Bill Text: MI HB4539 | 2009-2010 | 95th Legislature | Engrossed

---

Bill Title: Elections; registration; electronic submission of voter registration application on secretary of state's website; allow. Amends sec. 509v of 1954 PA 116 (MCL 168.509v). TIE BAR WITH: HB 4540'09

Spectrum: Partisan Bill (Democrat 38-0)

Status: (Introduced - Dead) 2009-12-18 - Referred To Committee On Campaign And Election Oversight [HB4539 Detail]

Download: Michigan-2009-HB4539-Engrossed.html

---

HB-4539, As Passed House, December 17, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4539

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 497 and 509v (MCL 168.497 and 168.509v),

 

section 497 as amended by 1989 PA 142 and section 509v as added by

 

1994 PA 441.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 497. (1) A person who is not registered to vote 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, 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 Except

 

as otherwise provided in this act, 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 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 registered and the date of the election.

 

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

 

500a to 500j, and 504, an application for registration shall not be

 

executed at a place other than the office of the county, township,

 

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 assistant clerk may receive an

 

application wherever he or she may be. If a county, township, 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 not be placed in a precinct registration file

 

until the date immediately following that election. If a person

 

registers at a time that registrations are closed for an election,

 

the person shall 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, the provisions of this section

 

relating to registration shall apply.

 

     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) Not later than June 30, 2010, the secretary of state shall

 

develop and implement a system to allow an applicant to submit a

 

voter registration application electronically on the secretary of

 

state's website.

 

     (4) Beginning July 1, 2010, a person who is not registered to

 

vote at the address where he or she resides may submit a voter

 

registration application electronically on the secretary of state's

 

website.

 

     (5) A person who submits a voter registration application

 

electronically pursuant to subsection (4) shall do all of the

 

following:

 

     (a) Attest to the truth of the information provided on the

 

voter registration application by affirmatively accepting the

 

information as true.

 

     (b) Affirmatively assent to the use of his or her most recent

 

digitized signature if captured or reproduced by the secretary of

 

state pursuant to section 307 of the Michigan vehicle code, 1949 PA

 

300, MCL 257.307, or if captured or reproduced by the secretary of

 

state pursuant to 1972 PA 222, MCL 28.291 to 28.300.

 

     (c) Sign the voter registration application with an electronic

 

signature. As used in this subdivision, "electronic signature"

 

means that term as defined in section 2 of the uniform electronic

 

transactions act, 2000 PA 305, MCL 450.832.

 

     (6) An electronic mail address provided by an applicant who

 

submits a voter registration application electronically pursuant to

 

subsection (4) is confidential and exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (7) A person who submits a voter registration application

 

electronically must have an official state identification card

 

issued pursuant to 1972 PA 222, MCL 28.291 to 28.300, or an

 

operator's or chauffeur's license issued pursuant to the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

 

     (8) A voter registration application submitted electronically

 

House Bill No. 4539 (H-2) as amended December 17, 2009

by a person shall be considered an in-person voter registration for

 

purposes of this act.

 

     (9) A voter registration application submitted electronically

 

on the secretary of state's website before 4 p.m. on a day before

 

the election is valid for that election and all subsequent

 

elections.

 

     (10) The secretary of state shall implement security measures

 

to ensure the accuracy and integrity of the voter registrations

 

submitted electronically.

 

     (11) The secretary of state shall promulgate rules pursuant to

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328, to implement the provisions of subsections (3) to (10).

     [(12) At the end of each month, any cost savings realized by the department of state's use of electronic voter registration services as provided in this section shall be transferred to the state general fund.]

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 4540 of the 95th Legislature is enacted into

 

law.