HB-4671, As Passed House, November 29, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 4671

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 509o (MCL 168.509o), as added by 1994 PA 441,

and by adding section 645a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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 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~~ must 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 who appears to vote

in an election and whose name appears in the qualified voter file

for that city , or township ~~, village, or school district~~ is

considered a registered voter of that city , or 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 signs an application as prescribed in section

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

agency shall not allow a person 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.

(4) Beginning January 1, 2018, the bureau of elections or a

county clerk may enter into a written agreement with the clerk of

any city or township to allow the bureau of elections or a county

clerk to handle the qualified voter file list maintenance as

outlined in section 509aa for that city or township. A written

agreement entered into under this subsection is not effective

unless agreed to by the elected clerk or clerks and approved by

resolution of the governing body of the participating city or

township.

Sec. 645a. (1) Notwithstanding any provision of law to the

contrary, the clerk of a city or township may enter into a written

agreement with the clerk of the county in which that city or

township is located for the county clerk to conduct certain

election administration duties for the city or township, including,

but not limited to, any of the following:

(a) Distributing, receiving, and processing absent voter

ballot applications and absent voter ballots.

(b) Processing voter registrations in the qualified voter

file.

file, including, but not limited to, maintaining the street index.

(d) Receiving affidavits of identity and nominating petitions

or filing fees from candidates for public office.

(2) Notwithstanding any provision of law to the contrary, the

clerk of a city or township may enter into a written agreement with

another clerk of a city or township to conduct certain election

administration duties for the city or township, including, but not

limited to, any of the following:

(a) Distributing, receiving, and processing absent voter

ballot applications and absent voter ballots.

(b) Processing voter registrations in the qualified voter

file.

file, including, but not limited to, maintaining the street index.

(d) Preparing for and conducting election day operations.

(e) Receiving affidavits of identity and nominating petitions

or filing fees from candidates for public office.

(3) A written agreement entered into under subsection (1) or

(2) is not effective unless agreed to by the elected clerks and

approved by resolution of the governing body of each participating

county, city, or township.

(4) If the office of county, city, or township clerk becomes

vacant in close proximity to an election, a county, city, or

township clerk may, with the approval of the governing body of the

county, city, or township where the vacancy occurs, supervise or

administer the upcoming election.

(5) The bureau of elections shall develop model language to be

used by a county, city, or township for written agreements entered

into under this section.

(6) A written agreement entered into under this section must

contain a provision that either participating party subject to the

written agreement may terminate that written agreement with 60

days' written notice to the other participating party.

(7) A written agreement entered into under this section must

be filed with the bureau of elections and with the clerk of each

county where a participating party is located. In addition, the

written notice to terminate a written agreement entered into under

this section must be filed with the bureau of elections and with

the clerk of each county where a participating party is located.

Enacting section 1. This amendatory act takes effect 90 days

after it is enacted into law.