Bill Text: MI SB0639 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Elections; other; general amendments; provide for. Amends secs. 509t, 509v, 730, 731 & 733 of 1954 PA 116 (MCL 168.509t et seq.) & adds secs. 30h, 761b, 761c & 764d.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-12-03 - Referred To Committee On Elections And Government Reform [SB0639 Detail]

Download: Michigan-2015-SB0639-Introduced.html

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SENATE BILL No. 639

 

 

December 3, 2015, Introduced by Senator ROBERTSON and referred to the Committee on Elections and Government Reform.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 509t, 509v, 730, 731, and 733 (MCL 168.509t,

 

168.509v, 168.730, 168.731, and 168.733), section 509t as amended

 

by 2004 PA 92, section 509v as added by 1994 PA 441, sections 730

 

and 731 as amended by 1995 PA 261, and section 733 as amended by

 

1996 PA 583, and by adding sections 30h, 761b, 761c, and 764d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30h. (1) A county, city, township, village, or school

 

district shall not adopt an ordinance or resolution that does

 

either of the following:

 

     (a) Grants authority regarding elections to any public officer

 

unless the authority is granted to that public officer under this

 

act.

 

     (b) Imposes an obligation, duty, or requirement regarding

elections upon any public officer or any other person other than as

 

set forth in this act.

 

     (2) A public officer shall not conduct any activity regarding

 

elections unless that activity is expressly authorized to be

 

conducted by that public officer in this act.

 

     Sec. 509t. (1) Notwithstanding another provision of law to the

 

contrary, a person who is a qualified elector in this state and who

 

registers to vote in a manner consistent with the national voter

 

registration act of 1993 is considered a registered voter under

 

this act.

 

     (2) A person who registers to vote in a jurisdiction in this

 

state by mail shall vote in person and shall, subject to subsection

 

(3), provide identification as required under section 303(b) of the

 

help America vote act of 2002, 42 USC 15483, 52 USC 21083, if that

 

person has not previously voted in person in this state. This

 

subsection does not apply to any of the following registered

 

voters:

 

     (a) A person entitled to vote by absentee ballot under the

 

uniformed and overseas citizens absentee voting act.

 

     (b) A person who has a disability as defined in section 103 of

 

the persons with disabilities civil rights act, 1976 PA 220, MCL

 

37.1103, or, for purposes of voting in person only, a person who is

 

60 years of age or older.

 

     (c) A person who is entitled to vote other than in person

 

under any other federal law.

 

     (3) In order to satisfy the identification requirement under

 

subsection (2), a person who registers to vote by mail and who has

 

not previously voted in person in this state must provide

 

identification either to the city, township, or village clerk of

 

the city, township, or village where the person is registered to

 

vote or to an election official on election day at the election

 

precinct where the person is registered to vote. The identification

 

requirement under subsection (2) is not satisfied by a person who

 

registers to vote by mail and who has not previously voted in

 

person in this state if the person presents identification to any

 

of the following:

 

     (a) A department of state branch office.

 

     (b) The office of a county clerk.

 

     (c) The office of the clerk of a city, township, or village

 

that is not the city, township, or village where the person is

 

registered to vote.

 

     (4) A county, city, township, or village clerk shall not

 

deputize any other county, city, township or village clerk in order

 

to verify the identification of a person who registers to vote by

 

mail and who has not previously voted in person in this state. A

 

person who registers to vote by mail and who has not previously

 

voted in person in this state must provide identification as set

 

forth in subsection (3).

 

     (5) (3) This section does not preclude this state from

 

prosecuting a violation of this act that is also a violation of a

 

federal election or voting rights law.

 

     Sec. 509v. (1) A person who is not registered to vote at the

 

address where he or she resides may apply to register to vote by

 

submitting an application at any of the following locations:

 

     (a) The office of the clerk of a county or the office of the

 

clerk of the city or township in which the applicant resides,

 

during regular office hours of that clerk.

 

     (b) A department of state office.

 

     (c) A designated voter registration agency when submitting an

 

application, recertification, renewal, or change of address at the

 

voter registration agency.

 

     (2) A person who is not registered to vote at the address

 

where he or she resides may apply for registration by submitting a

 

completed mail registration application. A person may request a

 

mail registration application from and submit the application to

 

any of the following:

 

     (a) The secretary of state.

 

     (b) The clerk of the county, city, or township in which the

 

applicant resides.

