Bill Text: MI HB4807 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Elections; voters; valid forms of voter identification; expand to include concealed pistol license. Amends secs. 523, 523a, 761 & 813 of 1954 PA 116 (MCL 168.523 et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2015-08-19 - Printed Bill Filed 08/19/2015 [HB4807 Detail]
Download: Michigan-2015-HB4807-Introduced.html
HOUSE BILL No. 4807
August 18, 2015, Introduced by Reps. Hoadley, Lyons, Pscholka, Smiley, Brunner, Hughes, Dianda, Derek Miller, Chirkun, Kivela, Santana, Faris, Jenkins, Chatfield, Greimel, Pagan, McBroom, Geiss, Garcia, Lane, Iden, LaFontaine, Glenn, Sheppard, Courser, Callton, Aaron Miller, Price, Chang, Liberati, Cochran, Greig, Gay-Dagnogo, Yanez, LaVoy, Sarah Roberts, Moss, Kosowski, Neeley, Kesto, Byrd, Zemke, Brinks, Rutledge, Driskell, Somerville, Poleski, Howrylak, Theis, Maturen, Vaupel, Garrett, Banks, Phelps, Kelly, Cole, Bumstead, Canfield, Heise, Cox, Leutheuser, Hovey-Wright, Love, Lauwers, Runestad, Franz, Barrett, Victory, Lucido, Forlini, Gamrat, Durhal, Johnson, Plawecki and Inman and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 523, 523a, 761, and 813 (MCL 168.523,
168.523a, 168.761, and 168.813), sections 523, 761, and 813 as
amended by 2012 PA 523 and section 523a as added by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 523. (1) At each election, before being given a ballot,
2 each registered elector offering to vote shall identify himself
3 or herself by presenting an official state personal
4 identification card issued to that individual under 1972 PA 222,
5 MCL 28.291 to 28.300, an operator's or chauffeur's license issued
6 to that individual under the Michigan vehicle code, 1949 PA 300,
7 MCL 257.1 to 257.923, a concealed pistol license issued to that
8 individual under 1927 PA 372, MCL 28.421 to 28.435, or other
9 generally recognized picture identification card and by executing
1 an application, on a form prescribed by the secretary of state,
2 in the presence of an election official which that includes
all
3 of the following:
4 (a) The name of the elector.
5 (b) The elector's address of residence.
6 (c) The elector's date of birth.
7 (d) An affirmative statement by the elector that is included
8 in the signature statement indicating that he or she is a citizen
9 of the United States.
10 (e) The elector's signature or mark.
11 (2) If an elector's signature contained in the qualified
12 voter file is available in the polling place, the election
13 official shall compare the signature upon the application with
14 the digitized signature provided by the qualified voter file. If
15 an elector's signature is not contained in the qualified voter
16 file, the election official shall process the application in the
17 same manner as applications are processed when a voter
18 registration list is used in the polling place. If voter
19 registration lists are used in the precinct, the election
20 inspector shall determine if the name on the application to vote
21 appears on the voter registration list. If the name appears on
22 the voter registration list, the elector shall provide further
23 identification or other information stated upon the voter
24 registration list. If the signature or an item of information
25 does not correspond, the vote of the person shall be challenged,
26 and the same procedure shall be followed as provided in this act
27 for the challenging of an elector. If the elector does not have
1 an official state personal identification card, operator's or
2 chauffeur's license, concealed pistol license, or other generally
3 recognized picture identification card as required under this
4 subsection, section, the individual shall sign an affidavit to
5 that effect before an election inspector and be allowed to vote
6 as otherwise provided in this act. However, an elector being
7 allowed to vote without the identification required under this
8 subsection section is subject to challenge as provided in section
9 727.
10 (3) If, upon a comparison of the signature or other
11 identification as required in this section, it is found that the
12 applicant is entitled to vote, the election officer having charge
13 of the registration list shall approve the application and write
14 his or her initials on the application, after which the number on
15 the ballot issued shall be noted on the application. The
16 application shall serve as 1 of the 2 poll lists required to be
17 kept as a record of a person who has voted. The application shall
18 be filed with the township, city, or village clerk. If voter
19 registration cards are used in the precinct, the date of the
20 election shall be noted by 1 of the election officials upon the
21 precinct registration card of each elector voting at an election.
22 If voter registration lists are used in the precinct, the
23 election official shall clearly indicate upon the list each
24 elector voting at that election. The clerk of a city, village, or
25 township shall maintain a record of voting participation for each
26 registered elector.
