Bill Text: MI SB0656 | 2017-2018 | 99th Legislature | Engrossed


Bill Title: Elections; voting procedures; provisions in the Michigan election law regarding individuals in the address confidentiality program; provide for. Amends secs. 509q, 758, 759 & 761 of 1954 PA 116 (MCL 168.509q et seq.) & adds secs. 499b & 735a. TIE BAR WITH: SB 0655'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed) 2018-05-15 - Referred To Committee On Judiciary [SB0656 Detail]

Download: Michigan-2017-SB0656-Engrossed.html

SB-0656, As Passed Senate, May 15, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 656

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 509q, 758, 759, and 761 (MCL 168.509q,

 

168.758, 168.759, and 168.761), section 509q as amended by 2012 PA

 

586, section 758 as amended by 1996 PA 207, and sections 759 and

 

761 as amended by 2012 PA 523, and by adding sections 499b and

 

735a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 499b. The voter registration application of an elector

 

 2  who is a program participant, as that term is defined in the

 

 3  address confidentiality program act, is confidential and not

 

 4  subject to disclosure under the freedom of information act, 1976 PA

 

 5  442, MCL 15.231 to 15.246.


 1        Sec. 509q. (1) The Subject to subsection (2), the qualified

 

 2  voter file shall must contain all of the following information for

 

 3  each qualified voter:

 

 4        (a) The name; residence address including house number and

 

 5  street name or rural route and box number, and the apartment

 

 6  number, if any; city; state; zip code; and date of birth.

 

 7        (b) The driver's driver license number or state personal

 

 8  identification card number or similar number issued by a designated

 

 9  voter registration agency.

 

10        (c) Jurisdictional information including county and city or

 

11  township; village, if any; metropolitan district, if any; and

 

12  school district.

 

13        (d) Precinct numbers and ward numbers, if any.

 

14        (e) Any other information that the secretary of state

 

15  determines is necessary to assess the eligibility of qualified

 

16  electors or to administer voter registration or other aspects of

 

17  the election process.

 

18        (f) Voting history for a 5-year period.

 

19        (g) The most recent digitized signature of an elector if

 

20  captured or reproduced by the secretary of state or a county, city,

 

21  or township clerk from a voter registration application pursuant to

 

22  under section 509hh, or captured or reproduced by the secretary of

 

23  state pursuant to under section 307 of the Michigan vehicle code,

 

24  1949 PA 300, MCL 257.307.

 

25        (2) If a qualified voter is a program participant, as that

 

26  term is defined in the address confidentiality program act, the

 

27  qualified voter file must also contain the program participant's


 1  unique identification number issued by the department of the

 

 2  attorney general.

 

 3        (3) Except as otherwise provided in this subsection, if a

 

 4  qualified voter is a program participant, as that term is defined

 

 5  in the address confidentiality program act, the information

 

 6  contained in the qualified voter file for that program participant,

 

 7  including his or her unique identification number issued by the

 

 8  department of the attorney general, is confidential and not subject

 

 9  to disclosure under the freedom of information act, 1976 PA 442,

 

10  MCL 15.231 to 15.246. The information contained in the qualified

 

11  voter file for a program participant, as that term is defined in

 

12  the address confidentiality program act, may be used by an election

 

13  official during the normal course of his or her duties as an

 

14  election official.

 

15        Sec. 735a. For a program participant, as that term is defined

 

16  in the address confidentiality program act, any poll list or poll

 

17  book created for or used at an election must only contain the name

 

18  of that program participant and a notation for the precinct

 

19  election inspectors to contact the city or township clerk on how to

 

20  process the elector who is a program participant.

 

21        Sec. 758. (1) For the purposes of this act, "absent voter"

 

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

 

23  following requirements:

 

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

 

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

 

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

 

27  attend the polls on the day of election.


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

 

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

 

 3  precinct inspector in another precinct.

 

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

 

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

 

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

 

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

 

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

 

 9  confined in jail awaiting arraignment or trial.