 

     (c) A designated voter registration agency.

 

     (3) A person who submits a completed mail registration

 

application is subject to the identification requirement in section

 

509t.

 

     Sec. 730. (1) At an election, For the period beginning 45 days

 

before each election and continuing through election day, a

 

political party or an incorporated organization or organized

 

committee of citizens interested in the adoption or defeat of a

 

ballot question being voted for or upon at the election, or

 

interested in preserving the purity of elections and in guarding

 

against the abuse of the elective franchise, may designate

 

challengers as provided in this act. Except as otherwise provided

 

in this act, a political party, incorporated organization, or

 

organized committee of interested citizens may designate not more

 

than 2 challengers to serve in a precinct or in a city, township,

 

or village clerk's office at any 1 time. A political party,

 

incorporated organization, or organized committee of interested

 

citizens may designate not more than 1 challenger to serve at each

 

counting board.

 

     (2) A challenger shall be a registered elector of this state.

 

Except as otherwise provided in this section, a candidate for

 

nomination or election to an office shall not serve as a challenger

 

at the election or during the period beginning 45 days before the

 

day of the election in which he or she is a candidate. A candidate

 

for the office of delegate to a county convention may serve as a

 

challenger in a precinct other than the 1 in which he or she is a

 

candidate, but may not serve as a challenger in a city, township,

 

or village clerk's office during the period beginning 45 days

 

before the election and continuing through election day. A person

 

who is appointed as an election inspector at an election shall not

 

act or have acted as a challenger at any time during the period

 

beginning 45 days before the election and continuing through

 

election day.

 

     (3) A challenger may be designated to serve in more than 1

 

precinct. The political party, incorporated organization, or

 

organized committee of interested citizens shall indicate which

 

precincts the challenger will serve when designating challengers

 

under subsection (1). If more than 1 challenger of a political

 

party, incorporated organization, or organized committee of

 

interested citizens is serving in a precinct or in a city,

 

township, or village clerk's office at any 1 time, only 1 of the

 

challengers has the authority to initiate a challenge at any given

 

time. The challengers shall indicate to the board of election

 

inspectors or the city, township, or village clerk which of the 2

 

will have has this authority. The challengers may change this

 

authority and shall indicate the change to the board of election

 

inspectors or to the city, township, or village clerk.

 

     Sec. 731. (1) Not less than 20 and not more than 30 75 days

 

before an election, an incorporated organization or organized

 

committee of interested citizens other than political party

 

committees authorized by this act intending to appoint challengers

 

at the election shall file with the clerk of the county, city,

 

village, or township in which the election is to be held, a

 

statement setting forth the intention of the organization or

 

committee to appoint challengers. The statement shall set forth the

 

reason why the organization or committee claims the right to

 

appoint challengers, with a facsimile of the card to be used, and

 

shall be signed and sworn to by the chief presiding officer, the

 

secretary, or some other officer of the organization or committee.

 

The clerk or secretary of state, as applicable under subsection

 

(2), may deny an organization or committee the authorization to

 

appoint challengers if that organization or committee fails to

 

furnish evidence satisfactory to the clerk or secretary of state

 

that the organization or committee is devoted to the purposes

 

enumerated in section 730.

 

     (2) Not later than 2 business days after receipt of a

 

statement of intent to appoint challengers under subsection (1), a

 

clerk shall approve or deny the organization's or committee's

 

authorization to appoint challengers and notify the organization or

 

committee of that approval or denial. If authorization is denied

 

under this subsection, an organization or committee may appeal the

 

denial with the secretary of state not later than 2 business days

 

after receipt of the denial. Not later than 2 business days after

 

receipt of an appeal of a denial under this subsection, the

 

secretary of state shall review the clerk's denial and approve or

 

deny the organization's or committee's authorization to appoint

 

challengers and notify the organization or committee and the clerk

 

of that decision.

 

     (3) Before the opening of the polls on election day, the clerk

 

shall certify in writing to the board of election inspectors in a

 

county, city, village, or township in which the election will be

 

conducted the names of organizations and committees that are

 

authorized under this section to appoint and keep challengers at

 

the polling places in the county, city, village, or township on

 

election day.

 

     (4) A person who files a statement under this section on

 

behalf of an organization or committee that is not authorized by

 

this act to appoint challengers or a clerk who knowingly fails to

 

perform the duties required by this section is guilty of a felony ,

 

punishable by a fine of not more than $1,000.00 , or by

 

imprisonment for not more than 2 years, or both.

