Bill Text: MI HB6066 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Elections; voting procedures; photo identification for voting purposes; define, and modify provisional ballot process. Amends secs. 523, 523a, 813 & 829 of 1954 PA 116 (MCL 168.523 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-12-08 - Referred To Committee On Elections And Government Reform [HB6066 Detail]
Download: Michigan-2015-HB6066-Engrossed.html
HB-6066, As Passed House, December 7, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 6066
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 523, 523a, 813, and 829 (MCL 168.523,
168.523a, 168.813, and 168.829), sections 523, 813, and 829 as
amended by 2012 PA 523 and section 523a as added by 2004 PA 92, and
by adding sections 20, 523b, and 523c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20. As used in this act:
(a) "Photo identification for voting purposes" means, if
issued to the individual presenting the card or document and if the
name on the card or document matches the individual's name in his
or her voter registration record, any of the following:
(i) An operator's or chauffeur's license issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(ii) An official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300.
(iii) A current operator's or chauffeur's license issued by
another state.
(iv) A current state personal identification card issued by
another state.
(v) A current state government issued photo identification
card.
(vi) A United States passport or federal government issued
photo identification card.
(vii) A military photo identification card.
(viii) A tribal photo identification card.
(ix) A current student photo identification card issued by a
high school or an accredited institution of higher education.
(b) "Provisional ballot" means a special ballot utilized by an
individual that is tabulated only after verification of that
individual's eligibility to vote.
Sec. 523. (1) At each election, before being given a ballot,
each registered elector offering to vote shall identify himself or
herself
by presenting an official state identification card issued
to
that individual under 1972 PA 222, MCL 28.291 to 28.300, an
operator's
or chauffeur's license issued to that individual under
the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or
other
generally recognized picture identification card photo
identification for voting purposes, except as otherwise provided in
subsection (4), and by executing an application, on a form
prescribed by the secretary of state, in the presence of an
election
official which that includes all of the following:
(a) The name of the elector.
(b) The elector's address of residence.
(c) The elector's date of birth.
(d) An affirmative statement by the elector that is included
in the signature statement indicating that he or she is a citizen
of the United States.
(e) The elector's signature or mark.
(2) If an elector's signature contained in the qualified voter
file is available in the polling place, the election official shall
compare the signature upon the application with the digitized
signature provided by the qualified voter file. If an elector's
signature is not contained in the qualified voter file, the
election official shall process the application in the same manner
as applications are processed when a voter registration list is
used in the polling place. If voter registration lists are used in
the precinct, the election inspector shall determine if the name on
the application to vote appears on the voter registration list. If
the name appears on the voter registration list, the elector shall
provide further identification or other information stated upon the
voter registration list. If the signature or an item of information
does not correspond, the vote of the person shall be challenged,
and the same procedure shall be followed as provided in this act
for
the challenging of an elector. If Except as otherwise provided
in
subsection (4), if the elector does not
have an official state
identification
card, operator's or chauffeur's license, or other
generally
recognized picture identification card photo
identification for voting purposes as required under this
subsection, the individual shall sign an affidavit to that effect
before
an election inspector and be allowed to vote as otherwise
provided
in this act. However, an elector being allowed to vote
without
the identification required under this subsection is
subject
to challenge as provided in section 727.issued a
provisional ballot that shall be processed according to sections
523b and 813.
(3) If, upon a comparison of the signature or other
identification as required in this section, it is found that the
applicant is entitled to vote, the election officer having charge
of the registration list shall approve the application and write
his or her initials on the application, after which the number on
the ballot issued shall be noted on the application. The
application shall serve as 1 of the 2 poll lists required to be
kept
as a record of a person who has voted. The application shall
must be filed with the township, city, or village clerk. If voter
registration cards are used in the precinct, the date of the
election
shall must be noted by 1 of the election officials upon
the precinct registration card of each elector voting at an
election. If voter registration lists are used in the precinct, the
election official shall clearly indicate upon the list each elector
voting at that election. The clerk of a city, village, or township
shall maintain a record of voting participation for each registered
elector.
