HOUSE BILL No. 5265

 

 

November 28, 2017, Introduced by Reps. Wittenberg, Gay-Dagnogo, Moss, Zemke, Camilleri, Hertel, Hoadley, Geiss, Liberati, Pagan, Schor, Howrylak and Robinson and referred to the Committee on Elections and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 497, 498, 500a, and 500d (MCL 168.497,

 

168.498, 168.500a, and 168.500d), section 497 as amended by 1989 PA

 

142, section 498 as amended by 2005 PA 71, and section 500a as

 

amended by 1995 PA 87; and to repeal acts and parts of acts.

 

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 Voter

 

registrations accepted between the thirtieth tenth day preceding

 


before an election and the day of the election, unless the

 

thirtieth tenth day falls on a Saturday, Sunday, or legal holiday,

 

in which event voter registration shall must be accepted during the

 

following day, are not valid for the election but are valid for a

 

subsequent regular, primary, school, or special elections that are

 

held so that not less than 30 days intervene between election that

 

is held more than 10 days after the date the person registered and

 

the date of the election.to vote.

 

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

 

500a to 500j , and 504, an application for registration shall 509v,

 

a voter registration application must 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 voter registration

 

applications. However, a clerk or deputy registrar assistant clerk

 

may receive an a voter registration 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 voter registration applications for

 

registration on a particular day nor during specific hours of a

 

day, except as provided in section 498. Registrations A voter

 

registration taken after the time of closing registrations before

 

an election need not be processed until the date immediately

 

following that election . A registration shall and must not be

 

placed in a precinct registration file until the date immediately

 

following that election. If a person registers to vote at a time


that registrations are closed for an election, the person shall

 

must 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. 498. (1) The governing body of a township, city, or

 

village may provide by resolution that in that township, city, or

 

village the clerk shall be at the clerk's office, or in some other

 

convenient place designated by the clerk, during the hours

 

designated by the governing body on the thirtieth tenth day

 

preceding an election or primary election in the township, city, or

 

village, unless the thirtieth tenth day falls on a Saturday,

 

Sunday, or legal holiday, in which event voter registration shall

 

must be accepted during the same hours on the following day.

 

     (2) In a township, city, or village in which the clerk does

 

not maintain regular daily office hours, the township board or the

 

legislative body of the city or village may require that the clerk

 

of the township, city, or village shall be at the clerk's office or

 

other designated place for the purpose of receiving voter

 

registration applications for registration on the days which that

 

the board or legislative body designates, but not more than 5 days

 

before the last day for voter registration.

 

     (3) The clerk of each township, city, and village shall give

 

public notice of the days and hours that the clerk will be at the

 

clerk's office or other designated place for the purpose of


receiving voter registrations before an election or primary

 

election by publication of the notice, except as provided in

 

subsection (4) and section 497(2), in a newspaper published or of

 

general circulation in the township, city, or village and, if

 

considered advisable by the township, city, or village clerk, by

 

posting written or printed notices in at least 2 of the most

 

conspicuous places in each election precinct. Except as provided in

 

subsection (4), the publication or posting shall must be made not

 

less than 7 days before the last day for receiving voter

 

registrations. The notice of voter registration shall must include

 

the offices to be filled that will appear on the ballot. If the

 

notice of voter registration is for an election that includes a

 

ballot proposal, a caption or brief description of the ballot

 

proposal along with the location where an elector can obtain the

 

full text of the ballot proposal shall must be stated in the

 

notice.

 

     (4) Notice of voter registration for a school millage election

 

that will be held pursuant to section 36 of the general property

 

tax act, 1893 PA 206, MCL 211.36, shall be is required to be

 

published once and shall must be made not less than 5 days before

 

the last day for receiving voter registrations. as provided in

 

section 497a.

 

     (5) A county clerk may enter into an agreement with the clerk

 

of 1 or more townships or cities in the county or the clerks of 1

 

or more cities or townships in a county may enter into an agreement

 

to jointly publish the notice required in subsection (3). The

 

notice shall must be published in a newspaper of general


circulation in the cities and townships listed in the notice.

 

     Sec. 500a. (1) The secretary of state or the secretary of

 

state's agent shall afford allow a person who appears in a

 

department of state branch office or a person who applies for

 

renewal of an operator's or chauffeur's license under section 307

 

of the Michigan vehicle code, Act No. 300 of the Public Acts of

 

1949, being section 257.307 of the Michigan Compiled Laws, an

 

opportunity 1949 PA 300, MCL 257.307, to complete an application to

 

register to vote a voter registration application or to change the

 

person's voting registration name or address, if the applicant

 

possesses the qualifications of an elector on the date of

 

application or will possess the qualifications at the next

 

election. This subsection does not require a registered elector to

 

periodically reregister or to renew his or her registration. The

 

application for registration voter registration application made

 

under this section shall must contain all of the following:

 

     (a) The name of the applicant.

 

     (b) The residence address of the applicant, including the

 

street and number or rural route and box number and apartment

 

number, if any.

 

     (c) The city or township and county of residence of the

 

applicant, and the school district of the applicant, if known.

 

     (d) The date of birth of the applicant.

 

     (e) The birthplace of the applicant.

 

     (f) The driver's driver license or state personal

 

identification card number of the applicant, if available.

 

     (g) A statement that the applicant has the qualifications of


an elector as of the date of applying for registration, or will

 

have the qualifications of an elector at the next election.

 

     (h) A statement that the registration is not effective until

 

processed by the clerk of the city or township in which the

 

applicant resides.

 

     (i) A statement that the applicant, if qualified, may vote at

 

an election occurring not less than 30 10 days after the date of

 

completing the application.

 

     (j) A space to indicate the applicant's last place of

 

registration, if any.

 

     (k) A statement authorizing the cancellation of registration

 

at the applicant's last place of registration.

 

     (l) A space for the applicant to sign and certify to the truth

 

of the statements on the application.

 

     (2) The applicant shall sign the voter registration

 

application. Upon receipt of receiving the application, the agent

 

shall sign the application, stamp the application with a validation

 

stamp, and provide the applicant with a receipt verifying the voter

 

registration application. The agent shall promptly forward the

 

application to the county clerk of the applicant's residence or to

 

a city or township clerk designated by the secretary of state.

 

     Sec. 500d. A person who has properly completed an application

 

for registration a voter registration application at an office of

 

the secretary of state or his or her agent shall be permitted to

 

may vote in all elections occurring not less than 30 10 days after

 

making the application if the clerk determines the person is

 

qualified and the voter identification card is not returned by the


post office as provided by section 500c. If the clerk determines

 

the person is not qualified, the clerk immediately shall send a

 

notice to the applicant at the address stated in the application

 

stating the determination and the reasons therefor. the person is

 

not qualified. A person shall be permitted to may vote if he or she

 

presents at the polls a validated voter registration application

 

receipt and the clerk determines the person is qualified.

 

     Enacting section 1. Section 497a of the Michigan election law,

 

1954 PA 116, MCL 168.497a, is repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.