Bill Text: MI HB4227 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: qualified voter file; most recent digitized photographic image of an elector to be contained in the qualified vote file; require, and require election officials to compare the digitized photographic image of an elector to that elector before voting. Amends secs. 509q, 509gg, 509hh, 523, 813 & 829 of 1954 PA 116 (MCL 168.509q et seq.).
Spectrum: Partisan Bill (Republican 21-0)
Status: (Introduced) 2023-03-09 - Bill Electronically Reproduced 03/09/2023 [HB4227 Detail]
Download: Michigan-2023-HB4227-Introduced.html
HOUSE BILL NO. 4227
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 509q, 509gg, 509hh, 523, 813, and 829 (MCL 168.509q, 168.509gg, 168.509hh, 168.523, 168.813, and 168.829), section 509q as amended by 2020 PA 302, section 509gg as amended by 2014 PA 94, section 509hh as added by 2005 PA 71, section 523 as amended by 2018 PA 129, and sections 813 and 829 as amended by 2018 PA 603.
the people of the state of michigan enact:
Sec. 509q. (1) Subject to subsection (2), the qualified voter file must contain all of the following information for each qualified voter:
(a) The name; residence address including house number and street name or rural route and box number, and the apartment number, if any; city; state; zip code; and date of birth.
(b) The driver license number or state personal identification card number or similar number issued by a designated voter registration agency.
(c) Jurisdictional information including county and city or township; village, if any; metropolitan district, if any; and school district.
(d) Precinct numbers and ward numbers, if any.
(e) Any other information that the secretary of state determines is necessary to assess the eligibility of qualified electors or to administer voter registration or other aspects of the election process.
(f) Voting history for a 5-year period.
(g) The most recent digitized signature of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305, or 1972 PA 222, MCL 28.291 to 28.300.
(h) The most recent digital photographic image of an elector if captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, or section 2 of 1972 PA 222, MCL 28.292, or the most recent facial image of an elector if captured or reproduced by the secretary of state under section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305.
(2) If a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the qualified voter file must also contain the program participant's unique identification number issued by the department of the attorney general.
(3) Except as otherwise provided in this subsection, if a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the information contained in the qualified voter file for that program participant, including his or her that program participant's unique identification number issued by the department of the attorney general, is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The information contained in the qualified voter file for a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, may be used by an election official during the normal course of his or her the election official's duties as an election official.
Sec. 509gg. (1) The information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following:
(a) The record that a person an individual declined to register to vote.
(b) The office that received a registered voter's elector's application.
(c) A registered voter's driver's elector's driver license or state personal identification card number.
(d) The month and day of birth of a registered voter.elector.
(e) The telephone number provided by a registered voter.elector.
(f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305, or 1972 PA 222, MCL 28.291 to 28.300.
(g) The most recent digital photographic image of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, or section 2 of 1972 PA 222, MCL 28.292, or the most recent facial image of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state under section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305.
(2) Except as otherwise provided in this subsection, the last 4 digits of a registered voter's social security elector's Social Security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered voter's social security elector's Social Security number contained in a registration record may only be used by the secretary of state to verify a registered voter's elector's data as provided by the help America vote act of 2002 and to verify a registered voter's elector's status under this act, and shall must not be used or released for any other purpose.
Sec. 509hh. (1) The secretary of state may capture or reproduce the signature of an elector from a voter registration application or pursuant to under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305, or 1972 PA 222, MCL 28.291 to 28.300, and transmit the signature to the qualified voter file pursuant to under section 509q.
(2) The county, city, or township clerk may capture or reproduce the signature of an elector from a voter registration application and transmit the signature to the qualified voter file pursuant to under section 509q.
(3) The secretary of state may capture or reproduce the most recent digital photographic image of an elector under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, or section 2 of 1972 PA 222, MCL 28.292, or capture or reproduce the most recent facial image of an elector under section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305, and transmit the digital photographic image or facial image to the qualified voter file under section 509q.
Sec. 523. (1) Except as otherwise provided in subsection (2), (5), at each election, before being given a ballot, each registered elector offering to vote must identify himself or herself by presenting present identification for election purposes, and by executing must execute an application, on a form prescribed by the secretary of state, in the presence of an election official that includes all of the following:
(a) The name of the elector.
(b) The elector's address of residence.
(c) The elector's date of birth.
(d) An affirmative statement by the elector that is included in the signature statement indicating that he or she the elector is a citizen of the United States.
(e) The elector's signature or mark.
(2) If an An elector's digitized signature and digital photographic image or facial image contained in the qualified voter file is available must be included in the electronic poll book used in the polling place. , the The election official shall must compare the signature upon on the application with the elector's digitized signature provided by the qualified voter file. in the electronic poll book. In addition, the election official must compare the elector with the elector's digital photographic image or photo image in the electronic poll book.