27 Sec. 523a. (1) If an individual who has applied to register
1 to vote on or before the close of registration appears at a
2 polling place on election day and completes an application under
3 section 523 is not listed on the voter registration list, the
4 election inspector shall issue a ballot to the individual as
5 follows:
6 (a) For an individual who presents a receipt issued by a
7 department of state office, a designated voter registration
8 agency, or the elector's county, city, or township clerk's office
9 verifying the acceptance of a voter registration application
10 before the close of registration and completes a new voter
11 registration application, the election inspector shall allow the
12 individual to vote a ballot in the same manner as an elector
13 whose name is listed on the voter registration list.
14 (b) For an individual who does not present a receipt
15 verifying the acceptance of a voter registration application
16 under subdivision (a), the election inspector shall determine
17 whether the individual is in the appropriate polling place based
18 on residence information provided by the individual. The election
19 inspector shall review any documents or maps in the polling place
20 or communicate with the city or township clerk to verify the
21 appropriate polling place for the individual. The election
22 inspector shall direct an individual who is not in the
23 appropriate polling place to the appropriate polling place. If
24 the individual refuses to go to the appropriate polling place,
25 the election inspector shall issue the individual a provisional
26 ballot that shall be processed according to subsection (5).
27 (2) Except for an individual who produces a receipt under
1 subsection (1)(a), the election inspector shall require an
2 individual who is not listed on the voter registration list to
3 execute a sworn statement affirming that the individual submitted
4 a voter registration application before the close of registration
5 and is eligible to vote in the election. An individual who
6 provides false information in a signed sworn statement under this
7 subsection is guilty of perjury. An individual signing a sworn
8 statement shall complete a new voter registration application.
9 The individual shall state the approximate date and in what
10 manner the registration application was submitted:
11 (a) To a department of state office.
12 (b) To a designated voter registration agency.
13 (c) To the office of his or her county, city, or township
14 clerk.
15 (d) By a mailed application.
16 (3) The election inspector shall contact the city or
17 township clerk to verify whether the individual who signed the
18 sworn statement is listed in the registration records of the
19 jurisdiction or whether there is any information contrary to the
20 content of the sworn statement.
21 (4) If the city or township clerk verifies the elector
22 information and finds no information contrary to the information
23 provided by the individual in the sworn statement and the
24 individual presents a Michigan operator's or chauffeur's license,
25 department of state issued personal identification card,
26 concealed pistol license, other government issued photo
27 identification card, or a photo identification card issued by an
1 institution of higher education in this state described in
2 section 6 of article VIII of the state constitution of 1963 or a
3 junior college or community college established under section 7
4 of article VIII of the state constitution of 1963 that contains a
5 current residence address to establish his or her identity and
6 residence address, the individual shall be permitted to vote a
7 provisional ballot on election day. Before the provisional ballot
8 is tabulated on election day, election inspectors shall process
9 the ballot as a challenged ballot under sections 745 and 746.
10 (5) If the election inspector is not able to contact the
11 city or township clerk, the individual is not in the correct
12 precinct, the individual presents identification other than a
13 Michigan operator's or chauffeur's license, department of state
14 issued personal identification card, concealed pistol license,
15 other government issued photo identification card, or a photo
16 identification card issued by an institution of higher education
17 in this state described in section 6 of article VIII of the state
18 constitution of 1963 or a junior college or community college
19 established under section 7 of article VIII of the state
20 constitution of 1963 that contains a current residence address,
21 or the individual is unable to present any identification, the
22 individual shall be issued a provisional ballot that is not
23 tabulated on election day but is secured for verification after
24 the election. A provisional ballot shall also be issued under
25 this subsection to a voter who presents a Michigan operator's
26 license, chauffeur's license, department of state issued personal
27 identification card, concealed pistol license, other government
1 issued photo identification card, or a photo identification card
2 issued by an institution of higher education in this state
3 described in section 6 of article VIII of the state constitution
4 of 1963 or a junior college or community college established
5 under section 7 of article VIII of the state constitution of 1963
6 that does not bear the voter's current residence address, if the
7 voter also presents a document to establish the voter's current
8 residence address. The election inspector shall accept a document
9 containing the name and current residence address of the voter as
10 sufficient documentation to issue a provisional ballot if it is 1
11 of the following documents:
12 (a) A current utility bill.
13 (b) A current bank statement.
14 (c) A current paycheck, government check, or other
15 government document.
16 (6) A provisional ballot shall be placed in a provisional
17 ballot return envelope prescribed by the secretary of state and
18 delivered to the city or township clerk after the polls close in
19 a manner as prescribed by the secretary of state.
20 (7) For a provisional ballot voted under subsection (4), the
21 election inspector shall provide the voter with a notice that his
22 or her ballot has been tabulated. For a provisional ballot voted
23 under subsection (5), the election inspector shall provide the
24 voter with a notice that the voter's information will be verified
25 by the clerk of the jurisdiction within 6 days after the election
26 to determine whether the ballot will be tabulated and, if the
27 ballot is not tabulated, to determine the reason it was not
1 tabulated. A clerk of a jurisdiction shall provide a free access
2 system for the voter to determine whether the ballot was
3 tabulated. The free access system may include a telephone number
4 that does not require a toll charge, a toll-free telephone
5 number, an internet website, or a mailed notice.
