Bill Text: MI HB5543 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections; absent voters; election options on absent voter ballot applications; modify and expand. Amends sec. 759 of 1954 PA 116 (MCL 168.759).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-03-11 - Referred To Committee On Ways And Means, With Substitute (h-1) [HB5543 Detail]
Download: Michigan-2019-HB5543-Introduced.html
HOUSE BILL NO. 5543
February 25, 2020, Introduced by Reps.
Paquette, Bollin, Berman, LaGrand, Love and Kuppa and referred to the
Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 2018 PA 603.
the people of the state of michigan enact:
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Sec. 759. (1) Subject Except as otherwise provided in this subsection and subsection (2)
and subject to section 761(3), at any time during the 75 days
before an election, a special election, a
primary, or a special primary, but not later than 8
p.m. on the day
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of an election, a special election, a
primary, or a special primary, an elector may apply
for an absent voter ballot. The elector shall apply in person or by mail with
the clerk of the township or city in which the elector is registered. The clerk
of a city or township shall not send by first-class mail an absent voter ballot
to an elector after 5 p.m. on the Friday immediately before the election, special election, primary, or special primary.
In addition, the clerk of a city or township shall not issue an absent voter
ballot to a registered elector in that city or township after 4 p.m. on the day
before the election, special
election, primary, or special primary. An application received
before a primary or special primary may be for either that primary or special primary only, or for that
primary or special primary and
the election or special election that
follows. In addition, an application may be
used for all elections held during a calendar year, other than for a
presidential primary election. If the secretary of state provides an absent
voter ballot application that contains more election options than an absent
voter ballot application provided by a city or township, and the absent voter
ballot application otherwise complies with the requirements of this section, the
clerk of the city or township shall honor the election options requested by an
elector who uses the absent voter ballot application provided by the secretary
of state. An individual may submit a voter registration
application and an absent voter ballot application at the same time if applying
in person with the clerk or deputy clerk of the city or township in which the
individual resides. Immediately after his or her voter registration application
and absent voter ballot application are approved by the clerk or deputy clerk,
the individual may, subject to the identification
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requirement
in section 761(6), complete an absent voter ballot at the clerk's office.
(2) Except as otherwise provided in
subsection (1) and subject Subject to section 761(3), at any time during the 75
days before an a presidential primary election, but not
later than 8 p.m. on the day of an a presidential
primary election, an elector may apply for an absent voter
ballot. The elector shall apply in person or by mail with the clerk of the
township , or city , or village in
which the voter is registered. The clerk of a city or township shall not send
by first-class mail an absent voter ballot to an elector after 5 p.m. on the
Friday immediately before the presidential
primary election. In addition, the clerk of a city or township
shall not issue an absent voter ballot to a registered elector in that city or
township after 4 p.m. on the day before the presidential primary election. An application requested before a presidential primary
election may only be used for that presidential primary election and may not be
used for any other election held during the calendar year. An
individual may submit a voter registration application and an absent voter
ballot application at the same time if applying in person with the clerk or
deputy clerk of the city or township in which the individual resides.
Immediately after his or her voter registration application and absent voter
ballot application are approved by the clerk, the individual may, subject to
the identification requirement in section 761(6), complete an absent voter
ballot at the clerk's office.
(3) An application for an
absent voter ballot under this section may be made in any of the following
ways:
(a) By a written request
signed by the voter.
(b) On an absent voter
ballot application form provided for
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that
purpose by the clerk of the city or township.
(c)
On an absent voter ballot application form provided for that purpose by the
secretary of state.
(d)
(c) On a federal postcard application.
(4) An applicant for an
absent voter ballot shall sign the application. A clerk or assistant clerk
shall not deliver an absent voter ballot to an applicant who does not sign the
application. A person shall not be in possession of a signed absent voter
ballot application except for the applicant; a member of the applicant's
immediate family; a person residing in the applicant's household; a person
whose job normally includes the handling of mail, but only during the course of
his or her employment; a registered elector requested by the applicant to
return the application; or a clerk, assistant of the clerk, or other authorized
election official. A registered elector who is requested by the applicant to
return his or her absent voter ballot application shall sign the certificate on
the absent voter ballot application.
