Bill Text: MI SB1034 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Elections: voting procedures; process for voting without identification for election purposes; modify to include proof of identity and proof of state residency. Amends secs. 523, 523a, 813 & 829 of 1954 PA 116 (MCL 168.523 et seq.).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced) 2024-10-08 - Referred To Committee On Elections And Ethics [SB1034 Detail]
Download: Michigan-2023-SB1034-Introduced.html
SENATE BILL NO. 1034
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 523, 523a, 813, and 829 (MCL 168.523, 168.523a, 168.813, and 168.829), section 523 as amended by 2018 PA 129 and sections 523a, 813, and 829 as amended by 2018 PA 603.
the people of the state of michigan enact:
Sec. 523. (1) Except as otherwise provided in subsection (2), (3), at each election, before being given a ballot, each registered elector offering to vote must identify himself or herself by presenting present identification for election purposes, and by executing must execute an application, on a form prescribed by the secretary of state, in the presence of an election official that includes all of the following:
(a) The name of the elector.elector's name.
(b) The elector's address of residence.
(c) The elector's date of birth.
(d) An affirmative statement by the elector that is included in the signature statement indicating that he or she the elector is a citizen of the United States.
(e) The elector's signature or mark.
(2) If an elector's signature contained in the qualified voter file is available in the polling place, the election official shall compare the signature upon on the application with the digitized signature provided by the qualified voter file. If an elector's signature is not contained in the qualified voter file, the election official shall process the application in the same manner as applications are processed when a voter registration list is used in the polling place. If voter registration lists are used in the precinct, the election inspector shall determine if the name on the application to vote appears on the voter registration list. If the name appears on the voter registration list, the elector shall provide further identification or other information stated upon on the voter registration list. If the signature or an item of information does not correspond, the vote of the person individual must be challenged, and the same procedure must be followed as provided in this act for the challenging of an elector.
(3) If the elector does not have identification for election purposes as required under this section, the individual shall sign an affidavit to that effect before an election inspector. and An individual who signs an affidavit under this subsection must also present 1 document as proof of identity and 1 document as proof of state residency. If an individual who signs an affidavit provides a document as proof of identity and a document as proof of state residency as required under this subsection, that individual must be allowed to vote as otherwise provided in this act. If an individual who signs an affidavit is unable to provide a document as proof of identity and a document as proof of state residency as required under this subsection, that individual must be issued a provisional ballot that is not tabulated on election day but is secured for verification after the election. However, an elector being allowed to vote without identification for election purposes as required under this section is subject to challenge as provided in section 727.
(4) (3) If, upon on a comparison of the signature or other identification as required in this section, it is found that the applicant is entitled to vote, the election officer having charge of the registration list shall approve the application and write his or her the election officer's initials on the application, after which the number on the ballot issued must be noted on the application. The application serves as 1 of the 2 poll lists required to be kept as a record of a person an individual who has voted. The application must be filed with the township, city, or village clerk. If voter registration cards are used in the precinct, the date of the election must be noted by 1 of the election officials upon on the precinct registration card of each elector voting at an election. If voter registration lists are used in the precinct, the election official shall clearly indicate upon on the list each elector voting at that election. The clerk of a city, village, or township shall maintain a record of voting participation for each registered elector.
(5) As used in this section:
(a) "Document as proof of identity" means any of the following:
(i) Marriage license issued in the United States.
(ii) Divorce decree issued in the United States.
(iii) United States court order for a name change.
(iv) United States military discharge or separation document.
(v) Michigan driver education certificate.
(vi) Government issued adoption record.
(vii) A certified copy of a birth certificate.
(viii) A Consular Report of Birth Abroad.
(b) "Document as proof of state residency" means any of the following if the document includes an individual's name and home address:
(i) Utility bill or credit card bill issued within the last 90 days.
(ii) Account statement, including an electronic account statement, from a bank or other financial institution issued within the last 90 days.
(iii) Michigan high school, college, or university report card or transcript issued within the last 90 days.
(iv) A current mortgage, lease, or rental agreement. A lease or rental agreement must include the landlord's telephone number.
(v) Pay stub or earnings statement issued within the last 90 days that contains the name and home address of the employee.
(vi) Life, health, automobile, or home insurance policy issued within the last 90 days.
(vii) Michigan title and registration that shows the current residential address.
Sec. 523a. (1) If an individual who has applied to register to vote on or before election day appears at a polling place on election day and completes an application under section 523 is not listed on the voter registration list, the election inspector shall issue a ballot to the individual as follows:
(a) For an individual who presents a receipt issued by a department of state office, a designated voter registration agency, or the elector's county, city, or township clerk's office verifying the acceptance of a voter registration application and completes a new voter registration application, the election inspector shall allow the individual to vote a ballot in the same manner as an elector whose name is listed on the voter registration list.
(b) For an individual who does not present a receipt verifying the acceptance of a voter registration application under subdivision (a), the election inspector shall determine whether the individual is in the appropriate polling place based on residence information provided by the individual. The election inspector shall review any documents or maps in the polling place or communicate with the city or township clerk to verify the appropriate polling place for the individual. The election inspector shall direct an individual who is not in the appropriate polling place to the appropriate polling place. If the individual refuses to go to the appropriate polling place, the election inspector shall issue the individual a provisional ballot that is processed according to subsection (5).
(2) Except for an individual who produces a receipt under subsection (1)(a), the election inspector shall require an individual who is not listed on the voter registration list to execute a sworn statement affirming that the individual submitted a voter registration application on or before election day and is eligible to vote in the election. An individual who provides false information in a signed sworn statement under this subsection is guilty of perjury. An individual signing a sworn statement shall complete a new voter registration application. The individual shall state the approximate date and in what manner the registration application was submitted:
(a) To a department of state office.