(4) An elector who votes in person at a polling place located
at a for-profit or nonprofit residence or facility in which 150
persons or more aged 62 or older reside and that is where that
elector resides, and who does not have photo identification for
voting purposes, may sign an affidavit to that effect before an
election inspector and be allowed to vote as otherwise provided in
this act. However, an elector who is allowed to vote without photo
identification for voting purposes under this subsection is subject
to challenge as provided in section 727.
Sec. 523a. (1) If an individual who has applied to register to
vote on or before the close of registration appears at a polling
place on election day and completes an application under section
523 is not listed on the voter registration list, the election
inspector shall issue a ballot to the individual as follows:
(a) For an individual who presents a receipt issued by a
department of state office, a designated voter registration agency,
or the elector's county, city, or township clerk's office verifying
the acceptance of a voter registration application before the close
of registration and completes a new voter registration application,
the election inspector shall allow the individual to vote a ballot
in the same manner as an elector whose name is listed on the voter
registration list.
(b) For an individual who does not present a receipt verifying
the acceptance of a voter registration application under
subdivision (a), the election inspector shall determine whether the
individual is in the appropriate polling place based on residence
information provided by the individual. The election inspector
shall review any documents or maps in the polling place or
communicate with the city or township clerk to verify the
appropriate polling place for the individual. The election
inspector shall direct an individual who is not in the appropriate
polling place to the appropriate polling place. If the individual
refuses to go to the appropriate polling place, the election
inspector shall issue the individual a provisional ballot that
shall
be processed according to subsection (5).sections 523b and
813.
(2) Except for an individual who produces a receipt under
subsection (1)(a), the election inspector shall require an
individual who is not listed on the voter registration list to
execute a sworn statement affirming that the individual submitted a
voter registration application before the close of registration and
is eligible to vote in the election. An individual who provides
false information in a signed sworn statement under this subsection
is guilty of perjury. An individual signing a sworn statement shall
complete a new voter registration application. The individual shall
state the approximate date and in what manner the registration
application was submitted:
(a) To a department of state office.
(b) To a designated voter registration agency.
(c) To the office of his or her county, city, or township
clerk.
(d) By a mailed application.
(3) The election inspector shall contact the city or township
clerk to verify whether the individual who signed the sworn
statement under subsection (2) is listed in the registration
records of the jurisdiction or whether there is any information
contrary to the content of the sworn statement.
(4) If the city or township clerk verifies the elector
information and finds no information contrary to the information
provided by the individual in the sworn statement and, except as
otherwise
provided in section 523(4), the
individual presents a
Michigan
operator's or chauffeur's license, department of state
issued
personal identification card, other government issued photo
identification
card, or a photo identification card issued by an
institution
of higher education in this state described in section
6
of article VIII of the state constitution of 1963 or a junior
college
or community college established under section 7 of article
VIII
of the state constitution of 1963 photo
identification for
voting purposes that contains a current residence address to
establish his or her identity and residence address, the individual
shall
be permitted to vote a provisional ballot on election day.
Before
the provisional ballot is tabulated on election day, that is
tabulated on election day in the same manner as an elector whose
name is listed on the voter registration list, except that the
election inspectors shall process the ballot as a challenged ballot
under sections 745 and 746.
(5)
If For an individual
described in subsection (2), if the
election inspector is not able to contact the city or township
clerk, the individual is not in the correct precinct, the
individual
presents identification other than a Michigan operator's
or
chauffeur's license, department of state issued personal
identification
card, other government issued photo identification
card,
or a photo identification card issued by an institution of
higher
education in this state described in section 6 of article
VIII
of the state constitution of 1963 or a junior college or
community
college established under section 7 of article VIII of
the
state constitution of 1963 photo
identification for voting
purposes that contains a current residence address, or, except as
otherwise provided in section 523(4), the individual is unable to
present any photo identification for voting purposes, the
individual
shall be issued a provisional ballot that is not
tabulated
on election day but is secured for verification after the
election.
