SB-0814, As Passed Senate, April 17, 2018

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 814

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 491, 492, 492a, 495, 497, 498, 500a, 500d,

 

500i, 501, 502, 503, 505, 506, 507a, 509o, 509p, 509r, 514, 516,

 

519, 520, and 521 (MCL 168.491, 168.492, 168.492a, 168.495,

 

168.497, 168.498, 168.500a, 168.500d, 168.500i, 168.501, 168.502,

 

168.503, 168.505, 168.506, 168.507a, 168.509o, 168.509p, 168.509r,

 

168.514, 168.516, 168.519, 168.520, and 168.521), sections 491,

 

497, and 507a as amended by 1989 PA 142, section 492 as amended by

 

2010 PA 253, sections 495 and 500a as amended by 1995 PA 87,

 

section 498 as amended by 2005 PA 71, section 501 as amended by

 

2014 PA 79, section 505 as amended by 2003 PA 302, sections 509o

 

and 509p as added by 1994 PA 441, section 509r as amended by 2012

 

PA 270, and section 514 as amended by 2012 PA 271; and to repeal

 


acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 491. The inspectors of election at an election, or

 

primary election, or special election in this state , or in a

 

district, county, township, city, or village in this state, shall

 

not receive the vote of a person an individual whose name is not

 

registered in the registration book or listed on the computer voter

 

registration precinct list of the township, ward, or on the voter

 

registration list generated from the qualified voter file for the

 

precinct in which he or she offers to vote unless the person has

 

met individual meets the requirements of section 507b.523a.

 

     Sec. 492. Each person individual who has the following

 

qualifications of an elector , or who will have those

 

qualifications at the next election or primary election, is

 

entitled to register as an elector in the township , or city , or

 

village in which he or she resides. The person shall individual

 

must be a citizen of the United States; not less than 18 17-1/2

 

years of age; a resident of the this state; for not less than 30

 

days; and a resident of the township , or city. , or village on or

 

before the thirtieth day before the next regular or special

 

election or primary election. For purposes of registering to vote

 

and voting at an election or special election for the office of

 

judge of a municipal court that exercises jurisdiction over another

 

city pursuant to section 9928(3) of the revised judicature act of

 

1961, 1961 PA 236, MCL 600.9928, a person who resides in the other

 

city over which municipal court jurisdiction is exercised is

 

considered a resident of the city in which the municipal court is

 


located.

 

     Sec. 492a. A person An individual who is confined in a jail ,

 

and who is otherwise a qualified elector may, prior to before trial

 

or sentence, may, upon request, register under section 504. to

 

vote. The person shall be deemed individual is considered a

 

resident of the city , or township, and address, at which he or she

 

resided next prior to before confinement. A person while An

 

individual who is confined in a jail after being convicted and

 

sentenced shall is not be eligible to register to vote.

 

     Sec. 495. The registration affidavit required under section

 

493 shall application must 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 city or township and county of residence of the

 

elector, and the school district of the elector, if known.

 

     (d) (c) The birthplace and date of birth of the elector.

 

     (e) (d) The driver's driver license or state personal

 

identification card number of the elector, if available.

 

     (f) (e) A statement that the elector is a citizen of the

 

United States.

 

     (g) (f) A statement that the elector is at the time of

 

completing the affidavit, or will be on the date of the next

 

election, not less than 18 years of age.

 

     (h) (g) A statement that the elector has or will have lived in

 

this state not less than 30 days before the next election.


     (i) (h) A statement that the elector has or will have

 

established his or her residence in the township , or city , or

 

village in which the elector is applying for registration not less

 

than 30 days before the next election.

 

     (j) (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.

 

     (k) (j) A space in which the elector shall state the place of

 

the elector's last registration, if any.

 

     (l) A statement that the registration is not effective until

 

processed by the clerk of the city or township in which the

 

applicant resides.

 

     (m) 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.

 

     (n) A statement authorizing the cancellation of registration

 

at the elector's last place of registration.

 

     (o) A space for the elector to sign and certify to the truth

 

of the statements on the application.

