Bill Text: MI SB0117 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Elections; absent voters; definition of absent voter; expand to include an elector who applies in person at the clerk's office and who presents photo identification. Amends secs. 758 & 759 of 1954 PA 116 (MCL 168.758 & 168.759).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-07 - Referred To Committee On Elections And Government Reform [SB0117 Detail]

Download: Michigan-2017-SB0117-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 117

 

 

February 7, 2017, Introduced by Senators SCHMIDT, O'BRIEN, MACGREGOR, ZORN, SHIRKEY, KNOLLENBERG, HANSEN, EMMONS, NOFS, ROCCA and CASPERSON 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 and 759 (MCL 168.758 and 168.759), 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 this act, "absent voter"

 

 2  means a qualified and registered elector who meets 1 or more of the

 

 3  following requirements:

 

 4        (a) On account of physical disability, cannot without

 

 5  another's assistance attend the polls on the day of an election.

 

 6        (b) On account of the tenets of his or her religion, cannot

 

 7  attend the polls on the day of election.

 

 8        (c) Cannot attend the polls on the day of an election in the

 

 9  precinct in which he or she resides because of being an election

 1  precinct inspector in another precinct.

 

 2        (d) Is 60 years of age or older.

 

 3        (e) Is absent or expects to be absent from the township or

 

 4  city in which he or she resides during the entire period the polls

 

 5  are open for voting on the day of an election.

 

 6        (f) Cannot attend the polls on election day because of being

 

 7  confined in jail awaiting arraignment or trial.

 

 8        (g) Applies for an absent voter ballot in person with the

 

 9  clerk of the township, city, or village in which he or she is

 

10  registered, and he or she identifies himself or herself to the

 

11  clerk by presenting an official state personal identification card

 

12  issued to that elector under 1972 PA 222, MCL 28.291 to 28.300, an

 

13  operator's or chauffeur's license issued to that elector under the

 

14  Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

 

15  another generally recognized picture identification card.

 

16        (2) Subsection (1) does not apply to a person who has moved

 

17  outside of this state, regardless of length of his or her residence

 

18  outside of this state, and who no longer maintains an actual

 

19  residence in this state. The storage of personal effects or

 

20  household goods, the ownership of property that is rented or leased

 

21  to others, or occasional brief visits to a former domicile in this

 

22  state while residing outside of this state for most of the year

 

23  does do not constitute a residence for voting purposes in this

 

24  state, except for each of the following:

 

25        (a) A person described in section 1 of article II of the state

 

26  constitution of 1963 and statutes enacted under that section.

 

27        (b) A person described in section 759a.

 1        Sec. 759. (1) At any time during the 75 days before a primary

 

 2  or special primary, but not later than 2 p.m. of the Saturday

 

 3  immediately before the primary or special primary, an elector who

 

 4  qualifies to vote as an absent voter, as defined in section 758,

 

 5  may apply for an absent voter ballot. The elector shall apply in

 

 6  person or, subject to section 758(1)(g), by mail with the clerk of

 

 7  the township, city, or village in which the elector is registered.

 

 8  An application received before a primary or special primary may be

 

 9  for either that primary only, or for that primary and the election

 

10  that follows.

 

11        (2) Except as otherwise provided in subsection (1), at anytime

 

12  any time during the 75 days before an election, but not later than

 

13  2 p.m. of the Saturday before the election, an elector who

 

14  qualifies to vote as an absent voter, as defined in section 758,

 

15  may apply for an absent voter ballot. The elector shall apply in

 

16  person or, subject to section 758(1)(g), by mail with the clerk of

 

17  the township, city, or village in which the voter is registered.

 

18        (3) An application for an absent voter ballot under this

 

19  section may be made in any of the following ways:

 

20        (a) By a written request signed by the voter stating the

 

21  statutory grounds for making the application.

 

22        (b) On an absent voter ballot application form provided for

 

23  that purpose by the clerk of the city, township, or village.

 

24        (c) On a federal postcard application.

 

25        (4) An applicant for an absent voter ballot shall sign the

 

26  application. A clerk or assistant clerk shall not deliver an absent

 

27  voter ballot to an applicant who does not sign the application. A

 1  person shall not be in possession of a signed absent voter ballot

 

 2  application except for the applicant; a member of the applicant's

 

 3  immediate family; a person residing in the applicant's household; a

 

 4  person whose job normally includes the handling of mail, but only

 

 5  during the course of his or her employment; a registered elector

 

 6  requested by the applicant to return the application; or a clerk,

 

 7  assistant of the clerk, or other authorized election official. A

 

 8  registered elector who is requested by the applicant to return his

 

 9  or her absent voter ballot application shall sign the certificate

 

10  on the absent voter ballot application.

