January 29, 2019, Introduced by Senators WOJNO, HERTEL, ALEXANDER, HOLLIER, MCMORROW, BULLOCK, GEISS, POLEHANKI and CHANG and referred to the Committee
on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 560, 568, 706, 736b, 736c, 736d, 736e, 736g,
764, and 764a (MCL 168.560, 168.568, 168.706, 168.736b, 168.736c,
168.736d, 168.736e, 168.736g, 168.764, and 168.764a), sections
560, 568, 706, and 764a as amended and sections 736g and 764 as
added by 2012 PA 128 and sections 736b, 736c, 736d, and 736e as
amended by 2018 PA 190.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 560. Ballots must contain the appropriate ballot
2 marking instructions concerning the method of voting as provided
3 in section 736b, 736c, 736d, or 736e. Ballots other than those
4 furnished by the board of election commissioners, according to
1 the provisions of this act, shall must not be used, cast, or
2 counted in any election precinct at any election. The size of all
3 official ballots shall must
be as the board of election
4 commissioners prescribes.
5 Sec. 568. (1) The official primary election ballots shall
6 must be prepared in a form prescribed by the secretary of state
7 based upon the voting equipment being used in each county and
8 must contain the appropriate ballot marking instructions
9 concerning the method of voting as provided in section 736b,
10 736c, 736d, or 736e.
11 (2) The order of the offices on the ballot shall must be
the
12 same, as near as may be, as is required by law in making up the
13 ballot used at general elections. The title of the office shall
14 must be immediately above the names of the candidate or
15 candidates for the nomination of each office, and under the title
16 the words "Vote for not more than," followed by the number "1" or
17 "2" or such other identifier as will designate the number of
18 candidates for the nomination to the office that may be voted
19 for.
20 Sec. 706. The arrangement of the ballot containing the names
21 of candidates for office shall must be prescribed by the
22 secretary of state based upon the voting equipment being used in
23 each county and must contain the appropriate ballot marking
24 instructions concerning the method of voting as provided in
25 section 736b, 736c, 736d, or 736e.
26 Sec. 736b. Each ballot secrecy sleeve used at a primary
27 election must either contain the following ballot marking
1 instructions printed on the front of the ballot: secrecy
sleeve
2 or must have a clear plastic pocket on the front of the ballot
3 secrecy sleeve that contains a printed copy of the following
4 ballot marking instructions:
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5 |
PRIMARY ELECTION |
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6 |
TO VOTE: Completely darken the oval opposite each choice as shown: |
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7 |
[insert graphic here]. |
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8 |
-- OR -- |
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9 |
TO VOTE: Completely darken the box opposite each choice |
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10 |
as shown: [insert graphic here]. |
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11 |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
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12 |
DO NOT USE ANY OTHER INK COLOR! |
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13 |
PARTISAN SECTION: There may be multiple party sections on the |
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14 |
ballot. Select the party section of your choice. YOU MAY VOTE IN |
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15 |
ONE PARTY SECTION ONLY; YOU CANNOT "SPLIT YOUR TICKET." IF YOU |
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16 |
VOTE IN MORE THAN ONE PARTY SECTION, YOUR PARTISAN BALLOT WILL BE |
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17 |
REJECTED. DO NOT vote for more candidates than indicated under |
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18 |
each office title. |
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19 |
WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
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20 |
printed on the ballot, write or place the name of that candidate |
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21 |
in the blank space provided and completely darken the voting target |
|
22 |
area. Do not cast a write-in vote for a candidate whose name |
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23 |
is already printed on the ballot for that office. |
|
24 |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
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25 |
to check the reverse side of the ballot. |
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26 |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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27 |
sleeve so that votes cannot be seen and the numbered stub is |
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28 |
visible. Return the ballot to the election official stationed at |
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1 |
the tabulator. (If voting by absentee ballot, follow the |
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2 |
instructions provided by the clerk for returning the ballot.) |
|
3 |
NOTE: If you make a mistake, return your ballot to the election |
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4 |
official and obtain a new ballot. Do not attempt to erase or |
|
5 |
correct any marks made in error. |
6 Sec. 736c. Each ballot secrecy sleeve used at a general
7 election must either contain the following ballot marking
8 instructions printed on the front of the ballot: secrecy
sleeve
9 or must have a clear plastic pocket on the front of the ballot
10 secrecy sleeve that contains a printed copy of the following
11 ballot marking instructions:
|
12 |
GENERAL ELECTION |
|
13 |
TO VOTE: Completely darken the oval opposite each choice as shown: |
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14 |
[insert graphic here]. |
|
15 |
-- OR -- |
|
16 |
TO VOTE: Completely darken the box opposite each choice |
|
17 |
as shown: [insert graphic here]. |
|
18 |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
|
19 |
DO NOT USE ANY OTHER INK COLOR! |