 

10        (g) Is a program participant in the address confidentiality

 

11  program and provides his or her program participant identification

 

12  number.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20  does not constitute a residence for voting purposes in this state,

 

21  except for each of the following:

 

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

 

23  constitution of 1963 and statutes enacted under that section.

 

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

 

25        (3) If a qualified elector is a program participant, as that

 

26  term is defined in the address confidentiality program act, then

 

27  that qualified elector shall only vote an absent voter ballot while


 1  he or she is a program participant.

 

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

 

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

 

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

 

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

 

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

 

 7  person or by mail with the clerk of the township, city, or village

 

 8  in which the elector is registered. An application received before

 

 9  a primary or special primary may be for either that primary only,

 

10  or for that primary and the election 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 by mail with the clerk of the township, city, or village

 

17  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  absent voter ballot application shall must be in substantially the

 

16  following form:

 

17        "Application for absent voter ballot for:

 

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

 

19  ___________________ (Date).

 

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

 

21        (Check applicable election or elections)

 

22        I, .................................. , a United States

 

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

 

24  precinct of the township of ............ or village of ............

 

25  or of the ............ ward of the city of

 

26  .................................. , in the county of

 

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


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

 

 2  or elections as requested in this application.

 

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

 

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

 

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

 

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

 

 7  assistance of another.

 

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

 

 9  religion.

 

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

 

11  precinct other than the precinct where I reside.

 

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

 

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

 

14  awaiting arraignment or trial.

 

15        [  ] I am a program participant in the address confidentiality

 

16  program and I am providing my program participant identification

 

17  number.

 

18        (Check applicable reason)

 

 

19

     Send absent voter ballot to me at:

20

     ...........................................

21

                (Street No. or R.R. or designated address)

22

     ...........................................

23

     (Post Office)           (State)  (Zip Code)

24

      My registered address .......................................

25

(Street No. or R.R. or program participant identification number)

26

                            .......................................

27

                           (Post Office)       (State)   (Zip Code)


 1

     Date.........................................................

 2

     I certify that I am a United States citizen and that

 3

     the statements in this absent voter ballot application

 4

     are true.

 5

                           .......................................

 6

                                         (Signature)

 7

                              WARNING

 

 

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

 

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

 

10  ballot.

 

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

 

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

 

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

 

14  instructions to return, offer to return, agree to return, or

 

15  solicit to return your absent voter ballot application to the

 

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

 

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

 

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

 

19  her credentials before entrusting your application with a person

 

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

 

21  application.

 

 

22

               Certificate of Authorized Registered

23

                  Elector Returning Absent Voter

24

                       Ballot Application

 

 

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

 

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

 

27  I am delivering the absent voter ballot application of


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

 

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

 

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

 

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

 

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

 

 6  violation of Michigan election law.

 

 

 7

   _____________             __________________________________

 8

         (Date)                          (Signature)"

 

 

 9        (6) The following instructions for an applicant for an absent

 

10  voter ballot shall must be included with each application furnished

 

11  an applicant:

 

 

12

       INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

 

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

 

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

 

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

 

16  ballot.

 

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

 

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

 

19  appropriate clerk and place the necessary postage upon the return

 

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

 

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

 

22  or common carrier.

 

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

 

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

 

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

 


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

 

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

 

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

 

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

 

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

 

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

 

 7  to return the application. The person returning the application

 

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

 

 9  application.

 

10        (7) 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        (8) A person who makes a false statement in an absent voter

 

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

 

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

 

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

 

18  distributes absent voter ballot applications to absent voters and

 

19  returns those absent voter ballot applications to a clerk or

 

20  assistant of the clerk is guilty of a misdemeanor.

 

21        (9) The absent voter ballot application of an elector who is a

 

22  program participant, as that term is defined in the address

 

23  confidentiality program act, is confidential and not subject to

 

24  disclosure under the freedom of information act, 1976 PA 442, MCL

 

25  15.231 to 15.246.

