Bill Text: MI HB5258 | 2021-2022 | 101st Legislature | Engrossed


Bill Title: Elections: candidates; transmission of proof copies of the ballot to candidates; allow clerks to email. Amends secs. 565, 710 & 711 of 1954 PA 116 (MCL 168.565 et seq.).

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Engrossed) 2022-03-24 - Referred To Committee Of The Whole [HB5258 Detail]

Download: Michigan-2021-HB5258-Engrossed.html

 

 

Substitute For

HOUSE BILL NO. 5258

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 565, 710, and 711 (MCL 168.565, 168.710, and 168.711), sections 565 and 711 as amended by 1984 PA 113.

the people of the state of michigan enact:

Sec. 565. (1) Proof Not less than 58 days before the primary election, proof copies of the ballots shall must be placed on file in the office of the county clerk. at least 14 days prior to the primary election, and, at At the time of filing, the county clerk shall send by email 1 proof copy of the ballot shall be sent in counties with a population of 1,500,000 or more by registered or certified mail with return receipt demanded, and in counties with less than 1,500,000 by first class mail to the secretary of state and shall send by first-class mail 1 proof copy of the ballot to each candidate whose name appears upon on the ballots, at his or her last known ballot to the candidate's address listed on his or her affidavit of identity. If a candidate provides an email address on his or her affidavit of identity, the county clerk may also send a proof copy of the ballot to the candidate by email.

(2) If a candidate desires to correct an error on the ballot, the candidate shall forward the ballot to contact the county clerk within 2 business days of the receipt of the ballot, by telephone or email with the corrections. noted on the ballot. All corrections must be received by the county clerk no later than 4 p.m. on the fifth business day after the proof copy of the ballot is mailed to each candidate as provided in subsection (1). After 4 p.m. on the fifth business day after the county clerk mails the proof copy of the ballot to each candidate as provided in subsection (1), the county clerk is authorized to begin printing the ballots.

(3) The county clerk shall prepare and sign an affidavit when sending proof ballots which: attests that proof that attests to all of the following:

(a) Proof ballots were mailed as required. ; lists the

(b) The names of the candidates who were mailed proof ballots. ; the

(c) Each address to which the proof ballots were mailed. ; and lists the

(d) The date or dates proof ballots were mailed.

Sec. 710. The county board of election commissioners shall place on file at the office of the county clerk, at least 15 58 days prior to before any election, a proof copy of the official ballot containing the names of candidates for public office to be voted for at such the election. , and such The proof copies shall must be open for public inspection.

Sec. 711. (1) At the time of filing the proof copy of the ballot at the office of the county clerk, the county board of election commissioners shall direct the county clerk to send in counties with a population of 1,500,000 or more by registered or certified mail, with a return receipt demanded, and in counties with less than 1,500,000 by first class first-class mail a proof copy of the official ballot to each candidate whose name appears on the ballot at to the candidate's last known address listed on his or her affidavit of identity. If a candidate provides an email address on his or her affidavit of identity, the county clerk may also send a proof copy of the ballot to the candidate by email.

(2) The county clerk shall prepare and sign an affidavit when sending proof ballots which: that attests that proof to all of the following:

(a) Proof ballots were mailed as required. ; lists the

(b) The names of the candidates who were mailed proof ballots. ; the

(c) Each address to which the proof ballots were mailed. ; and lists the

(d) The date or dates proof ballots were mailed.

(3) The county board of election commissioners shall also direct the county clerk to send 2 copies of proof ballots by email to the secretary of state who shall immediately approve and certify the ballot or notify the board of election commissioners county clerk of any correction.

(4) If a candidate desires to correct an error on the ballot, the candidate shall forward the ballot to contact the county clerk within 2 business days of the receipt of the ballot by telephone or email with the corrections. noted on the ballot. The board of election commissioners shall correct errors found in the ballot by the inspection provided for in this section and at the expiration of the 2-day correction period shall proceed with the printing of the ballots. All corrections must be received by the county clerk no later than 4 p.m. on the fifth business day after the proof copy of the ballot is mailed to each candidate as provided in subsection (1). After 4 p.m. on the fifth business day after the county clerk mails the proof copy of the ballot to each candidate as provided in subsection (1), the county clerk is authorized to begin printing the ballots.

(5) The county clerk shall forward email a copy of the corrected ballot to the secretary of state.

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