(3) If an elector's digitized signature does not correspond to the elector's signature on the application and that elector's digital photographic image or facial image does not correspond to that elector, the vote of the individual must be challenged, and the same procedure must be followed as provided in this act for the challenging of an elector.
(4) If an elector's digitized signature is not contained in the qualified voter file, electronic poll book, the election official shall process the application in the same manner as applications are processed when a voter registration list is used in the polling place. If voter registration lists are used in the precinct, the election inspector shall determine if the name on the application to vote appears on the voter registration list. If the name appears on the voter registration list, the elector shall provide further identification or other information stated upon on the voter registration list. If the signature or an item of information does not correspond, the vote of the person individual must be challenged, and the same procedure must be followed as provided in this act for the challenging of an elector.
(5) If the elector does not have identification for election purposes as required under this section, the individual shall sign an affidavit to that effect before an election inspector and be allowed to vote as otherwise provided in this act. However, an elector being allowed to vote without identification for election purposes as required under this section is subject to challenge as provided in section 727.
(6) (3) If, upon on a comparison of the signature, or digital photographic image or facial image, and other identification as required in this section, it is found that the applicant is entitled to vote, the election officer having charge of the registration list shall approve the application and write his or her the election officer's initials on the application, after which the number on the ballot issued must be noted on the application. The application serves as 1 of the 2 poll lists required to be kept as a record of a person an individual who has voted. The application must be filed with the township , or city , or village clerk. If voter registration cards are used in the precinct, the date of the election must be noted by 1 of the election officials upon on the precinct registration card of each elector voting at an election. If voter registration lists are used in the precinct, the election official shall clearly indicate upon on the list each elector voting at that election. The clerk of a city , village, or township shall maintain a record of voting participation for each registered elector.
Sec. 813. (1) Within 6 days after an election, for each provisional ballot that was placed in a provisional ballot return envelope, the city or township clerk shall determine whether the individual voting the provisional ballot was eligible to vote a ballot and whether to tabulate the provisional ballot. In making this determination, the city or township clerk shall not open the provisional ballot return envelope. A provisional ballot must only be tabulated if a valid voter registration record for the elector is located or if the identity and residence of the elector is established using identification for election purposes, along with a current utility bill, bank statement, paycheck, government check, or other government document to establish the voter's current residence address if the identification for election purposes used by the elector does not contain the voter's current residence address. Before the provisional ballot is tabulated, election officials shall process the ballot as a challenged ballot under sections 745 and 746.
(2) Within 7 days after an election, but sooner if practicable, the city or township clerk shall transmit the results of provisional ballots tabulated after the election to the board of county canvassers. The results must be transmitted in a form prescribed by the secretary of state.
(3) Within 7 days after an election, the city or township clerk shall transmit to the county clerk a provisional ballot report for each precinct in the jurisdiction. The report must include for each precinct the number of provisional ballots issued, the number of provisional ballots tabulated on election day, the number of provisional ballots forwarded to the clerk to be determined after the election, the number of provisional ballots tabulated by the clerk after election day, and any additional information concerning provisional ballots as required by the secretary of state.
(4) Within 7 days after an election, the city or township clerk shall transmit to the county clerk an affidavit report that includes the number of affidavits signed by voters under section 523(2). 523. The affidavit report must be transmitted to the county clerk in a form prescribed by the secretary of state.
(5) Within 7 days after an election, the city or township clerk shall ensure that the qualified voter file is current and includes any individual who registered to vote under section 497(3) and (4).
Sec. 829. (1) The board of county canvassers shall include the results of the tabulated provisional ballots in the canvass of the election following procedures prescribed by the secretary of state designed to maintain the secrecy of the ballot.
(2) Within 14 days after a primary or election, the county clerk shall transmit a county provisional ballot report to the secretary of state. The county provisional ballot report must be in a manner prescribed by the secretary of state. After the secretary of state receives a county provisional ballot report, the county provisional ballot report must be immediately available for public inspection.
(3) Within 14 days after an election, the county clerk shall transmit a county affidavit report to the secretary of state. The county affidavit report must include the number of affidavits signed by voters under section 523(2). 523. The county affidavit report must be transmitted in a form prescribed by the secretary of state. After the secretary of state receives the county affidavit report from the county clerk, the county affidavit report must immediately be available for public inspection.
(4) Within 14 days after an election, the secretary of state shall transmit to the house and senate committees dealing with elections a voter registration application report that includes the number of voter registration applications executed by applicants under section 497(3) and (4).