 

     Sec. 497. (1) A person An individual who is not registered but

 

possesses the qualifications of an elector as set forth provided in

 

section 492 , may apply for registration to the clerk of the

 

county, township, or city , or village in which he or she resides

 

on a day other than Saturday, Sunday, a legal holiday, or the day

 

of a regular, primary, school, or special election. Registrations

 

accepted between the thirtieth day preceding before an election and

 

the day of the election, unless the thirtieth day falls on a


Saturday, Sunday, or legal holiday, in which event registration

 

shall must be accepted during the following day, are not valid for

 

the election but are valid for subsequent regular, primary, school,

 

or special elections that are held so that not less than 30 days

 

intervene between the date the person individual registered and the

 

date of the election.

 

     (2) Except as otherwise provided in sections 499a to 499c,

 

500a to 500j, and 504, 500e, an application for registration shall

 

must not be executed at a place other than the office of the

 

county, township, or city , or village clerk or a public place or

 

places designated by the clerk or deputy registrar for receiving

 

registrations, but the clerk or deputy registrar may receive an

 

application wherever he or she may be. If a county, township, or

 

city , or village clerk does not regularly keep his or her office

 

open daily during certain hours, the clerk shall is not be required

 

to be at his or her office for the purpose of receiving

 

applications for registration on a particular day nor during

 

specific hours of a day, except as provided in section 498.

 

Registrations taken after the time of closing registrations before

 

an election need not be processed until the date immediately

 

following that election. A registration shall must not be placed in

 

a precinct registration file until the date immediately following

 

that election. If a person an individual registers at a time that

 

registrations are closed for an election, the person shall

 

individual must be given a notice, signed by the clerk, on a form

 

developed by the secretary of state, informing him or her that he

 

or she is not eligible to vote in the election and indicating the


first date on which he or she is eligible to vote. Except as

 

provided in sections 500a to 500j, 500e, the provisions of this

 

section relating to registration shall apply.

 

     Sec. 498. (1) The governing body of a township , or city , or

 

village may provide by resolution that in that township , or city ,

 

or village the clerk shall be at the clerk's office, or in some

 

other convenient place designated by the clerk, during the hours

 

designated by the governing body on the thirtieth day preceding

 

before an election or primary election in the township , or city ,

 

or village, unless the thirtieth day falls on a Saturday, Sunday,

 

or legal holiday, in which event registration shall must be

 

accepted during the same hours on the following day.

 

     (2) In a township , or city , or village in which the clerk

 

does not maintain regular daily office hours, the township board or

 

the legislative body of the city or village may require that the

 

clerk of the township , or city , or village shall be at the

 

clerk's office or other designated place for the purpose of

 

receiving applications for registration on the days which that the

 

board or legislative body designates, but not more than 5 days

 

before the last day for registration.

 

     (3) The clerk of each township , or city , and village shall

 

give public notice of the days and hours that the clerk will be at

 

the clerk's office or other designated place for the purpose of

 

receiving registrations before an election or primary election by

 

publication of the notice , except as provided in subsection (4)

 

and section 497(2), in a newspaper published or of general

 

circulation in the township , or city , or village and, if


considered advisable by the township , or city , or village clerk,

 

by posting written or printed notices in at least 2 of the most

 

conspicuous places in each election precinct. Except as provided in

 

subsection (4), the The publication or posting shall must be made

 

not less than 7 days before the last day for receiving

 

registrations. The notice of registration shall must include the

 

offices to be filled that will appear on the ballot. If the notice

 

of registration is for an election that includes a ballot proposal,

 

a caption or brief description of the ballot proposal along with

 

the location where an elector can obtain the full text of the

 

ballot proposal shall must be stated in the notice.

 

     (4) Notice of registration for a school millage election that

 

will be held pursuant to section 36 of the general property tax

 

act, 1893 PA 206, MCL 211.36, shall be required to be published

 

once and shall be made not less than 5 days before the last day for

 

receiving registrations as provided in section 497a.

 

     (4) (5) A county clerk may enter into an agreement with the

 

clerk of 1 or more townships or cities in the county or the clerks

 

of 1 or more cities or townships in a county may enter into an

 

agreement to jointly publish the notice required in subsection (3).

 

The notice shall must be published in a newspaper of general

 

circulation in the cities and townships listed in the notice.

 

     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

 

made under this section shall must contain all of the

 

following:information required for a registration application as

 

provided in section 495.

 

     (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.