 

26        Sec. 761. (1) If the clerk of a city, township, or village

 

27  receives an application for an absent voter ballot from a person


 1  registered to vote in that city, township, or village and if the

 

 2  signature on the application agrees with the signature for the

 

 3  person contained in the qualified voter file or on the registration

 

 4  card as required in subsection (2), the clerk immediately upon

 

 5  receipt of the application or, if the application is received

 

 6  before the printing of the absent voter ballots, as soon as the

 

 7  ballots are received by the clerk, shall forward by mail, postage

 

 8  prepaid, or shall deliver personally 1 of the ballots or set of

 

 9  ballots if there is more than 1 kind of ballot to be voted to the

 

10  applicant. If the clerk of a city or township receives an

 

11  application for an absent voter ballot from an applicant who is a

 

12  program participant, as that term is defined in the address

 

13  confidentiality program act, then the city or township clerk shall

 

14  mail an absent voter ballot to that program participant at the

 

15  designated address provided to that program participant by the

 

16  department of the attorney general under the address

 

17  confidentiality program act. Subject to the identification

 

18  requirement in subsection (6), absent voter ballots may be

 

19  delivered to an applicant in person at the office of the clerk.

 

20        (2) The qualified voter file shall must be used to determine

 

21  the genuineness of a signature on an application for an absent

 

22  voter ballot. Signature comparisons shall must be made with the

 

23  digitized signature in the qualified voter file. If the qualified

 

24  voter file does not contain a digitized signature of an elector, or

 

25  is not accessible to the clerk, the city or township clerk shall

 

26  compare the signature appearing on the application for an absent

 

27  voter ballot to the signature contained on the master card.


 1        (3) Notwithstanding section 759, providing that no absent

 

 2  voter applications shall be received by the clerk after 2 p.m. on

 

 3  the Saturday before the election, and subject to the identification

 

 4  requirement in subsection (6), a person qualified to vote as an

 

 5  absent voter may apply in person at the clerk's office before 4

 

 6  p.m. on a day before the election except Sunday or a legal holiday

 

 7  to vote as an absent voter. The applicant shall receive his or her

 

 8  absent voter ballot and vote the ballot in the clerk's office. All

 

 9  other absent voter ballots, except ballots delivered pursuant to an

 

10  emergency absent voter ballot application under section 759b, shall

 

11  be mailed or delivered to the registration address of the applicant

 

12  unless the application requests delivery to an address outside the

 

13  city, village, or township or to a hospital or similar institution,

 

14  in which case the absent voter ballots shall must be mailed or

 

15  delivered to the address given in the application. However, a clerk

 

16  may mail or deliver an absent voter ballot, upon request of the

 

17  absent voter, to a post office box if the post office box is where

 

18  the absent voter normally receives personal mail and the absent

 

19  voter does not receive mail at his or her registration address.

 

20        (4) Absent voter ballots shall must be issued in the same

 

21  order in which applications are received by the clerk of a city,

 

22  township, or village, as nearly as may be, and each ballot issued

 

23  shall must bear the lowest number of each kind available for this

 

24  purpose. However, this provision does not prohibit a clerk from

 

25  immediately issuing an absent voter ballot to an absent voter who

 

26  applies in person in the clerk's office for absent voter ballots.

 

27  The clerk shall enclose with the ballot or ballots a return


 1  envelope properly addressed to the clerk and bearing upon the back

 

 2  of the envelope a printed statement in substantially the following

 

 3  form:

 

 

 4

                         TO BE COMPLETED

 5

                           BY THE CLERK

 6

______________________________      ____________________________

 7

     Name of Voter                    Street Address or R.R.

 8

                                     or program participant

 9

                                       identification number

10

______________________________      ____________________________

11

  City, Township or Village                   County

12

Ward ________  Precinct _______  Date of Election  _____________

13

=================================================================

14

              TO BE COMPLETED BY THE ABSENT VOTER

 

 

15        I assert that I am a United States citizen and a qualified and

 

16  registered elector of the city, township, or village named above. I

 

17  am voting as an absent voter in conformity with state election law.