shall be processed according
to sections 523b and 813. A
provisional ballot shall also be issued under this subsection to a
voter
who presents a Michigan operator's license, chauffeur's
license,
department of state personal identification card, other
government
issued photo identification card, or a photo
identification
card issued by an institution of higher education in
this
state described in section 6 of article VIII of the state
constitution
of 1963 or a junior college or community college
established
under section 7 of article VIII of the state
constitution
of 1963 photo identification
for voting purposes that
does not bear the voter's current residence address, if the voter
also presents a document to establish the voter's current residence
address. The election inspector shall accept a document containing
the name and current residence address of the voter as sufficient
documentation to issue a provisional ballot if it is 1 of the
following documents:
(a) A current utility bill.
(b) A current bank statement.
(c) A current paycheck, government check, or other government
document.
(6)
A provisional ballot shall be placed in a provisional
ballot
return envelope prescribed by the secretary of state and
delivered
to the city or township clerk after the polls close in a
manner
as prescribed by the secretary of state.
(7)
For a provisional ballot voted under subsection (4), the
election
inspector shall provide the voter with a notice that his
or
her ballot has been tabulated. For a provisional ballot voted
under
subsection (5), the election inspector shall provide the
voter
with a notice that the voter's information will be verified
by
the clerk of the jurisdiction within 6 days after the election
to
determine whether the ballot will be tabulated and, if the
ballot
is not tabulated, to determine the reason it was not
tabulated.
A clerk of a jurisdiction shall provide a free access
system
for the voter to determine whether the ballot was tabulated.
The
free access system may include a telephone number that does not
require
a toll charge, a toll-free telephone number, an internet
website,
or a mailed notice.
(8)
As used in this section and sections 813 and 829,
"provisional
ballot" means a special ballot utilized for an
individual
who is not listed on the voter registration list at the
polling
place that is tabulated only after verification of the
individual's
eligibility to vote.
Sec. 523b. (1) Except for a provisional ballot that is voted
as provided in section 523a(4), a provisional ballot issued and
voted under section 523 or 523a shall be placed in a provisional
House Bill No. 6066 as amended December 7, 2016
ballot return envelope prescribed by the secretary of state and
delivered to the city or township clerk after the polls close in a
manner as prescribed by the secretary of state.
(2) For a provisional ballot voted under section 523 or 523a,
except for a provisional ballot that is voted as provided in
section 523a(4), the election inspector shall provide the voter
with a notice that the voter's information will be verified by the
clerk of the jurisdiction within 10 days after the election and a
determination made on whether the provisional ballot will be
tabulated, as provided in section 813. A clerk of a jurisdiction
shall provide a free access system for the voter to determine
whether the provisional ballot was tabulated. The free access
system may include a telephone number that does not require a toll
charge, a toll-free telephone number, an internet website, or a
mailed notice.
Sec. 523c. For the 2016-2017 fiscal year, [$8,000,000.00] is
appropriated from the general fund to the department of state for
election modernizations [including voting equipment], voter education,
and implementation of the voter identification provisions.
Sec.
813. (1) Within 6 10 days after an election, for each
provisional ballot that was placed in a provisional ballot return
envelope as provided under section 523b(1), the city or township
clerk shall determine whether the individual voting the provisional
ballot was eligible to vote a ballot and whether to tabulate the
provisional ballot. In making this determination, the city or
township clerk shall not open the provisional ballot return
envelope. A provisional ballot shall only be tabulated if a valid
voter
registration record for the elector is located or if and the
identity
and residence of the elector is established. using a
Michigan
operator's license, chauffeur's license, personal
identification
card, other government issued photo identification
card,
or a photo identification card issued by an institution of
higher
education in this state described in section 6 of article
VIII
of the state constitution of 1963 or a junior college or
community
college established under section 7 of article VIII of
the
state constitution of 1963 along with a document to establish
the
voter's current residence address as provided in section
523a(5).