 

     (2) The applicant shall sign the application. Upon receipt of

 

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. 500d. A person An individual who has properly completed

 

an application for registration at an office of the secretary of

 

state or his or her agent shall be is permitted to vote in all

 

elections occurring not less than 30 days after making the

 

application if the clerk determines the person individual is

 

qualified. and the identification card is not returned by the post

 

office as provided by section 500c. If the clerk determines the

 

person individual is not qualified, the clerk immediately shall

 

send a notice to the applicant at the address stated in the

 

application stating the determination and the reasons therefor. A

 

person shall be the individual is not qualified. An individual is


permitted to vote if he or she presents at the polls a validated

 

voter registration application receipt and the clerk determines the

 

person individual is qualified.

 

     Sec. 500i. As used in sections 500a to 500j, 500e, "agent"

 

means a person appointed by the secretary of state to act as an

 

examining officer for the purpose of examining applicants for

 

operator's and chauffeur's licenses under section 309 of Act No.

 

300 of the Public Acts of 1949, as amended, being section 257.309

 

of the Michigan Compiled Laws.the Michigan vehicle code, 1949 PA

 

300, MCL 257.309.

 

     Sec. 501. The original master registration cards shall must be

 

filed alphabetically and shall must be termed the "master file".

 

The master file shall must contain the signature of each elector

 

registered in the city , or township, or village, unless the clerk

 

of the jurisdiction has access to the qualified voter file and the

 

elector has a digitized signature in the qualified voter file. If

 

an elector is unable to write, or sign his or her name because of a

 

physical disability, the master file shall must contain the mark or

 

signature stamp used by that elector when a signature is required.

 

     Sec. 502. The master file and the precinct files shall must at

 

all times remain in the custody of the township , or city or

 

village clerk. , as the case may be, except that the precinct files

 

shall be delivered on election day to the inspectors of election in

 

the several precincts who shall have custody of the same during any

 

election or primary election and who shall return such files to the

 

clerk immediately thereafter.

 

     Sec. 503. If either the original or duplicate registration


card, or both, of any elector shall be lost, destroyed or

 

mutilated, the clerk of the township, city or village shall require

 

the execution of a new registration affidavit by such elector. If

 

any such elector shall refuse or neglect to execute such affidavit

 

within 60 days after the mailing of a letter to such elector at the

 

last address from which he has registered, then the registration of

 

such elector may be cancelled. If either the original or duplicate

 

registration cards, or both, of any township, city, village, or any

 

ward or precinct thereof, shall be lost or destroyed, the township

 

board or the legislative body of the city or village shall require

 

a re-registration of the electors in such township, city, village,

 

ward or precinct. If upon an examination of the registration

 

records of any city, township or village, the secretary of state

 

determines that the registration records fail to comply with the

 

requirements of this act, the secretary of state may order the

 

clerk of the city, township or village to make the corrections in

 

the records necessary to comply with the provisions of this act or,

 

if he finds that it is impractical to correct the registration

 

records, he may apply to the circuit court of the circuit in which

 

the city, township or village is located for an order for re-

 

registration of the qualified electors in the city, township or

 

village. Upon a proper showing of need, the court shall issue the

 

order. In case the secretary of state directs the corrections to be

 

made or the circuit court orders a re-registration to be taken, the

 

secretary of state shall prescribe in all particulars the time and

 

manner in which the corrections shall be made or the re-

 

registration shall be taken and the disposition of the old


registration records. The cost of the corrections or re-

 

registration shall be borne by the city, township or village

 

involved.If the voter registration records are destroyed or

 

mutilated making them unusable, the clerk of the city or township

 

shall request a back-up file from the secretary of state. The

 

secretary of state shall provide a list of registered electors and

 

their signatures, if available, from the qualified voter file to

 

the city or township clerk. If the secretary of state is unable to

 

provide a back-up file to the city or township clerk, the clerk

 

shall require the electors to reregister as prescribed by the

 

secretary of state.

 

     Sec. 505. (1) At the time an elector is applying for

 

registration, the registration officer shall ascertain if the

 

elector is already registered as a voter. an elector. If the

 

elector is previously registered, the elector shall at the time of

 

applying for registration sign an authorization to cancel a

 

previous registration. The secretary of state shall prescribe forms

 

for this purpose. The form may be a part of the application or a

 

separate form. The clerk of the city or township in which the

 

elector is newly registered shall notify the registration officer

 

of the place of previous registration of the authorization to

 

cancel.

 

     (2) An authorization to cancel that indicates a previous

 

address in a state other than this state shall must be forwarded to

 

the secretary of state chief election officer of that state. Notice

 

may be made by forwarding the separate cancellation form, by

 

forwarding the portion of an application listing a previous place


of registration, or by forwarding a list certified by the clerk

 

containing the names of people authorizing cancellation.