 

     Sec. 733. (1) The A board of election inspectors or a city,

 

township, or village clerk shall provide space for the challengers

 

within the polling place or clerk's office that enables the

 

challengers to observe the election procedure and each person

 

applying to vote. A challenger may do 1 or more of the following:

 

     (a) Under the scrutiny of an election inspector or a city,

 

township, or village clerk, inspect without handling the poll books

 

as ballots are issued to electors and the electors' names are being

 

entered in the poll book.

 

     (b) Observe the manner in which the duties of the an election

 

inspectors inspector or clerk are being performed.

 

     (c) Challenge the voting rights of a person who the challenger

 

has good reason to believe is not a registered elector.

 

     (d) Challenge an election procedure that is not being properly

 

performed.

 

     (e) Bring to an election inspector's or clerk's attention any

 

of the following:

 

     (i) Improper handling of a ballot by an elector, or election

 

inspector, or clerk.

 

     (ii) A violation of a regulation made by the board of election

 

inspectors pursuant to or clerk under section 742.

 

     (iii) Campaigning being performed by an election inspector,

 

clerk, or other person in violation of section 744.

 

     (iv) A violation of election law or other prescribed election

 

procedure.

 

     (f) Remain during the canvass of votes and until the statement

 

of returns is duly signed and made.

 

     (g) Examine without handling each ballot as it is being

 

counted.

 

     (h) Keep records of votes cast and other election procedures

 

as the challenger desires.

 

     (i) Observe the recording of absent voter ballots on voting

 

machines.

 

     (2) The board of election inspectors shall provide space for

 

each challenger, if any, at each counting board that enables the

 

challengers to observe the counting of the ballots. A challenger at

 

the counting board may do 1 or more of the activities allowed in

 

subsection (1), as applicable.

 

     (3) Any evidence of drinking of alcoholic beverages or

 

disorderly conduct is sufficient cause for the expulsion of a

 

challenger from the polling place, the clerk's office, or the

 

counting board. The election inspectors, clerk, and other election

 

officials on duty shall protect a challenger in the discharge of

 

his or her duties.

 

     (4) A person shall not threaten or intimidate a challenger

 

while performing an activity allowed under subsection (1). A

 

challenger shall not threaten or intimidate an elector while the

 

elector is entering the polling place or clerk's office, applying

 

to vote, entering the voting compartment, voting, or leaving the

 

polling place or clerk's office.

 

     Sec. 761b. (1) For the period beginning 45 days before each

 

election and continuing through election day, if a city, township,

 

or village clerk's office is open and an elector may obtain his or

 

her absent voter ballot in person from the clerk at the clerk's

 

office, a person shall not do either of the following within 100

 

feet of an entrance to the clerk's office:

 

     (a) Post, display, or distribute any material that directly or

 

indirectly makes reference to an election, a candidate, or a ballot

 

question.

 

     (b) 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.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor.

 

     Sec. 761c. (1) Except as otherwise provided in this subsection

 

and section 759(1) and (2), for the period beginning 45 days before

 

each election and continuing through election day, a city,

 

township, or village clerk's office shall only be open during

 

normal business hours and shall not be open on a Saturday or Sunday

 

to process absent voter ballot applications or to issue absent

 

voter ballots. If the forty-fifth day before an election falls on a

 

Saturday or Sunday, a city, township, or village clerk's office may

 

be open on that day to process absent voter ballot applications and

 

to issue absent voter ballots in order to comply with the

 

requirements of section 759a.

 

     (2) For the period beginning 45 days before each election and

 

continuing through election day, the clerk of a city, township, or

 

village shall process absent voter ballot applications at or issue

 

absent voter ballots from the regular clerk's office and not at or

 

from any other location.

 

     Sec. 764d. (1) A city, township, or village clerk who receives

 

absent voter ballot return envelopes containing the marked ballots

 

of absent voters shall, on a daily basis during the period

 

beginning 45 days before an election and continuing through

 

election day, report to the county clerk of the county in which

 

that city, township, or village is located the name of each elector

 

who has returned to the clerk an absent voter ballot return

 

envelope.

 

     (2) When reporting election night results, each county clerk

 

shall separate for each precinct the absent voter ballot election

 

results from the election day ballot election results.