HOUSE BILL NO. 4132
February 04, 2021, Introduced by Reps. Wendzel,
Steenland and Bollin and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 2020 PA 177.
the people of the state of michigan enact:
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Sec. 759. (1)
Subject to section 761(3), at any time during the 75 days before a primary or
special primary, but not later than 8 p.m. on the day of a primary or special
primary, an elector may apply for an absent voter ballot. The elector shall
apply in person or by mail with the clerk of the township or city in which the
elector is registered. The clerk of a city or township shall not
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send by first-class mail an absent voter ballot to
an elector after 5 p.m. on the Friday immediately before the election. Except
as otherwise provided in section 761(2), the clerk of a city or township shall
not issue an absent voter ballot to a registered elector in that city or
township after 4 p.m. on the day before the election. 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. An individual may submit a voter
registration application and an absent voter ballot application at the same
time if applying in person with the clerk or deputy clerk of the city or
township in which the individual resides. Immediately after his or her voter
registration application and absent voter ballot application are approved by
the clerk or deputy clerk, the individual may, subject to the identification
requirement in section 761(6), complete an absent voter ballot at the clerk's
office.
(2) Except as otherwise provided in subsection (1) and
subject to section 761(3), at any time during the 75 days before an election,
but not later than 8 p.m. on the day of an election, an elector 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. The
clerk of a city or township shall not send by first-class mail an absent voter
ballot to an elector after 5 p.m. on the Friday immediately before the
election. Except as otherwise provided in section 761(2), the clerk of a city
or township shall not issue an absent voter ballot to a registered elector in
that city or township after 4 p.m. on the day before the election. An
individual may submit a voter registration application and an absent voter
ballot application at the same time
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if applying in person with the clerk or deputy
clerk of the city or township in which the individual resides. Immediately
after his or her voter registration application and absent voter ballot
application are approved by the clerk, the individual may, subject to the
identification requirement in section 761(6), complete an absent voter ballot
at the clerk's office.
(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.
(b) On an absent voter ballot application form provided for
that purpose by the clerk of the city or township.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the
application. Subject to section 761(2), a clerk or assistant clerk shall not
deliver an absent voter ballot to an applicant who does not sign the
application. A person shall not be in possession of a signed absent voter
ballot application except for the applicant; a member of the applicant's
immediate family; a person residing in the applicant's household; a person 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. 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.
(5) The clerk of a city or township shall have absent voter
ballot application forms available in the clerk's office at all times and shall
furnish an absent voter ballot application form to
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anyone upon a verbal or written request. The
absent voter ballot application must be in substantially the following form:
"Application for absent voter ballot for:
[ ] The primary or special primary election to be held on
___________________ (Date).
[ ] The election to be held on _______ (Date).
(Check applicable election or elections)
I, .................................. , a United States
citizen and a qualified and registered elector of the ............ precinct of
the township 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.
Send absent voter ballot to me at: |
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........................................... |
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(Street No. or R.R. |
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........................................... |
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(Post Office) |
(State) |
(Zip Code) |
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My registered address ...................................... |
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|
(Street No. or R.R.) |
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|
...................................... |
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(Post Office) |
(State) |
(Zip Code) |
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Date........................................................ |
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I certify that I am a United States citizen and that |
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the statements in this absent voter ballot application |
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are true. |
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...................................... |
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(Signature) |
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WARNING |
You must be a United States citizen to vote. If you are not a
United States citizen, you will not be issued an absent voter ballot.
A
person making a false statement in this absent voter ballot application is
guilty of a misdemeanor. A person who knowingly submits an absent voter
ballot application containing false information or a forged signature is guilty
of a felony. 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 clerk's office 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.
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_________________ |
_________________________________________ |
(Date) |
(Signature) |
(6) The following instructions for an applicant for an absent
voter ballot must 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 may 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 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 clerk's office,
to the clerk, or to an authorized assistant of the clerk.
(c) In either (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 for the applicant.
(d) 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.
(7) A person who prints and distributes absent voter ballot
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applications shall print on the application the
warning, certificate of authorized registered elector returning absent voter ballot
application, and instructions required by this section.
(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 is
guilty of a misdemeanor.
(9)
Except as otherwise expressly authorized by law, a person who knowingly fills
out an absent voter ballot application and who without consent submits or
causes to be submitted that absent voter ballot application containing or using
another person's name and personal identification information is guilty of a
felony.
(10)
A person who knowingly fills out and submits or causes to be submitted an
absent voter ballot application with the intent to obtain multiple absent voter
ballots for a person is guilty of a felony.
(11)
A person who knowingly submits an absent voter ballot application containing
false information or a forged signature is guilty of a felony.