 

11        (5) The clerk of a city, township, or village shall have

 

12  absent voter ballot application forms available in the clerk's

 

13  office at all times and shall furnish an absent voter ballot

 

14  application form to anyone upon a verbal or written request. The

 

15  Except as otherwise provided in subsection (6), the absent voter

 

16  ballot application shall must be in substantially the following

 

17  form:

 

18        "Application for absent voter ballot for:

 

19        [  ] The primary or special primary election to be held on

 

20  ___________________ (Date).

 

21        [  ] The election to be held on _______ (Date).

 

22        (Check applicable election or elections)

 

23        I, .................................. , a United States

 

24  citizen and a qualified and registered elector of the ............

 

25  precinct of the township of ............ or village of ............

 

26  or of the ............ ward of the city of

 

27  .................................. , in the county of

 1  .................................. and state of Michigan, apply for

 

 2  an official ballot, or ballots, to be voted by me at the election

 

 3  or elections as requested in this application.

 

 4        The statutory grounds on which I base my request are:

 

 5        [  ] I expect to be absent from the community in which I am

 

 6  registered for the entire time the polls are open on election day.

 

 7        [  ] I am physically unable to attend the polls without the

 

 8  assistance of another.

 

 9        [  ] I cannot attend the polls because of the tenets of my

 

10  religion.

 

11        [  ] I have been appointed an election precinct inspector in a

 

12  precinct other than the precinct where I reside.

 

13        [  ] I am 60 years of age or older.

 

14        [  ] I cannot attend the polls because I am confined to jail

 

15  awaiting arraignment or trial.

 

16        (Check applicable reason)

 

 

17	Send absent voter ballot to me at:
18	...........................................
19	(Street No. or R.R.)
20	...........................................
21	(Post Office)           (State)  (Zip Code)
22	My registered address .......................................
23	(Street No. or R.R.)
24	.......................................
25	(Post Office)       (State)   (Zip Code)
26	Date.........................................................
27	I certify that I am a United States citizen and that

1	the statements in this absent voter ballot application
2	are true.
3	.......................................
4	(Signature)
5	WARNING

 

 

 6        You must be a United States citizen to vote. If you are not a

 

 7  United States citizen, you will not be issued an absent voter

 

 8  ballot.

 

 9        A person making a false statement in this absent voter ballot

 

10  application is guilty of a misdemeanor. It is a violation of

 

11  Michigan election law for a person other than those listed in the

 

12  instructions to return, offer to return, agree to return, or

 

13  solicit to return your absent voter ballot application to the

 

14  clerk. An assistant authorized by the clerk who receives absent

 

15  voter ballot applications at a location other than the clerk's

 

16  office must have credentials signed by the clerk. Ask to see his or

 

17  her credentials before entrusting your application with a person

 

18  claiming to have the clerk's authorization to return your

 

19  application.

 

 

20	Certificate of Authorized Registered
21	Elector Returning Absent Voter
22	Ballot Application

 

 

23        I certify that my name is .................... , my address is

 

24  .................... , and my date of birth is ............ ; that

 

25  I am delivering the absent voter ballot application of

 

26  .................... at his or her request; that I did not solicit

 1  or request to return the application; that I have not made any

 

 2  markings on the application; that I have not altered the

 

 3  application in any way; that I have not influenced the applicant;

 

 4  and that I am aware that a false statement in this certificate is a

 

 5  violation of Michigan election law.

 

 

6	_____________             __________________________________
7	(Date)                          (Signature)"

 

 

 8        (6) If an elector who qualifies to vote as an absent voter as

 

 9  defined in section 758(1)(g) applies for an absent voter ballot,

 

10  the absent voter ballot application must be in substantially the

 

11  following form:

 

12        "Application for absent voter ballot for:

 

13        [  ] The primary or special primary election to be held on

 

14  ___________________ (Date).

 

15        [  ] The election to be held on _______ (Date).

 

16        (Check applicable election or elections)

 

17        I, .................................. , a United States

 

18  citizen and a qualified and registered elector of the ............

 

19  precinct of the township of ............ or village of ............

 

20  or of the ............ ward of the city of

 

21  .................................. , in the county of

 

22  .................................. and state of Michigan, apply for

 

23  an official ballot, or ballots, to be voted by me at the election

 

24  or elections as requested in this application.

 

25        The statutory ground on which I base my request is:

 

26        [  ] I am applying for an absent voter ballot in person with

 

 1  the clerk of the township, city, or village in which I am

 

 2  registered, and I am identifying myself to the clerk by presenting

 

 3  an official state personal identification card, an operator's or

 

 4  chauffeur's license, or another generally recognized picture

 

 5  identification card.

