Bill Text: MI HB5060 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Elections; absent voters; definition of absent voter; expand to include an elector who applies in person at the clerk's office and who presents photo identification. Amends secs. 758 & 759 of 1954 PA 116 (MCL 168.758 & 168.759).

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2011-10-13 - Printed Bill Filed 10/13/2011 [HB5060 Detail]

Download: Michigan-2011-HB5060-Introduced.html

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HOUSE BILL No. 5060

 

October 12, 2011, Introduced by Reps. Denby, Kowall and Jacobsen and referred to the Committee on Redistricting and Elections.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 758 and 759 (MCL 168.758 and 168.759),

 

section 758 as amended by 1996 PA 207 and section 759 as amended

 

by 1995 PA 261.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 758. (1) For the purposes of this act, "absent voter"

 

 2  means a qualified and registered elector who meets 1 or more of

 

 3  the following requirements:

 

 4        (a) On account of physical disability, cannot without

 

 5  another's assistance attend the polls on the day of an election.

 

 6        (b) On account of the tenets of his or her religion, cannot

 

 7  attend the polls on the day of election.

 

 1        (c) Cannot attend the polls on the day of an election in the

 

 2  precinct in which he or she resides because of being an election

 

 3  precinct inspector in another precinct.

 

 4        (d) Is 60 years of age or older.

 

 5        (e) Is absent or expects to be absent from the township or

 

 6  city in which he or she resides during the entire period the

 

 7  polls are open for voting on the day of an election.

 

 8        (f) Cannot attend the polls on election day because of being

 

 9  confined in jail awaiting arraignment or trial.

 

10        (g) Applies for an absent voter ballot in person with the

 

11  clerk of the township, city, or village in which he or she is

 

12  registered, and he or she identifies himself or herself to the

 

13  clerk by presenting an official state identification card issued

 

14  to that elector under 1972 PA 222, MCL 28.291 to 28.300, an

 

15  operator's or chauffeur's license issued to that elector under

 

16  the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

 

17  other generally recognized picture identification card.

 

18        (2) Subsection (1) does not apply to a person who has moved

 

19  outside of this state, regardless of length of his or her

 

20  residence outside of this state, and who no longer maintains an

 

21  actual residence in this state. The storage of personal effects

 

22  or household goods, the ownership of property that is rented or

 

23  leased to others, or occasional brief visits to a former domicile

 

24  in this state while residing outside of this state for most of

 

25  the year does do not constitute a residence for voting purposes

 

26  in this state, except for each of the following:

 

27        (a) A person described in section 1 of article II of the

 

 1  state constitution of 1963 and statutes enacted under that

 

 2  section.

 

 3        (b) A person described in section 759a.

 

 4        Sec. 759. (1) At any time during the 75 days before a

 

 5  primary or special primary, but not later than 2 p.m. of the

 

 6  Saturday immediately before the primary or special primary, an

 

 7  elector who qualifies to vote as an absent voter, as defined in

 

 8  section 758, may apply for an absent voter ballot. The elector

 

 9  shall apply in person or, subject to section 758(1)(g), by mail

 

10  with the clerk of the township, city, or village in which the

 

11  elector is registered. An application received before a primary

 

12  or special primary may be for either that primary only, or for

 

13  that primary and the election that follows.

 

14        (2) Except as otherwise provided in subsection (1), at

 

15  anytime during the 75 days before an election, but not later than

 

16  2 p.m. of the Saturday before the election, an elector who

 

17  qualifies to vote as an absent voter, as defined in section 758,

 

18  may apply for an absent voter ballot. The elector shall apply in

 

19  person or, subject to section 758(1)(g), by mail with the clerk

 

20  of the township, city, or village in which the voter is

 

21  registered.

 

22        (3) An application for an absent voter ballot under this

 

23  section may be made in any of the following ways:

 

24        (a) By a written request signed by the voter stating the

 

25  statutory grounds for making the application.

 

26        (b) On an absent voter ballot application form provided for

 

27  that purpose by the clerk of the city, township, or village.

 

 1        (c) On a federal postcard application.

 

 2        (4) An applicant for an absent voter ballot shall sign the

 

 3  application. A clerk or assistant clerk shall not deliver an

 

 4  absent voter ballot to an applicant who does not sign the

 

 5  application. A person other than shall not be in possession of a

 

 6  signed absent voter ballot application except for the applicant;

 

 7  a member of the applicant's immediate family; a person residing

 

 8  in the applicant's household; a person whose job normally

 

 9  includes the handling of mail, but only during the course of his

 

10  or her employment; a registered elector requested by the

 

11  applicant to return the application; or a clerk, assistant of the

 

12  clerk, or other authorized election official. shall not be in

 

13  possession of a signed absent voter ballot application. A

 

14  registered elector who is requested by the applicant to return

 

15  his or her absent voter ballot application shall sign the

 

16  certificate on the absent voter ballot application.

 

17        (5) The clerk of the city, township, or village shall have

 

18  absent voter ballot application forms available in the office of

 

19  the clerk at all times and shall furnish an absent voter ballot

 

20  application form to anyone upon a verbal or written request. The

 

21  absent voter ballot application shall be in substantially the

 

22  following form:

 

23        "Application for absent voter ballot for:

 

24        [  ] The primary or special primary election to be held on

 

25  ..... , 19... ._______ [Date].

 

26        [  ] The election to be held on ..... , 19... ._______

 

27  [Date].