(b) To a designated voter registration agency.
(c) To the office of his or her county, city, or township clerk.
(d) By a mailed application.
(3) The election inspector shall contact the city or township clerk to verify whether the individual who signed the sworn statement under subsection (2) is listed in the registration records of the jurisdiction or whether there is any information contrary to the content of the sworn statement.
(4) If the city or township clerk verifies the elector information and finds no information contrary to the information provided by the individual in the sworn statement and the individual presents identification for election purposes that contains a current residence address to establish his or her the individual's identity and residence address, the individual is permitted to vote a provisional ballot that is tabulated on election day in the same manner as an elector whose name is listed on the voter registration list, except that the election inspectors shall process the ballot as a challenged ballot under sections 745 and 746.
(5) If the election inspector is not able to contact the city or township clerk, the individual is not in the correct precinct, or the individual is unable to present identification for election purposes that contains a current residence address, or the individual signs an affidavit and is unable to provide a document as proof of identity and a document as proof of state residency, as those terms are defined in section 523, the individual must be issued a provisional ballot that is not tabulated on election day but is secured for verification after the election. A provisional ballot must also be issued under this subsection to a voter who presents identification for election purposes that does not bear the voter's current residence address, if the voter also presents a document to establish the voter's current residence address. The election inspector shall accept a document containing the name and current residence address of the voter as sufficient documentation to issue a provisional ballot if it is 1 of the following documents:
(a) A current utility bill.
(b) A current bank statement.
(c) A current paycheck, government check, or other government document.
(6) A provisional ballot must be placed in a provisional ballot return envelope prescribed by the secretary of state and delivered to the city or township clerk after the polls close in a manner as prescribed by the secretary of state.
(7) For a provisional ballot voted under subsection (4), the election inspector shall provide the voter with a notice that his or her the voter's ballot has been tabulated. For a provisional ballot voted under subsection (5), the election inspector shall provide the voter with a notice that the voter's information will be verified by the clerk of the jurisdiction within 6 days after the election to determine whether the ballot will be tabulated and, if the ballot is not tabulated, to determine the reason it was not tabulated. A clerk of a jurisdiction shall provide a free access system for the voter to determine whether the ballot was tabulated. The free access system may include a telephone number that does not require a toll charge, a toll-free telephone number, an internet website, or a mailed notice.
(8) As used in this section and sections 523, 813, and 829, "provisional ballot" means a special ballot utilized for an individual who is not listed on the voter registration list at the polling place that is tabulated only after verification of the individual's eligibility to vote.
Sec. 813. (1) Within 6 days after an election, for each provisional ballot that was placed in a provisional ballot return envelope, the city or township clerk shall determine whether the individual voting the provisional ballot was eligible to vote a ballot and whether to tabulate the provisional ballot. In making this determination, the city or township clerk shall not open the provisional ballot return envelope. A provisional ballot must only be tabulated if a valid voter registration record for the elector is located or, subject to this subsection, if the identity and residence of the elector is established using identification for election purposes, along with a current utility bill, bank statement, paycheck, government check, or other government document to establish the voter's current residence address if the identification for election purposes used by the elector does not contain the voter's current residence address. If an elector who was issued a provisional ballot that was not tabulated on election day because the elector signed an affidavit, but was not able to provide a document as proof of identity and a document as proof of state residency, as those terms are defined in section 523, that elector may establish the elector's identity and residence by providing a document as proof of identity and a document as proof of residency, as those terms are defined in section 523. Before the provisional ballot is tabulated, election officials shall process the ballot as a challenged ballot under sections 745 and 746.
(2) Within 7 days after an election, but sooner if practicable, the city or township clerk shall transmit the results of provisional ballots tabulated after the election to the board of county canvassers. The results must be transmitted in a form prescribed by the secretary of state.
(3) Within 7 days after an election, the city or township clerk shall transmit to the county clerk a provisional ballot report for each precinct in the jurisdiction. The report must include for each precinct the number of provisional ballots issued, the number of provisional ballots tabulated on election day, the number of provisional ballots forwarded to the clerk to be determined after the election, the number of provisional ballots tabulated by the clerk after election day, and any additional information concerning provisional ballots as required by the secretary of state.
(4) Within 7 days after an election, the city or township clerk shall transmit to the county clerk an affidavit report that includes the number of affidavits signed by voters under section 523(2). 523. The affidavit report must be transmitted to the county clerk in a form prescribed by the secretary of state.
(5) Within 7 days after an election, the city or township clerk shall ensure that the qualified voter file is current and includes any individual who registered to vote under section 497(3) and (4).
Sec. 829. (1) The board of county canvassers shall include the results of the tabulated provisional ballots in the canvass of the election following procedures prescribed by the secretary of state designed to maintain the secrecy of the ballot.
(2) Within 14 days after a primary or election, the county clerk shall transmit a county provisional ballot report to the secretary of state. The county provisional ballot report must be in a manner prescribed by the secretary of state. After the secretary of state receives a county provisional ballot report, the county provisional ballot report must be immediately available for public inspection.
(3) Within 14 days after an election, the county clerk shall transmit a county affidavit report to the secretary of state. The county affidavit report must include the number of affidavits signed by voters under section 523(2). 523. The county affidavit report must be transmitted in a form prescribed by the secretary of state. After the secretary of state receives the county affidavit report from the county clerk, the county affidavit report must immediately be available for public inspection.
(4) Within 14 days after an election, the secretary of state shall transmit to the house and senate committees dealing with elections a voter registration application report that includes the number of voter registration applications executed by applicants under section 497(3) and (4).