 

 

6	Send absent voter ballot to me at:
7	...........................................
8	(Street No. or R.R.)
9	...........................................
10	(Post Office)           (State)  (Zip Code)
11	My registered address .......................................
12	(Street No. or R.R.)
13	.......................................
14	(Post Office)       (State)   (Zip Code)
15	Date.........................................................
16	I certify that I am a United States citizen and that
17	the statements in this absent voter ballot application
18	are true.
19	.......................................
20	(Signature)
21	WARNING

 

 

22        You must be a United States citizen to vote. If you are not a

 

23  United States citizen, you will not be issued an absent voter

 

24  ballot.

 

25        A person making a false statement in this absent voter ballot

 

26  application is guilty of a misdemeanor. It is a violation of

 

 1  Michigan election law for a person other than those listed in the

 

 2  instructions to return, offer to return, agree to return, or

 

 3  solicit to return your absent voter ballot application to the

 

 4  clerk. An assistant authorized by the clerk who receives absent

 

 5  voter ballot applications at a location other than the clerk's

 

 6  office must have credentials signed by the clerk. Ask to see his or

 

 7  her credentials before entrusting your application with a person

 

 8  claiming to have the clerk's authorization to return your

 

 9  application.

 

 

10	Certificate of Authorized Registered
11	Elector Returning Absent Voter
12	Ballot Application

 

 

13        I certify that my name is .................... , my address is

 

14  .................... , and my date of birth is ............ ; that

 

15  I am delivering the absent voter ballot application of

 

16  .................... at his or her request; that I did not solicit

 

17  or request to return the application; that I have not made any

 

18  markings on the application; that I have not altered the

 

19  application in any way; that I have not influenced the applicant;

 

20  and that I am aware that a false statement in this certificate is a

 

21  violation of Michigan election law.

 

 

22	_____________             __________________________________
23	(Date)                          (Signature)"

 

 

24        (7) (6) The following instructions for an applicant for an

 

25  absent voter ballot shall be included with each application

 

 1  furnished an applicant:

 

 

2	INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

 

 3        Step 1. After completely filling out the application, sign and

 

 4  date the application in the place designated. Your signature must

 

 5  appear on the application or you will not receive an absent voter

 

 6  ballot.

 

 7        Step 2. Deliver the application by 1 of the following methods:

 

 8        (a) Place the application in an envelope addressed to the

 

 9  appropriate clerk and place the necessary postage upon the return

 

10  envelope and deposit it in the United States mail or with another

 

11  public postal service, express mail service, parcel post service,

 

12  or common carrier.

 

13        (b) Deliver the application personally to the clerk's office,

 

14  to the clerk, or to an authorized assistant of the clerk.

 

15        (c) In either (a) or (b), a member of the immediate family of

 

16  the voter including a father-in-law, mother-in-law, brother-in-law,

 

17  sister-in-law, son-in-law, daughter-in-law, grandparent, or

 

18  grandchild or a person residing in the voter's household may mail

 

19  or deliver the application to the clerk for the applicant.

 

20        (d) If an applicant cannot return the application in any of

 

21  the above methods, the applicant may select any registered elector

 

22  to return the application. The person returning the application

 

23  must sign and return the certificate at the bottom of the

 

24  application.

 

25        (7) A person who prints and distributes absent voter ballot

 

26  applications shall print on the application the warning,

 

 1  certificate of authorized registered elector returning absent voter

 

 2  ballot application, and instructions required by this section.

 

 3        (8) A person who makes a false statement in an absent voter

 

 4  ballot application is guilty of a misdemeanor. A person who forges

 

 5  a signature on an absent voter ballot application is guilty of a

 

 6  felony. A person who is not authorized in this act and who both

 

 7  distributes absent voter ballot applications to absent voters and

 

 8  returns those absent voter ballot applications to a clerk or

 

 9  assistant of the clerk is guilty of a misdemeanor.

 

10        (9) A person who prints and distributes absent voter ballot

 

11  applications shall print on the application the warning,

 

12  certificate of authorized registered elector returning absent voter

 

13  ballot application, and instructions required by this section.

 

14        Enacting section 1. This amendatory act takes effect January

 

15  1, 2019.

 

16        Enacting section 2. If any portion of this amendatory act or

 

17  the application of this amendatory act to any person or

 

18  circumstances is found invalid by a court, it is the intent of the

 

19  legislature that the provisions of this amendatory act are

 

20  nonseverable and that the remainder of the amendatory act shall be

 

21  invalid, inoperable, and without effect.