person Assisting Voter

21 A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A

22 FALSE STATEMENT IS GUILTY OF A FELONY.

23 =================================================================

24 WARNING

25        PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER

26  BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER;

27  A PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY

 1  OR RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED

 2  BY THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT

 3  IS TO HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A

 4  PUBLIC POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE,

 5  OR COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR

 6  HER EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER

 7  AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR

 8  SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT

 9  VOTER BALLOT IS GUILTY OF A FELONY.

10        (5) An absent voter who knowingly makes a false statement on

11  the absent voter ballot return envelope is guilty of a

12  misdemeanor. A person who assists an absent voter and who

13  knowingly makes a false statement on the absent voter ballot

14  return envelope is guilty of a felony.

15  (6) If an elector obtains his or her absent voter ballot in

16  person from the clerk of the city, township, or village in which

17  he or she is registered, the clerk of the city, township, or

18  village shall not provide an absent voter ballot to that elector

19  until the elector identifies himself or herself to the clerk by

20  presenting an official state identification card issued to that

21  elector under 1972 PA 222, MCL 28.291 to 28.300, an operator's or

22  chauffeur's license issued to that elector under the Michigan

23  vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other

24  generally recognized picture identification card. If an elector

25  does not have an official state identification card, operator's

26  or chauffeur's license, or other generally recognized picture

27  identification card, the elector may sign an affidavit to that

 1  effect before the clerk of the city, township, or village and be

 2  allowed to obtain his or her absent voter ballot in person from

 3  the clerk. The clerk of the city, village, or township shall

 4  indicate to each elector who obtains his or her absent voter

 5  ballot in person from the clerk that the elector may sign an

 6  affidavit indicating that the elector does not have an official

 7  state identification card, operator's or chauffeur's license, or

 8  other generally recognized picture identification card in order

 9  to obtain his or her absent voter ballot in person from the

10  clerk. However, if an elector obtains his or her absent voter

11  ballot in person from the clerk and votes by absent voter ballot

12  without providing the identification required under this

13  subsection, the absent voter ballot of that elector shall be

14  prepared as a challenged ballot as provided in section 727.

15        Sec. 813. (1) Within 6 days after the an election, for each

16  provisional ballot that was placed in a provisional ballot return

17  envelope, the city or township clerk shall determine whether the

18  individual voting the provisional ballot was eligible to vote a

19  ballot and whether to tabulate the provisional ballot. In making

20  this determination, the city or township clerk shall not open the

21  provisional ballot return envelope. A provisional ballot shall

22  only be tabulated if a valid voter registration record for the

23  elector is located or if the identity and residence of the

24  elector is established using a Michigan operator's license,

25  chauffeur's license, personal identification card, other

26  government issued photo identification card, or a photo

27  identification card issued by an institution of higher education

 1  in this state described in section 6 of article VIII of the state

 2  constitution of 1963 or a junior college or community college

 3  established under section 7 of article VIII of the state

 4  constitution of 1963 along with a document to establish the

 5  voter's current residence address as provided in section 523a(5).

 6  Before the provisional ballot is tabulated, election officials

 7  shall process the ballot as a challenged ballot under sections

 8  745 and 746.

 9        (2) Within 7 days after the an election, but sooner if

10  practicable, the city or township clerk shall transmit the

11  results of provisional ballots tabulated after the election to

12  the board of county canvassers. The results shall be transmitted

13  in a form prescribed by the secretary of state.

14        (3) Within 7 days after the an election, the city or

15  township clerk shall transmit to the county clerk a provisional

16  ballot report for each precinct in the jurisdiction. The report

17  shall include for each precinct the number of provisional ballots

18  issued, the number of provisional ballots tabulated on election

19  day, the number of provisional ballots forwarded to the clerk to

20  be determined after the election, the number of provisional

21  ballots tabulated by the clerk after election day, and any

22  additional information concerning provisional ballots as required

23  by the secretary of state.

24        (4) Within 7 days after an election, the city or township

25  clerk shall transmit to the county clerk an affidavit report that

26  includes the number of affidavits signed by voters under section

27  523(1). The affidavit report shall be transmitted to the county

House Bill No. 5061 as amended June 12, 2012

 1  clerk in a form prescribed by the secretary of state.

 2        Sec. 829. (1) The board of county canvassers shall include

 3  the results of the tabulated provisional ballots in the canvass

 4  of the election following procedures prescribed by the secretary

 5  of state designed to maintain the secrecy of the ballot.

 6        (2) Within 14 days after a primary or election, the county

 7  clerk shall transmit a county provisional ballot report to the

 8  secretary of state. The county provisional ballot report shall be

 9  in a manner prescribed by the secretary of state. After the

10  secretary of state receives a county provisional ballot report,

11  the county provisional ballot report shall be immediately

12  available for public inspection.

13        (3) Within 14 days after an election, the county clerk shall

14  transmit a county affidavit report to the secretary of state. The

15  county affidavit report shall include the number of affidavits

16  signed by voters under section 523(1). The county affidavit

17  report shall be transmitted in a form prescribed by the secretary

18  of state. After the secretary of state receives the county

19  affidavit report from the county clerk, the county affidavit

20  report shall immediately be available for public inspection.

<<Enacting section 1. This amendatory act takes effect

    August 15, 2012.>>