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20 |
PARTISAN SECTION: To vote the partisan section of the ballot, you |
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21 |
may cast a "mixed ticket." |
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22 |
|
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your choice in each office. |
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24 |
NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must be |
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25 |
voted separately. |
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26 |
DO NOT vote for more candidates than indicated under each office |
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27 |
title. |
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1 |
WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
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2 |
printed on the ballot, write or place the name of that candidate |
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3 |
in the blank space provided and completely darken the voting target |
|
4 |
area. Do not cast a write-in vote for a candidate whose name |
|
5 |
is already printed on the ballot for that office. |
|
6 |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
|
7 |
to check the reverse side of the ballot. |
|
8 |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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9 |
sleeve so that votes cannot be seen and the numbered stub is |
|
10 |
visible. Return the ballot to the election official stationed at |
|
11 |
the tabulator. (If voting by absentee ballot, follow the |
|
12 |
instructions provided by the clerk for returning the ballot.) |
|
13 |
NOTE: If you make a mistake, return your ballot to the election |
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14 |
official and obtain a new ballot. Do not attempt to erase or |
|
15 |
correct any marks made in error. |
16 Sec. 736d. Each ballot secrecy sleeve used at a nonpartisan
17 election must either contain the following ballot marking
18 instructions printed on the front of the ballot: secrecy
sleeve
19 or must have a clear plastic pocket on the front of the ballot
20 secrecy sleeve that contains a printed copy of the following
21 ballot marking instructions:
|
22 |
NONPARTISAN ELECTION |
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23 |
TO VOTE: Completely darken the oval opposite each choice as shown: |
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24 |
[insert graphic here]. |
|
25 |
-- OR -- |
|
26 |
TO VOTE: Completely darken the box opposite each choice |
|
27 |
as shown: [insert graphic here]. |
|
1 |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
|
2 |
DO NOT USE ANY OTHER INK COLOR! |
|
3 |
DO NOT vote for more candidates than indicated under each office |
|
4 |
title. |
|
5 |
WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
|
6 |
printed on the ballot, write or place the name of that candidate in |
|
7 |
the blank space provided and completely darken the voting target |
|
8 |
area. Do not cast a write-in vote for a candidate whose name |
|
9 |
is already printed on the ballot for that office. |
|
10 |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
|
11 |
to check the reverse side of the ballot. |
|
12 |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
|
13 |
sleeve so that votes cannot be seen and the numbered stub is |
|
14 |
visible. Return the ballot to the election official stationed at |
|
15 |
the tabulator. (If voting by absentee ballot, follow the |
|
16 |
instructions provided by the clerk for returning the ballot.) |
|
17 |
NOTE: If you make a mistake, return your ballot to the election |
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18 |
official and obtain a new ballot. Do not attempt to erase or |
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19 |
correct any marks made in error. |
20 Sec. 736e. Each ballot secrecy sleeve used at a special
21 election must either contain the following ballot marking
22 instructions printed on the front of the ballot: secrecy
sleeve
23 or must have a clear plastic pocket on the front of the ballot
24 secrecy sleeve that contains a printed copy of the following
25 ballot marking instructions:
|
26 |
SPECIAL ELECTION |
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27 |
TO VOTE: Completely darken the oval opposite each choice as shown: |
|
1 |
[insert graphic here]. |
|
2 |
-- OR -- |
|
3 |
TO VOTE: Completely darken the box opposite each choice |
|
4 |
as shown: [insert graphic here]. |
|
5 |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
|
6 |
DO NOT USE ANY OTHER INK COLOR! |
|
7 |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
|
8 |
to check the reverse side of the ballot. |
|
9 |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
|
10 |
sleeve so that votes cannot be seen and the numbered stub is |
|
11 |
visible. Return the ballot to the election official stationed at |
|
12 |
the tabulator. (If voting by absentee ballot, follow the |
|
13 |
instructions provided by the clerk for returning the ballot.) |
|
14 |
NOTE: If you make a mistake, return your ballot to the election |
|
15 |
official and obtain a new ballot. Do not attempt to erase or |
|
16 |
correct any marks made in error. |
17 Sec. 736g. If a ballot secrecy sleeve used at an election or
18 a ballot marking instruction sheet contained in a clear plastic
19 pocket on the front of a ballot secrecy sleeve used at an
20 election is defaced,
marred, or contains any mark on it, other
21 than the ballot marking instructions that are required under this
22 act, the use of that ballot
secrecy sleeve or that ballot marking
23 instruction sheet contained in the clear plastic pocket on the
24 front of the ballot secrecy sleeve shall must be
immediately
25 discontinued and the ballot secrecy sleeve or ballot marking
26 instruction sheet shall must
be discarded and not be further used
27 at that election. In addition, if a clear plastic pocket on the
1 front of a ballot secrecy sleeve used at an election is defaced,
2 marred, or contains any mark on it, the use of that clear plastic
3 pocket on the front of the ballot secrecy sleeve shall must be
4 immediately discontinued and the clear plastic pocket shall must
5 be discarded and not be further used at that election.
