Bill Text: MI SB0055 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Elections; absent voters; absent voter ballot; issue upon voter's request without requiring justification. Amends secs. 758, 759 & 759b of 1954 PA 116 (MCL 168.758 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-24 - Referred To Committee On Elections And Government Reform [SB0055 Detail]
Download: Michigan-2017-SB0055-Introduced.html
SENATE BILL No. 55
January 24, 2017, Introduced by Senators BIEDA, ROCCA, ANANICH, HOPGOOD, HERTEL, CONYERS and GREGORY and referred to the Committee on Elections and Government Reform.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 758, 759, and 759b (MCL 168.758, 168.759,
and 168.759b), section 758 as amended by 1996 PA 207 and section
759 as amended by 2012 PA 523.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 758. (1) For the purposes of As used in this act,
2 "absent voter" means a qualified and registered elector who meets
3 1 or more of the following requirements:
4 (a) On account of physical disability, cannot without
5 another's assistance attend votes without attending the
polls on
6 the day of an election.
7 (b) On account of the tenets of his or her religion, cannot
8 attend the polls on the day of election.
9 (c) Cannot attend the polls on the day of an election in the
1 precinct in which he or she resides because of being an election
2 precinct inspector in another precinct.
3 (d) Is 60 years of age or older.
4 (e) Is absent or expects to be absent from the township or
5 city in which he or she resides during the entire period the
6 polls are open for voting on the day of an election.
7 (f) Cannot attend the polls on election day because of being
8 confined in jail awaiting arraignment or trial.
9 (2) Subsection (1) does not apply to Absent voter does not
10 include a person who has moved outside of this state, regardless
11 of length of his or her residence outside of this state, and who
12 no longer maintains an actual residence in this state. The
13 storage of personal effects or household goods, the ownership of
14 property that is rented or leased to others, or occasional brief
15 visits to a former domicile in this state while residing outside
16 of this state for most of the year does do not
constitute a
17 residence for voting purposes in this state, except for each of
18 the following:
19 (a) A person described in section 1 of article II of the
20 state constitution of 1963 and statutes enacted under that
21 section.
22 (b) A person described in section 759a.
23 Sec. 759. (1) At any time during the 75 days before a
24 primary or special primary, but not later than 2 p.m. of the
25 Saturday immediately before the primary or special primary, an
26 elector who qualifies wants
to vote as an absent voter ,
as
27 defined in section 758, may
apply for an absent voter ballot. The
1 elector shall apply in person or by mail with the clerk of the
2 township, city, or village in which the elector is registered. An
3 application received before a primary or special primary may be
4 for either that primary only, or for that primary and the
5 election that follows.
6 (2) Except as otherwise provided in subsection (1), at
7 anytime any time during the 75 days before an election, but not
8 later than 2 p.m. of the Saturday before the election, an elector
9 who qualifies wants
to vote as an absent voter ,
as defined in
10 section 758, may apply for
an absent voter ballot. The elector
11 shall apply in person or by mail with the clerk of the township,
12 city, or village in which the voter is registered.
13 (3) An application for an absent voter ballot under this
14 section may be made in any of the following ways:
15 (a) By a written request signed by the voter stating the
16 statutory grounds for making the application.elector.
17 (b) On an absent voter ballot application form provided for
18 that purpose by the clerk of the city, township, or village.
19 (c) On a federal postcard application.
20 (4) An applicant for an absent voter ballot shall sign the
21 application. A clerk or assistant clerk shall not deliver an
22 absent voter ballot to an applicant who does not sign the
23 application. A person shall not be in possession of a signed
24 absent voter ballot application except for the applicant; a
25 member of the applicant's immediate family; a person residing in
26 the applicant's household; a person whose job normally includes
27 the handling of mail, but only during the course of his or her
1 employment; a registered elector requested by the applicant to
2 return the application; or a clerk, assistant of the clerk, or
3 other authorized election official. A registered elector who is
4 requested by the applicant to return his or her absent voter
5 ballot application shall sign the certificate on the absent voter
6 ballot application.
7 (5) The clerk of a city, township, or village shall have
8 absent voter ballot application forms available in the clerk's
9 office at all times and shall furnish an absent voter ballot
10 application form to anyone upon a verbal or written request. The
11 absent voter ballot application shall must be
in substantially
12 the following form:
13 "Application for absent voter ballot for:
14 [ ] The primary or special primary election to be held on
15 ___________________ (Date).
16 [ ] The election to be held on _______ (Date).
17 (Check applicable election or elections)
18 I, .................................. , a United States
19 citizen and a qualified and registered elector of the
20 ............ precinct of the township of ............ or village
21 of ............ or of the ............ ward of the city of
22 .................................. , in the county of
23 .................................. and state of Michigan, apply
24 for an official ballot, or ballots, to be voted by me at the
25 election or elections as requested in this application.
26 The statutory grounds on which I base my request are:
27 [ ] I expect to be absent from the community in which I am
1 registered for the entire time the polls are open on election
2 day.
3 [ ] I am physically unable to attend the polls without the
4 assistance of another.
5 [ ] I cannot attend the polls because of the tenets of my
6 religion.
7 [ ] I have been appointed an election precinct inspector in
8 a precinct other than the precinct where I reside.
9 [ ] I am 60 years of age or older.
10 [ ] I cannot attend the polls because I am confined to jail
11 awaiting arraignment or trial.