 

 1        (Check applicable election or elections)

 

 2        I, .................................. , a qualified and

 

 3  registered elector of the ............ precinct of the township

 

 4  of ............ or village of ............ or of the ............

 

 5  ward of the city of .................................. , in the

 

 6  county of .................................. and state of

 

 7  Michigan, apply for an official ballot, or ballots, to be voted

 

 8  by me at the election or elections as requested in this

 

 9  application.

 

10        The statutory grounds on which I base my request are:

 

11        [  ] I expect to be absent from the community in which I am

 

12  registered for the entire time the polls are open on election

 

13  day.

 

14        [  ] I am physically unable to attend the polls without the

 

15  assistance of another.

 

16        [  ] I cannot attend the polls because of the tenets of my

 

17  religion.

 

18        [  ] I have been appointed an election precinct inspector in

 

19  a precinct other than the precinct where I reside.

 

20        [  ] I am 60 years of age or older.

 

21        [  ] I cannot attend the polls because I am confined to jail

 

22  awaiting arraignment or trial.

 

23        [  ] I am applying for an absent voter ballot in person with

 

24  the clerk of the township, city, or village in which I am

 

25  registered, and I am identifying myself to the clerk by

 

26  presenting an official state identification card, an operator's

 

27  or chauffeur's license, or other generally recognized picture

 

 1  identification card.

 

 2        (Check applicable reason)

 

 

3       Send absent voter ballot to me at:

4       ...........................................

5                  (Street No. or R.R.)

6       ...........................................

7       (Post Office)            (State) (Zip Code)

8       My registered address .......................................

9                                      (Street No. or R.R.)

10                            .......................................

11                            (Post Office)        (State) (Zip Code)

12      Date.........................................................

13      I declare certify that the statements in this absent voter

14      ballot application are true.

15                            .......................................

16                                          (Signature)

17                               WARNING

 

 

18        A person making a false statement in this absent voter

 

19  ballot application is guilty of a misdemeanor. It is a violation

 

20  of Michigan election law for a person other than those listed in

 

21  the instructions to return, offer to return, agree to return, or

 

22  solicit to return your absent voter ballot application to the

 

23  clerk. An assistant authorized by the clerk who receives absent

 

24  voter ballot applications at a location other than the office of

 

25  the clerk must have credentials signed by the clerk. Ask to see

 

26  his or her credentials before entrusting your application with a

 

27  person claiming to have the clerk's authorization to return your

 

28  application.

 

 

1                 Certificate of Authorized Registered

2                    Elector Returning Absent Voter

3                         Ballot Application

 

 

 4        I certify that my name is .................... , my address

 

 5  is .................... , and my date of birth is ............ ;

 

 6  that I am delivering the absent voter ballot application of

 

 7  .................... at his or her request; that I did not

 

 8  solicit or request to return the application; that I have not

 

 9  made any markings on the application; that I have not altered the

 

10  application in any way; that I have not influenced the applicant;

 

11  and that I am aware that a false statement in this certificate is

 

12  a violation of Michigan election law.

 

 

13    _____________             __________________________________

14          (Date)                          (Signature)"

 

 

15        (6) The following instructions for an applicant for an

 

16  absent voter ballot shall be included with each application

 

17  furnished an applicant:

 

 

18        INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

 

19        Step 1. After completely filling out the application, sign

 

20  and date the application in the place designated. Your signature

 

21  must appear on the application or you will not receive an absent

 

22  voter ballot.

 

23        Step 2. Deliver the application by 1 of the following

 

24  methods:

 

 1        (a) Place Subject to (e), place the application in an

 

 2  envelope addressed to the appropriate clerk and place the

 

 3  necessary postage upon the return envelope and deposit it in the

 

 4  United States mail or with another public postal service, express

 

 5  mail service, parcel post service, or common carrier.

 

 6        (b) Deliver the application personally to the office of the

 

 7  clerk, to the clerk, or to an authorized assistant of the clerk.

 

 8        (c) In Subject to (e), in either (a) or (b), a member of the

 

 9  immediate family of the voter including a father-in-law, mother-

 

10  in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-

 

11  law, grandparent, or grandchild or a person residing in the

 

12  voter's household may mail or deliver the application to the

 

13  clerk for the applicant.

 

14        (d) In the event Subject to (e), if an applicant cannot

 

15  return the application in any of the above methods, the applicant

 

16  may select any registered elector to return the application. The

 

17  person returning the application must sign and return the

 

18  certificate at the bottom of the application.

 

19        (e) If an applicant is required to present an official state

 

20  identification card, an operator's or chauffeur's license, or

 

21  other generally recognized picture identification card to the

 

22  township, city, or village clerk, that applicant shall personally

 

23  deliver his or her application to the clerk.

 

24        (7) A person who prints and distributes absent voter ballot

 

25  applications shall print on the application the warning,

 

26  certificate of authorized registered elector returning absent

 

27  voter ballot application, and instructions required by this

 

 1  section.

 

 2        (8) A person who makes a false statement in an absent voter

 

 3  ballot application is guilty of a misdemeanor. A person who

 

 4  forges a signature on an absent voter ballot application is

 

 5  guilty of a felony. A person who is not authorized in this act

 

 6  and who both distributes absent voter ballot applications to

 

 7  absent voters and returns those absent voter ballot applications

 

 8  to a clerk or assistant of the clerk is guilty of a misdemeanor.