Bill Text: MI HB4671 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Elections; election officials; certain county clerks conducting election administration duties for local governments, certain local clerks conducting election administration duties for other local governments, and the bureau of elections handling the qualified voter file list maintenance; permit under certain circumstances. Amends sec. 509o of 1954 PA 116 (MCL 168.509o) & adds sec. 645a.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-12-05 - Referred To Committee On Elections And Government Reform [HB4671 Detail]

Download: Michigan-2017-HB4671-Engrossed.html

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.

 

     (c) Conducting regular list maintenance of the qualified voter

 

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.

 

     (c) Conducting regular list maintenance of the qualified voter

 

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.

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