12 (Check applicable reason)
|
13 |
Send absent voter ballot to me at: |
|
14 |
........................................... |
|
15 |
(Street No. or R.R.) |
|
16 |
........................................... |
|
17 |
(Post Office) (State) (Zip Code) |
|
18 |
My registered address ....................................... |
|
19 |
(Street No. or R.R.) |
|
20 |
....................................... |
|
21 |
(Post Office) (State) (Zip Code) |
|
22 |
Date......................................................... |
|
23 |
I certify that I am a United States citizen and that |
|
24 |
the statements in this absent voter ballot application |
|
25 |
are true. |
|
26 |
....................................... |
|
27 |
(Signature) |
|
28 |
WARNING |
1 You must be a United States citizen to vote. If you are not
2 a United States citizen, you will not be issued an absent voter
3 ballot.
4 A person making a false statement in this absent voter
5 ballot application is guilty of a misdemeanor. It is a violation
6 of Michigan election law for a person other than those listed in
7 the instructions to return, offer to return, agree to return, or
8 solicit to return your absent voter ballot application to the
9 clerk. An assistant authorized by the clerk who receives absent
10 voter ballot applications at a location other than the clerk's
11 office must have credentials signed by the clerk. Ask to see his
12 or her credentials before entrusting your application with a
13 person claiming to have the clerk's authorization to return your
14 application.
|
15 |
Certificate of Authorized Registered |
|
16 |
Elector Returning Absent Voter |
|
17 |
Ballot Application |
18 I certify that my name is .................... , my address
19 is .................... , and my date of birth is ............ ;
20 that I am delivering the absent voter ballot application of
21 .................... at his or her request; that I did not
22 solicit or request to return the application; that I have not
23 made any markings on the application; that I have not altered the
24 application in any way; that I have not influenced the applicant;
25 and that I am aware that a false statement in this certificate is
26 a violation of Michigan election law.
|
1 |
_____________ __________________________________ |
|
2 |
(Date) (Signature)" |
3 (6) The following instructions for an applicant for an
4 absent voter ballot shall be included with each application
5 furnished an applicant:
|
6 |
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS |
7 Step 1. After completely filling out the application, sign
8 and date the application in the place designated. Your signature
9 must appear on the application or you will not receive an absent
10 voter ballot.
11 Step 2. Deliver the application by 1 of the following
12 methods:
13 (a) Place the application in an envelope addressed to the
14 appropriate clerk and place the necessary postage upon the return
15 envelope and deposit it in the United States mail or with another
16 public postal service, express mail service, parcel post service,
17 or common carrier.
18 (b) Deliver the application personally to the clerk's
19 office, to the clerk, or to an authorized assistant of the clerk.
20 (c) In either (a) or (b), a member of the immediate family
21 of the voter including a father-in-law, mother-in-law, brother-
22 in-law, sister-in-law, son-in-law, daughter-in-law, grandparent,
23 or grandchild or a person residing in the voter's household may
24 mail or deliver the application to the clerk for the applicant.
25 (d) If an applicant cannot return the application in any of
1 the above methods, the applicant may select any registered
2 elector to return the application. The person returning the
3 application must sign and return the certificate at the bottom of
4 the application.
5 (7) A person who prints and distributes absent voter ballot
6 applications shall print on the application the warning,
7 certificate of authorized registered elector returning absent
8 voter ballot application, and instructions required by this
9 section.
10 (8) A person who makes a false statement in an absent voter
11 ballot application is guilty of a misdemeanor. A person who
12 forges a signature on an absent voter ballot application is
13 guilty of a felony. A person who is not authorized in this act
14 and who both distributes absent voter ballot applications to
15 absent voters and returns those absent voter ballot applications
16 to a clerk or assistant of the clerk is guilty of a misdemeanor.
17 Sec. 759b. (1) Any A registered elector may apply for an
18 absent voter ballots ballot at any time prior to before
4 p.m. on
19 election day if he shall have become physically disabled or shall
20 be absent from the city or township because of sickness or death
21 in the family which an
event has occurred at a time which
has
22
that made it impossible to apply for an absent
voter ballots
23 ballot by the statutory deadline. The application shall be called
24 an emergency absent voter ballot application.
25 (2) Emergency absent voter ballot applications may be made
26 by letter or on a form prescribed by the secretary of state and
27 provided by the clerk. The application shall must set
forth that
1 the voter is qualified to vote in the election , stating the
2 statutory reason for applying for an emergency absent voter
3 ballot and that the
reason for applying after the statutory
4 deadline an event occurred at such a time to make it impossible
5 to file an application for
an absent voter ballots ballot
by the
6 statutory deadline.
7 (3) Any A person intentionally making a false statement in
8 such an emergency
absent voter ballot application is guilty
of a
9 felony. Any A person aiding or abetting any another
person to
10 make a false statement on such in an emergency absent voter
11 ballot application is guilty of a felony.
12 (4) Upon receipt by the clerk of a valid application for an
13 emergency absent voter ballot, the clerk may deliver the ballots
14 absent voter ballot to the applicant in person, through a deputy
15 or an election assistant, or he may deliver them at his or her
16 office to a person named by the applicant in the emergency absent
17
voter ballot application. The absent
voter may return the ballots
18
absent voter ballot to the clerk in
the sealed envelope provided
19 therefor in any manner. he
sees fit. To However, to be valid,
20 ballots must be returned the
absent voter shall return the absent
21 voter ballot to the clerk in the sealed envelope provided for
22
that reason and in time to be delivered
to the polls prior to
23 before 8 p.m. on election day.
24 Enacting section 1. This amendatory act takes effect 90 days
25 after the date it is enacted into law.