The elector's identity and
residency can be established by
the elector personally appearing before the clerk of the
jurisdiction not later than 12 noon on the tenth day after the
election and doing any of the following:
(a) Presenting photo identification for voting purposes that
contains a current residence address and executing an affidavit, on
a form prescribed by the secretary of state, affirming under
penalty of perjury that the elector is the same individual who cast
the provisional ballot on election day.
(b) Presenting photo identification for voting purposes along
with a document to establish the elector's current residence
address as provided in section 523a(5) and executing an affidavit,
on a form prescribed by the secretary of state, affirming under
penalty of perjury that the elector is the same individual who cast
the provisional ballot on election day.
(c) Presenting a document to establish the elector's current
residence address as provided in section 523a(5) and executing an
House Bill No. 6066 as amended December 7, 2016
affidavit, on a form prescribed by the secretary of state,
affirming under penalty of perjury that the elector is the same
individual who cast the provisional ballot on election day and is
or has either of the following:
(i) Indigent and attempted but was unable to obtain photo
identification for voting purposes without payment of a fee.
(ii) A bona fide religious objection to being photographed and
does not possess a photo identification for voting purposes.
[(d) Presenting a current document issued by the secretary of state, on a form prescribed by the secretary of state, indicating that the elector has applied for and is awaiting either an operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, and executing an affidavit, on a form prescribed by the secretary of state, affirming under penalty of perjury that the elector is the same individual who cast the provisional ballot on election day and is the same individual described in the document presented under this subdivision.]
(2) Before the provisional ballot is tabulated, election
officials shall process the ballot as a challenged ballot under
sections 745 and 746.
(3) (2)
Within 7 Not earlier than 11 days after an election ,
but
sooner if practicable, and
not later than 13 days after an
election, the city or township clerk shall transmit the results of
provisional ballots tabulated after the election to the board of
county
canvassers. The results shall must
be transmitted in a form
prescribed by the secretary of state.
(4) (3)
Within 7 Not earlier than 11 days after an election
and not later than 13 days after an election, the city or township
clerk shall transmit to the county clerk a provisional ballot
report
for each precinct in the jurisdiction. The report shall must
include for each precinct the number of provisional ballots issued,
the number of provisional ballots tabulated on election day, the
number of provisional ballots forwarded to the clerk to be
determined after the election, the number of provisional ballots
tabulated by the clerk after election day, and any additional
information concerning provisional ballots as required by the
secretary of state.
(5) (4)
Within 7 Not earlier than 11 days after an election
and not later than 13 days after an election, the city or township
clerk shall transmit to the county clerk an affidavit report that
includes both the number of affidavits signed by voters under
section 523(2) and the number of affidavits executed by electors
under
subsection (1)(c). The affidavit report
shall must be
transmitted to the county clerk in a form prescribed by the
secretary of state.
Sec. 829. (1) The board of county canvassers shall include the
results of the tabulated provisional ballots in the canvass of the
election following procedures prescribed by the secretary of state
designed to maintain the secrecy of the ballot.
(2) Within 14 days after a primary or election, the county
clerk shall transmit a county provisional ballot report to the
secretary
of state. The county provisional ballot report shall must
be in a manner prescribed by the secretary of state. After the
secretary of state receives a county provisional ballot report, the
county
provisional ballot report shall must
be immediately
available for public inspection.
(3) Within 14 days after an election, the county clerk shall
transmit a county affidavit report to the secretary of state. The
county
affidavit report shall must
include the number of affidavits
signed by voters under section 523(2) and the number of affidavits
executed by electors under section 813(1)(c). The county affidavit
report
shall must be transmitted in a form prescribed by the
secretary of state. After the secretary of state receives the
county affidavit report from the county clerk, the county affidavit
report
shall must immediately be available for public inspection.
Enacting section 1. This amendatory act takes effect February
1, 2018.