 

     (3) Notices of cancellation shall contain the name, birth

 

date, and address at which the elector was previously registered,

 

and the name of the city or township of previous registration of

 

all persons authorizing cancellations. Notices shall be sent within

 

30 days after receipt, but not later than 5 days after the close of

 

registration.

 

     (3) (4) Upon receipt of the notice, the clerk shall cancel the

 

registration of the persons listed on the notice. The clerk

 

receiving the notice shall also notify the clerk of each village in

 

which a person listed on the notice resides of receipt of an

 

authorization to cancel. An authorization to cancel a voter

 

registration signed by the voter elector and received from another

 

state or a notice from an election official of another state that

 

an elector has registered in that state has the same force and

 

effect as the notice of authorization to cancel of this state.

 

     Sec. 506. A registered elector may, upon change of residence

 

within the township , or city, or village, cause update his or her

 

registration to be transferred to his new address by sending to the

 

clerk a signed request stating his or her present address, the date

 

he or she moved thereto to that address, and the address from which

 

he or she was last registered, or by applying updating his or her

 

address in person. for a transfer. The clerk shall strike through

 

the last address, ward, and precinct number and record the new

 

address, ward, and precinct number on the original and duplicate

 

master registration cards, and shall place the original


registration card in the proper precinct file. card. Transfers

 

shall must not be made after the thirtieth day next preceding a

 

regular or special election or primary election, unless the

 

thirtieth day shall fall falls on a Saturday, Sunday, or legal

 

holiday, in which event registration transfers shall must be

 

accepted during the following day.

 

     Sec. 507a. (1) A registered and qualified elector of this

 

state who has moved from the township or city of a county in which

 

he or she is registered to another township or city of a different

 

county within the state after the sixtieth day before an election

 

or primary election shall be permitted to vote in the election or

 

primary election at the place of last registration upon the signing

 

of a form containing an affidavit stating that the move has taken

 

place. This subsection shall apply if the county in which the

 

elector is registered has implemented the county file as the

 

official file pursuant to section 509e.

 

     (1) (2) A registered and qualified elector of this state who

 

has moved from the city or township in which he or she is

 

registered to another city or township within the this state after

 

the sixtieth day before an election or primary election shall be is

 

permitted to vote in the election or primary election at the place

 

of last registration upon the signing of a form containing an

 

affidavit stating that the move has taken place. This subsection

 

shall apply if the county in which the elector is registered has

 

not implemented the county file as the official file pursuant to

 

section 509e.

 

     (2) (3) The form or forms required by this section shall must


be approved by the secretary of state, and shall must state that

 

the move has taken place, and shall must authorize the clerk of the

 

city or township to cancel the voter's elector's registration. A

 

voter An elector coming under this section shall be is permitted to

 

vote either in person or by absentee ballot.

 

     Sec. 509o. (1) The secretary of state shall direct and

 

supervise the establishment and maintenance of a statewide

 

qualified voter file. The secretary of state shall establish the

 

technology to implement the qualified voter file. on or before

 

January 1, 1997. The qualified voter file shall be is the official

 

file for the conduct of all elections held in this state. on or

 

after January 1, 1998. The secretary of state may direct that all

 

or any part of the city , or township , or village registration

 

files shall be used in conjunction with the qualified voter file at

 

the first state primary and election held after the creation of the

 

qualified voter file.

 

     (2) Notwithstanding any other provision of law to the

 

contrary, beginning January 1, 1998, a person an individual who

 

appears to vote in an election and whose name appears in the

 

qualified voter file for that city, township, village, or school

 

district is considered a registered voter elector of that city,

 

township, village, or school district under this act.

 

     (3) The secretary of state, a designated voter registration

 

agency, or a county, city, or township , or village clerk shall not

 

place a name of an individual into the qualified voter file unless

 

that person individual signs an application as prescribed in

 

section 509r(3). The secretary of state or a designated voter


registration agency shall not allow a person an individual to

 

indicate a different address than the address in either the

 

secretary of state's or designated voter registration agency's

 

files to be placed in the qualified voter file.

 

     Sec. 509p. The qualified voter file shall must consist of all

 

of the following components:

 

     (a) A computer file that has the capacity to maintain a number

 

of records equal to or greater than the voting age population of

 

this state.