 

18  Unless otherwise indicated below, I personally marked the ballot

 

19  enclosed in this envelope without exhibiting it to any other

 

20  person.

 

21        I further assert that this absent voter ballot is being

 

22  returned to the clerk or an assistant of the clerk by me

 

23  personally; by public postal service, express mail service, parcel

 

24  post service, or other common carrier; by a member of my immediate

 

25  family; or by a person residing in my household.

 

 


 1

     DATE: ______________   SIGN HERE:  X_________________________

 2

                                        Signature of Absent Voter

 3

The above form must be signed or your vote will not be counted.

 4

AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY

 5

OF A MISDEMEANOR.

 6

=================================================================

 7

       TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING

 8

                         BY ANOTHER PERSON

 

 

 9        I assisted the above named absent voter who is disabled or

 

10  otherwise unable to mark the ballot in marking his or her absent

 

11  voter ballot pursuant to his or her directions. The absent voter

 

12  ballot was inserted in the return envelope without being exhibited

 

13  to any other person.

 

 

14

_______________________  __________________   ___________________

15

  Signature of Person      Street Address      City, Twp., or

16

    Assisting Voter            or R.R.             Village

17

_________________________________________________________________

18

Printed Name of Person Assisting Voter

19

A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A

20

FALSE STATEMENT IS GUILTY OF A FELONY.

21

=================================================================

22

                             WARNING

 

 

23        PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER

 

24  BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A

 

25  PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR

 

26  RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY

 

27  THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO


 1  HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC

 

 2  POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR

 

 3  COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER

 

 4  EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER

 

 5  AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR

 

 6  SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT VOTER

 

 7  BALLOT IS GUILTY OF A FELONY.

 

 8        (5) An absent voter who knowingly makes a false statement on

 

 9  the absent voter ballot return envelope is guilty of a misdemeanor.

 

10  A person who assists an absent voter and who knowingly makes a

 

11  false statement on the absent voter ballot return envelope is

 

12  guilty of a felony.

 

13        (6) If an elector obtains his or her absent voter ballot in

 

14  person from the clerk of the city, township, or village in which he

 

15  or she is registered, the clerk of the city, township, or village

 

16  shall not provide an absent voter ballot to that elector until the

 

17  elector identifies himself or herself to the clerk by presenting an

 

18  official state identification card issued to that elector under

 

19  1972 PA 222, MCL 28.291 to 28.300, an operator's or chauffeur's

 

20  license issued to that elector under the Michigan vehicle code,

 

21  1949 PA 300, MCL 257.1 to 257.923, or other generally recognized

 

22  picture identification card. If an elector does not have an

 

23  official state identification card, operator's or chauffeur's

 

24  license, or other generally recognized picture identification card,

 

25  the elector may sign an affidavit to that effect before the clerk

 

26  of the city, township, or village and be allowed to obtain his or

 

27  her absent voter ballot in person from the clerk. The clerk of the


 1  city, village, or township shall indicate to each elector who

 

 2  obtains his or her absent voter ballot in person from the clerk

 

 3  that the elector may sign an affidavit indicating that the elector

 

 4  does not have an official state identification card, operator's or

 

 5  chauffeur's license, or other generally recognized picture

 

 6  identification card in order to obtain his or her absent voter

 

 7  ballot in person from the clerk. However, if an elector obtains his

 

 8  or her absent voter ballot in person from the clerk and votes by

 

 9  absent voter ballot without providing the identification required

 

10  under this subsection, the absent voter ballot of that elector

 

11  shall must be prepared as a challenged ballot as provided in

 

12  section 727 and shall must be counted as any other ballot is

 

13  counted unless determined otherwise by a court of law under section

 

14  747 or 748 or any other applicable law.

 

15        Enacting section 1. This amendatory act takes effect 180 days

 

16  after the date it is enacted into law.

 

17        Enacting section 2. This amendatory act does not take effect

 

18  unless Senate Bill No. 655 of the 99th Legislature is enacted into

 

19  law.

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