(5) The clerk of a city
or township shall have absent voter ballot application forms available in the
clerk's office at all times and shall furnish an absent voter ballot
application form to anyone upon a verbal or written request. The absent voter
ballot application for an election,
special election, primary election, or special primary election, other than a
presidential primary election, must be in substantially the
following form:
"Application for
absent voter ballot for:
[ ] The primary election or special primary election to be held on
___________________ (Date).
[ ] The election or special election to be held on _______ (Date).
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[ ] Both the primary election or special
primary election to be held on _____________________ (Date) and the election or
special election that follows to be held on ____________________ (Date).
[ ] Any election, special election, primary
election, or special primary election, other than a presidential primary
election, to be held in calendar year _________________.
(Check applicable
election or elections)
I,
.................................. , a United States citizen and a qualified
and registered elector of the ............ precinct of the township of
............ or of the ............ ward of the city of ..................................
, in the county of .................................. and state of Michigan,
apply for an official ballot, or ballots, to be voted by me at the election or
elections as requested in this application.
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........................................... |
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(Street No. or R.R.) |
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........................................... |
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(Post Office) (State) (Zip Code) |
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My registered address .............................. |
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(Street No. or R.R.) |
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....................................... |
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(Post
Office) |
(State) |
(Zip Code) |
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Date................................................ |
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the statements in this absent voter ballot |
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application
are true. |
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.................................. |
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(Signature) |
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WARNING |
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You must be a United
States citizen to vote. If you are not a United States citizen, you will not be
issued an absent voter ballot.
A person making a false
statement in this absent voter ballot application is guilty of a misdemeanor.
It is a violation of Michigan election law for a person other than those listed
in the instructions to return, offer to return, agree to return, or solicit to
return your absent voter ballot application to the clerk. An assistant
authorized by the clerk who receives absent voter ballot applications at a
location other than the clerk's office must have credentials signed by the
clerk. Ask to see his or her credentials before entrusting your application
with a person claiming to have the clerk's authorization to return your
application.
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Certificate of Authorized Registered |
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Elector Returning Absent Voter |
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Ballot Application |
I certify that my name is
.................... , my address is .................... , and my date of
birth is ............ ; that I am delivering the absent voter ballot
application of .................... at his or her request; that I did not
solicit or request to return the application; that I have not made any markings
on the application; that I have not altered the application in any way; that I
have not influenced the applicant;
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and that
I am aware that a false statement in this certificate is a violation of
Michigan election law.
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(Date) (Signature)" |
(6)
The absent voter ballot application for a presidential primary election must be
in substantially the form provided in subsection (5) except that the
application must comply with section 759c and must only be used for that
presidential primary election and not for any other election, special election,
primary election, or special primary election.
(7)
(6) The following instructions for an applicant for an
absent voter ballot must be included with each application furnished an
applicant:
Step 1. After completely
filling out the application, sign and date the application in the place
designated. Your signature must appear on the application or you will not
receive an absent voter ballot.
Step 2. Deliver the
application by 1 of the following methods:
(a) Place the application
in an envelope addressed to the appropriate clerk and place the necessary
postage upon the return envelope and deposit it in the United States mail or
with another public postal service, express mail service, parcel post service,
or common carrier.
(b) Deliver the
application personally to the clerk's office,
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to the
clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b),
a member of the immediate family of the voter including a father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law,
grandparent, or grandchild or a person residing in the voter's household may
mail or deliver the application to the clerk for the applicant.
(d) If an applicant
cannot return the application in any of the above methods, the applicant may
select any registered elector to return the application. The person returning
the application must sign and return the certificate at the bottom of the
application.
(7)
A person who prints and distributes absent voter ballot applications shall
print on the application the warning, certificate of authorized registered
elector returning absent voter ballot application, and instructions required by
this section.
(8) A person who makes a
false statement in an absent voter ballot application is guilty of a
misdemeanor. A person who forges a signature on an absent voter ballot
application is guilty of a felony. A person who is not authorized in this act
and who both distributes absent voter ballot applications to absent voters and
returns those absent voter ballot applications to a clerk or assistant of the
clerk is guilty of a misdemeanor.
(9) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section.