 

     (b) An electronic network that allows participating designated

 

executive departments, state agencies, and county, city, and

 

township , and village clerks to electronically add, change, or

 

delete records contained in the qualified voter file.

 

     (c) An interactive electronic communication system that allows

 

access to records in the file of qualified voters electors residing

 

in a county, city, or township for the purpose of receiving copies

 

of the county, city, or township file, transmitting data to the

 

county, city, or township file, or reviewing and printing the

 

county, city, or township file. The interactive electronic

 

communication system shall must be designed to permit counties,

 

cities, or townships that are capable of accessing the interactive

 

electronic communication system to add, change, or delete records

 

regarding qualified voters electors in the qualified voter file.

 

     (d) A statewide street address index in an electronic medium

 

that will accurately identify the city or township of each record

 

and by January 1, 1998, accurately identify the precinct of each

 

record in the qualified voter file.


     Sec. 509r. (1) The secretary of state shall establish and

 

maintain the computer system and programs necessary to the

 

operation of the qualified voter file. The secretary of state shall

 

allow each county, city, or township , or village access to the

 

qualified voter file. The county, city, and township , and village

 

clerks shall verify the accuracy of the names and addresses of

 

registered voters electors in the qualified voter file.

 

     (2) Subject to subsection (3), the secretary of state and

 

county, city, and township , and village clerks shall compile the

 

qualified voter file that consists of all qualified electors from

 

the following sources and in the following priority:

 

     (a) A driver's driver license or, if there is no driver's

 

driver license, a state personal identification card, including

 

renewals and changes of address with the department of state.

 

     (b) An application for benefits or services, including

 

renewals and changes of address, taken by a designated voter

 

registration agency.

 

     (c) An application to register to vote taken by a county,

 

city, or township , or village clerk.

 

     (3) A person An individual whose name does not otherwise

 

appear in the qualified voter file shall must be placed in the

 

qualified voter file only if the person individual signs under

 

penalty of perjury an application that contains an attestation that

 

the applicant meets all of the following requirements:

 

     (a) Is 17-1/2 years of age or older.

 

     (b) Is a citizen of the United States and this state.

 

     (c) Is a resident of the city or township where the person's


individual's street address is located.

 

     (4) A designated voter registration agency or a county, city,

 

township, or village clerk shall not add to, delete from, or change

 

any information contained in the qualified voter file during the

 

period beginning on the seventh day before an election and ending

 

on the day of the election.

 

     (5) The secretary of state shall create an inactive voter

 

file.

 

     (6) If a voter an elector is sent a notice under section 509aa

 

to confirm the voter's elector's residence information or if a

 

voter an elector does not vote for 6 consecutive years, the

 

secretary of state shall place the registration record of that

 

voter elector in the inactive voter file. The registration record

 

of that voter shall elector must remain in the inactive voter file

 

until 1 of the following occurs:

 

     (a) The voter elector votes at an election.

 

     (b) The voter elector responds to a notice sent under section

 

509aa.

 

     (c) Another voter registration transaction involving that

 

voter elector occurs.

 

     (7) While the registration record of a voter an elector is in

 

the inactive voter file, the voter elector remains eligible to vote

 

and his or her name shall must appear on the precinct voter

 

registration list.

 

     (8) If the registration record of a voter an elector is in the

 

inactive voter file because the voter elector was sent a notice

 

under section 509aa to confirm the voter's elector's residence


information and that voter elector votes at an election by absent

 

voter ballot, that absent voter ballot shall must be marked in the

 

same manner as a challenged ballot as provided in section 727.

 

     Sec. 514. If the registration of an elector is canceled, the

 

clerk shall make a proper entry on the original and duplicate

 

master registration cards, card, indicating the date and the cause

 

for cancellation, and shall affix his or her signature to the

 

entries. All copies of the canceled registration cards shall must

 

be filed in the office of the clerk. All duplicates of the original

 

master registration cards card canceled may be destroyed 2 years

 

after the registrations are registration is canceled. The clerk may

 

also destroy the original master registration cards card of an

 

elector 5 years after the date of cancellation of the elector's

 

registration. , if the registration is not reinstated within that

 

period. The clerk may also destroy any canceled original master

 

registration cards 2 years after the date of cancellation if the

 

canceled registration cards are reproduced under the records

 

reproduction act, 1992 PA 116, MCL 24.401 to 24.406, and the

 

reproductions are on file in the office of the clerk. The

 

reproductions may be destroyed after the expiration of the

 

statutory retention date of the reproduced records. The

 

registration records, if combustible, shall be destroyed by

 

burning.A voter registration that has been canceled due to an

 

elector moving out of the jurisdiction must not be reinstated if

 

the elector moves back to the jurisdiction and a new voter

 

registration is required for that elector.