6 (8) As used in this section and sections 813 and 829,
7 "provisional ballot" means a special ballot utilized for an
8 individual who is not listed on the voter registration list at
9 the polling place that is tabulated only after verification of
10 the individual's eligibility to vote.
11 Sec. 761. (1) If the clerk of a city, township, or village
12 receives an application for an absent voter ballot from a person
13 registered to vote in that city, township, or village and if the
14 signature on the application agrees with the signature for the
15 person contained in the qualified voter file or on the
16 registration card as required in subsection (2), the clerk
17 immediately upon receipt of the application or, if the
18 application is received before the printing of the absent voter
19 ballots, as soon as the ballots are received by the clerk, shall
20 forward by mail, postage prepaid, or shall deliver personally 1
21 of the ballots or set of ballots if there is more than 1 kind of
22 ballot to be voted to the applicant. Subject to the
23 identification requirement in subsection (6), absent voter
24 ballots may be delivered to an applicant in person at the office
25 of the clerk.
26 (2) The qualified voter file shall be used to determine the
27 genuineness of a signature on an application for an absent voter
1 ballot. Signature comparisons shall be made with the digitized
2 signature in the qualified voter file. If the qualified voter
3 file does not contain a digitized signature of an elector, or is
4 not accessible to the clerk, the city or township clerk shall
5 compare the signature appearing on the application for an absent
6 voter ballot to the signature contained on the master card.
7 (3) Notwithstanding section 759, providing that no absent
8 voter applications shall be received by the clerk after 2 p.m. on
9 the Saturday before the election, and subject to the
10 identification requirement in subsection (6), a person qualified
11 to vote as an absent voter may apply in person at the clerk's
12 office before 4 p.m. on a day before the election except Sunday
13 or a legal holiday to vote as an absent voter. The applicant
14 shall receive his or her absent voter ballot and vote the ballot
15 in the clerk's office. All other absent voter ballots, except
16 ballots delivered pursuant to an emergency absent voter ballot
17 application under section 759b, shall be mailed or delivered to
18 the registration address of the applicant unless the application
19 requests delivery to an address outside the city, village, or
20 township or to a hospital or similar institution, in which case
21 the absent voter ballots shall be mailed or delivered to the
22 address given in the application. However, a clerk may mail or
23 deliver an absent voter ballot, upon request of the absent voter,
24 to a post office box if the post office box is where the absent
25 voter normally receives personal mail and the absent voter does
26 not receive mail at his or her registration address.
27 (4) Absent voter ballots shall be issued in the same order
1 in which applications are received by the clerk of a city,
2 township, or village, as nearly as may be, and each ballot issued
3 shall bear the lowest number of each kind available for this
4 purpose. However, this provision does not prohibit a clerk from
5 immediately issuing an absent voter ballot to an absent voter who
6 applies in person in the clerk's office for absent voter ballots.
7 The clerk shall enclose with the ballot or ballots a return
8 envelope properly addressed to the clerk and bearing upon the
9 back of the envelope a printed statement in substantially the
10 following form:
11 TO BE COMPLETED
12 BY THE CLERK
13 ______________________________ ____________________________
14 Name of Voter Street Address or R.R.
15 ______________________________ ____________________________
16 City, Township or Village County
17 Ward ________ Precinct _______ Date of Election _____________
18 =================================================================
19 TO BE COMPLETED BY THE ABSENT VOTER
20 I assert that I am a United States citizen and a qualified
21 and registered elector of the city, township, or village named
22 above. I am voting as an absent voter in conformity with state
23 election law. Unless otherwise indicated below, I personally
24 marked the ballot enclosed in this envelope without exhibiting it
25 to any other person.
26 I further assert that this absent voter ballot is being
27 returned to the clerk or an assistant of the clerk by me
1 personally; by public postal service, express mail service,
2 parcel post service, or other common carrier; by a member of my
3 immediate family; or by a person residing in my household.
4 DATE: ______________ SIGN HERE: X_________________________
5 Signature of Absent Voter
6 The above form must be signed or your vote will not be counted.
7 AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY
8 OF A MISDEMEANOR.
9 =================================================================
10 TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING
11 BY ANOTHER PERSON
12 I assisted the above named absent voter who is disabled or
13 otherwise unable to mark the ballot in marking his or her absent
14 voter ballot pursuant to his or her directions. The absent voter
15 ballot was inserted in the return envelope without being
16 exhibited to any other person.
