Bill Text: MI SB0977 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: offenses; certain felonies involving absent voter ballot applications; create. Amends sec. 759 of 1954 PA 116 (MCL 168.759).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2020-10-21 - Postponed For The Day [SB0977 Detail]
Download: Michigan-2019-SB0977-Introduced.html
SENATE BILL NO. 977
June 18, 2020, Introduced by Senator DALEY and
referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 2018 PA 603.
the people of the state of michigan enact:
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Sec. 759. (1) Subject to section 761(3), at any time
during the 75 days before a primary or special primary, but not later than 8
p.m. on the day of a primary or special primary, an elector may apply for an
absent voter ballot. The elector shall apply in person
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or by mail with the clerk of the township or city in
which the elector is registered. The clerk of a city or township shall not send
by first-class mail an absent voter ballot to an elector after 5 p.m. on the
Friday immediately before the election. In addition, the clerk of a city or
township shall not issue an absent voter ballot to a registered elector in that
city or township after 4 p.m. on the day before the election. An application
received before a primary or special primary may be for either that primary
only, or for that primary and the election that follows. An individual may
submit a voter registration application and an absent voter ballot application
at the same time if applying in person with the clerk or deputy clerk of the
city or township in which the individual resides. Immediately after his or her
voter registration application and absent voter ballot application are approved
by the clerk or deputy clerk, the individual may, subject to the identification
requirement in section 761(6), complete an absent voter ballot at the clerk's
office.
(2) Except as otherwise provided in subsection (1) and
subject to section 761(3), at any time during the 75 days before an election,
but not later than 8 p.m. on the day of an election, an elector may apply for
an absent voter ballot. The elector shall apply in person or by mail with the
clerk of the township, city, or village in which the voter is registered. The
clerk of a city or township shall not send by first-class mail an absent voter
ballot to an elector after 5 p.m. on the Friday immediately before the
election. In addition, the clerk of a city or township shall not issue an
absent voter ballot to a registered elector in that city or township after 4
p.m. on the day before the election. An individual may submit a voter
registration application and an
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absent voter ballot application at the same time if
applying in person with the clerk or deputy clerk of the city or township in
which the individual resides. Immediately after his or her voter registration
application and absent voter ballot application are approved by the clerk, the
individual may, subject to the identification requirement in section 761(6),
complete an absent voter ballot at the clerk's office.
(3) An application for an absent voter ballot under
this section may be made in any of the following ways:
(a) By a written request signed by the voter.
(b) On an absent voter ballot application form
provided for that purpose by the clerk of the city or township.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign
the application. A clerk or assistant clerk shall not deliver an absent voter
ballot to an applicant who does not sign the application. A person shall not be
in possession of a signed absent voter ballot application except for the
applicant; a member of the applicant's immediate family; a person residing in
the applicant's household; a person whose job normally includes the handling of
mail, but only during the course of his or her employment; a registered elector
requested by the applicant to return the application; or a clerk, assistant of
the clerk, or other authorized election official. A registered elector who is
requested by the applicant to return his or her absent voter ballot application
shall sign the certificate on the absent voter ballot application.
(5) The clerk of a city or township shall have absent
voter ballot application forms available in the clerk's office at all times and
shall furnish an absent voter ballot application form to
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anyone upon a verbal or written request. The absent
voter ballot application must be in substantially the following form:
"Application for absent voter ballot for:
[ ] The primary
or special primary election to be held on ___________________ (Date).
[ ] The election
to be held on _______ (Date).
(Check applicable election or elections)
I, .................................. , a United
States citizen and a qualified and registered elector of the ............
precinct of the township of ............ or of the ............ ward of the
city of .................................. , in the county of
.................................. and state of Michigan, apply for an official
ballot, or ballots, to be voted by me at the election or elections as requested
in this application.
........................................... |
||||||
(Street No.
or R.R.) |
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........................................... |
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(Post
Office) (State) (Zip Code) |
||||||
My
registered address .............................. |
||||||
|
(Street No.
or R.R.) |
|||||
|
....................................... |
|||||
|
(Post Office) |
(State) |
(Zip Code) |
|||
Date................................................ |
||||||
the
statements in this absent voter ballot |
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application are true. |
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|
.................................. |
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|
(Signature) |
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WARNING |
You must be a United States citizen to vote. If you
are not a United States citizen, you will not be issued an absent voter ballot.
A person making a false statement in this absent voter
ballot application is guilty of a misdemeanor. It is a violation of Michigan
election law for a person other than those listed in the instructions to
return, offer to return, agree to return, or solicit to return your absent
voter ballot application to the clerk. An assistant authorized by the clerk who
receives absent voter ballot applications at a location other than the clerk's
office must have credentials signed by the clerk. Ask to see his or her
credentials before entrusting your application with a person claiming to have
the clerk's authorization to return your application.
Certificate
of Authorized Registered |
Elector
Returning Absent Voter |
Ballot Application |
I certify that my name is .................... , my
address is .................... , and my date of birth is ............ ; that I
am delivering the absent voter ballot application of .................... at
his or her request; that I did not solicit or request to return the
application; that I have not made any markings on the application; that I have
not altered the application in any way; that I have not influenced the
applicant; and that I am aware that a false statement in this certificate is a
violation of Michigan election law.
(Date) (Signature)" |
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(6) The following instructions for an applicant for an
absent voter ballot must be included with each application furnished an
applicant:
Step 1. After completely filling out the application,
sign and date the application in the place designated. Your signature must
appear on the application or you will not receive an absent voter ballot.
Step 2. Deliver the application by 1 of the following
methods:
(a) Place the application in an envelope addressed to
the appropriate clerk and place the necessary postage upon the return envelope
and deposit it in the United States mail or with another public postal service,
express mail service, parcel post service, or common carrier.
(b) Deliver the application personally to the clerk's
office, to the clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b), a member of the immediate
family of the voter including a father-in-law, mother-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a
person residing in the voter's household may mail or deliver the application to
the clerk for the applicant.
(d) If an applicant cannot return the application in
any of the above methods, the applicant may select any registered elector to
return the application. The person returning the application must sign and
return the certificate at the bottom of the application.
(7) A person who prints and distributes absent voter
ballot applications shall print on the application the warning, certificate of
authorized registered elector returning absent voter
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ballot application, and instructions required by this
section.
(8) A person who knowingly makes a false statement in an absent voter
ballot application is guilty of a misdemeanor. A person who forges a signature
on an absent voter ballot application is guilty of a felony. A person who is
not authorized in this act and who both distributes absent voter ballot
applications to absent voters and returns those absent voter ballot
applications to a clerk or assistant of the clerk is guilty of a misdemeanor.
(9) Except as otherwise expressly authorized by law, a person who knowingly submits an absent voter ballot application containing or using another person's name and personal identification information is guilty of a felony.
(10) A person who knowingly submits an absent voter ballot application with the intent to obtain multiple absent voter ballots for a person is guilty of a felony.