 

     Sec. 516. The registration record shall must be open for


public inspection. under rules and regulations prescribed by the

 

clerk.

 

     Sec. 519. No A township , or city or village clerk or

 

assistant clerk shall not register any person whom such an

 

individual if the clerk shall know knows or have has good reason to

 

believe that the individual is not to be a resident and so

 

qualified. , nor shall any person knowingly An individual shall not

 

register as an elector if he or she knows or having has good reason

 

to believe himself that he or she is not to be such a resident and

 

so qualified. , cause himself to be registered as an elector. Every

 

person so offending, or who shall aid or abet another in so

 

offending, shall upon conviction be adjudged An individual who

 

violates this section is guilty of a misdemeanor.

 

     Sec. 520. Whenever it shall come to the knowledge of any If a

 

township , or city or village clerk has knowledge that there is a

 

probable illegal or fraudulent registration in his the township ,

 

or city, or village, or in any ward or precinct thereof, he shall

 

have of the township or city, the clerk has the power and it shall

 

be his duty to make a full investigation of the facts concerning

 

such the registration and to ascertain whether any names have name

 

has been illegally or fraudulently registered. To this end, such A

 

township or city clerk is hereby authorized and empowered to call

 

upon the police department of the city or the sheriff of his the

 

county in which the city is located, or both, to assist in making

 

such the investigation, and said the police department and said the

 

sheriff are hereby required to render such assistance whenever such

 

if the clerk shall make makes a request therefor, for assistance,


and to furnish such the clerk at his or her request with all

 

available men to assist assistance in making such the

 

investigation. Any such A township or city clerk is hereby further

 

authorized and empowered whenever he deems if he or she considers

 

it necessary or advisable to appoint assistant examiners for the

 

purpose of such the investigation. Bills for the services of such

 

the examiner shall must be approved by such the clerk and shall

 

must be audited and paid by the township board or legislative body

 

of the city or village, as the case may be, in the same manner as

 

the expenses of conducting elections are paid.

 

     Sec. 521. Whenever any If a township , or city or village

 

clerk shall determine determines that any name has been illegally

 

or fraudulently entered upon the registration records of any

 

precinct in his the township , or city, or village, he the clerk

 

shall remove such that name from the registration records and shall

 

notify the person individual whose name is removed of such the

 

removal by registered or certified mail directed to him the

 

individual at the address given on the registration records. , and

 

any person An individual representing himself or herself to be the

 

person individual whose name is so removed shall is not be

 

permitted to vote unless he shall show the individual shows to such

 

the clerk that his or her name was wrongfully removed from the

 

registration records, in which case his or her name shall must be

 

reinstated. : Provided, however, That However, any person

 

individual aggrieved by such the action of any such clerk may

 

review such the action and seek the reinstatement of his or her

 

name by mandamus and the proceedings and judgment of the court in


Senate Bill No. 814 as amended April 10, 2018

such the case shall be are subject to review in the supreme court.

 

, or if such If a clerk has good reason to believe that any name

 

has been illegally or fraudulently entered upon said the

 

registration records and he shall the clerk does not remove such

 

the name as herein provided in this section, he the clerk shall

 

write the word "challenged" upon the registration card of such

 

person the individual and shall lay before the prosecuting attorney

 

of the county all the facts touching such concerning the

 

registration. If any person an individual whose registration card

 

has been so marked shall offer offers to vote at any election, the

 

inspectors of election shall at such that time examine him the

 

individual under oath as to his or her qualifications as an elector

 

in such the ward or precinct, the same in all respects and with

 

like effect as though he or she had been challenged at the election

 

by a challenger. thereof.

 

     Enacting section 1. Sections 494, 497a, 500c, 500h, 500j,

 

507b, 509s, 517, and 522a of the Michigan election law, 1954 PA

 

116, MCL 168.494, 168.497a, 168.500c, 168.500h, 168.500j, 168.507b,

 

168.509s, 168.517, and 168.522a, are repealed.

 

     [Enacting section 2. This amendatory act takes effect December 31,

 

2018.                               ]