17 _______________________ __________________ ___________________
18 Signature of Person Street Address City, Twp., or
19 Assisting Voter or R.R. Village
20 _________________________________________________________________
21 Printed Name of Person Assisting Voter
22 A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A
23 FALSE STATEMENT IS GUILTY OF A FELONY.
24 =================================================================
25 WARNING
26 PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER
1 BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER;
2 A PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY
3 OR RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED
4 BY THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT
5 IS TO HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A
6 PUBLIC POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE,
7 OR COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR
8 HER EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER
9 AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR
10 SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT
11 VOTER BALLOT IS GUILTY OF A FELONY.
12 (5) An absent voter who knowingly makes a false statement on
13 the absent voter ballot return envelope is guilty of a
14 misdemeanor. A person who assists an absent voter and who
15 knowingly makes a false statement on the absent voter ballot
16 return envelope is guilty of a felony.
17 (6) If an elector obtains his or her absent voter ballot in
18 person from the clerk of the city, township, or village in which
19 he or she is registered, the clerk of the city, township, or
20 village shall not provide an absent voter ballot to that elector
21 until the elector identifies himself or herself to the clerk by
22 presenting an official state personal identification card issued
23 to that elector under 1972 PA 222, MCL 28.291 to 28.300, an
24 operator's or chauffeur's license issued to that elector under
25 the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, a
26 concealed pistol license issued to that elector under 1927 PA
27 372, MCL 28.421 to 28.435, or other generally recognized picture
1 identification card. If an elector does not have an official
2 state personal identification card, operator's or chauffeur's
3 license, concealed pistol license, or other generally recognized
4 picture identification card, the elector may sign an affidavit to
5 that effect before the clerk of the city, township, or village
6 and be allowed to obtain his or her absent voter ballot in person
7 from the clerk. The clerk of the city, village, or township shall
8 indicate to each elector who obtains his or her absent voter
9 ballot in person from the clerk that the elector may sign an
10 affidavit indicating that the elector does not have an official
11 state personal identification card, operator's or chauffeur's
12 license, concealed pistol license, or other generally recognized
13 picture identification card in order to obtain his or her absent
14 voter ballot in person from the clerk. However, if an elector
15 obtains his or her absent voter ballot in person from the clerk
16 and votes by absent voter ballot without providing the
17 identification required under this subsection, the absent voter
18 ballot of that elector shall be prepared as a challenged ballot
19 as provided in section 727 and shall be counted as any other
20 ballot is counted unless determined otherwise by a court of law
21 under section 747 or 748 or any other applicable law.
22 Sec. 813. (1) Within 6 days after an election, for each
23 provisional ballot that was placed in a provisional ballot return
24 envelope, the city or township clerk shall determine whether the
25 individual voting the provisional ballot was eligible to vote a
26 ballot and whether to tabulate the provisional ballot. In making
27 this determination, the city or township clerk shall not open the
1 provisional ballot return envelope. A provisional ballot shall
2 only be tabulated if a valid voter registration record for the
3 elector is located or if the identity and residence of the
4 elector is established using a Michigan operator's license,
5 chauffeur's license, personal identification card, concealed
6 pistol license, other government issued photo identification
7 card, or a photo identification card issued by an institution of
8 higher education in this state described in section 6 of article
9 VIII of the state constitution of 1963 or a junior college or
10 community college established under section 7 of article VIII of
11 the state constitution of 1963 along with a document to establish
12 the voter's current residence address as provided in section
13 523a(5). Before the provisional ballot is tabulated, election
14 officials shall process the ballot as a challenged ballot under
15 sections 745 and 746.
16 (2) Within 7 days after an election, but sooner if
17 practicable, the city or township clerk shall transmit the
18 results of provisional ballots tabulated after the election to
19 the board of county canvassers. The results shall be transmitted
20 in a form prescribed by the secretary of state.
21 (3) Within 7 days after an election, the city or township
22 clerk shall transmit to the county clerk a provisional ballot
23 report for each precinct in the jurisdiction. The report shall
24 include for each precinct the number of provisional ballots
25 issued, the number of provisional ballots tabulated on election
26 day, the number of provisional ballots forwarded to the clerk to
27 be determined after the election, the number of provisional
1 ballots tabulated by the clerk after election day, and any
2 additional information concerning provisional ballots as required
3 by the secretary of state.
4 (4) Within 7 days after an election, the city or township
5 clerk shall transmit to the county clerk an affidavit report that
6 includes the number of affidavits signed by voters under section
7 523(2). The affidavit report shall be transmitted to the county
8 clerk in a form prescribed by the secretary of state.
9 Enacting section 1. This amendatory act takes effect 90 days
10 after the date it is enacted into law.