6 Sec. 764. In addition to the instructions provided to an
7 absent voter under section 764a, the following ballot marking
8 instructions for an absent voter concerning the method of voting
9 shall must be included with on each
absent voter ballot furnished
10 an absent voter:
11 (a) For a primary election, the ballot marking instructions
12 as provided in section 736b.
13 (b) For a general election, the ballot marking instructions
14 as provided in section 736c.
15 (c) For a nonpartisan election, the ballot marking
16 instructions as provided in section 736d.
17 (d) For a special election, the ballot marking instructions
18 as provided in section 736e.
19 Sec. 764a. The following instructions for an absent voter
20 shall must be included with each ballot or set of ballots
21 furnished an absent voter:
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22 |
INSTRUCTIONS FOR ABSENT VOTERS |
23 Step 1. Enclosed On
the absent voter ballot enclosed you
24 will find voting instructions as to the method of voting. Read
25 these carefully and then vote the ballot.
26 Step 2. After voting a ballot, place the ballot in the
1 secrecy sleeve, if any. If a secrecy sleeve is not provided,
2 refold the ballot to conceal your votes.
3 Step 3. Place the ballot or ballots in the return envelope
4 and securely seal the envelope.
5 Step 4. Sign and date the return envelope in the place
6 designated. Your signature must appear on the return envelope or
7 the ballot will not be counted. If you are disabled or otherwise
8 unable to mark the ballot and required assistance in voting your
9 absent voter ballot, have the person who assisted you complete
10 the section on the return envelope entitled "TO BE COMPLETED ONLY
11 IF VOTER IS ASSISTED IN VOTING BY ANOTHER PERSON".
12 Step 5. Deliver the return envelope by 1 of the following
13 methods:
14 (a) Place the necessary postage upon the return envelope and
15 deposit it in the United States mail or with another public
16 postal service, express mail service, parcel post service, or
17 common carrier.
18 (b) Deliver the envelope personally to the office of the
19 clerk, 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 a ballot to the clerk for the voter.
25 (d) You may request by telephone that the clerk who issued
26 the ballot provide assistance in returning the ballot. The clerk
27 is required to provide assistance if you are unable to return
1 your absent voter ballot as specified in (a), (b), or (c) above,
2 if it is before 5 p.m. on the Friday immediately preceding the
3 election, and if you are asking the clerk to pickup the absent
4 voter ballot within the jurisdictional limits of the city,
5 township, or village in which you are registered. Your absent
6 voter ballot will then be picked up by the clerk or an election
7 assistant sent by the clerk. All persons authorized to pick up
8 absent voter ballots are required to carry credentials issued by
9 the clerk. If using this absent voter ballot return method, do
10 not give your ballot to anyone until you have checked their
11 credentials.
12 Step 6. The ballot must reach the clerk or an authorized
13 assistant of the clerk before the close of the polls on election
14 day. An absent voter ballot received by the clerk or assistant of
15 the clerk after the close of the polls on election day will not
16 be counted.
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17 |
WARNING |
18 All of the following actions are violations of the Michigan
19 election law and are illegal in this state:
20 (1) To vote an absent voter ballot at a meeting or gathering
21 at which other people are voting absent voter ballots.
22 (2) For a person who is assisting an absent voter in marking
23 the ballot to suggest or in any manner attempt to influence the
24 absent voter on how he or she should vote.
25 (3) For a person who is present and knows that a person is
1 voting an absent voter ballot to suggest or in any manner attempt
2 to influence the absent voter on how he or she should vote.
3 (4) For a person other than those listed in these
4 instructions to return, offer to return, agree to return, or
5 solicit to return an absent voter ballot to the clerk.
6 (5) For a person other than the absent voter; a person
7 listed in these instructions; or a person whose job it is to
8 handle mail before, during, or after being transported by a
9 public postal service, express mail service, parcel post service,
10 or common carrier, but only during the normal course of his or
11 her employment to be in possession of a voted or unvoted absent
12 voter ballot.