Bill Text: MI HB4367 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Elections; absent voters; absent voter ballot; issue upon voter's request without requiring justification. Amends secs. 758, 759 & 759b of 1954 PA 116 (MCL 168.758 et seq.).

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2009-05-06 - Referred To Committee On Government Operations And Reform [HB4367 Detail]

Download: Michigan-2009-HB4367-Engrossed.html

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HB-4367, As Passed House, April 30, 2009

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4367

 

 

 

 

 

 

 

 

 

 

 

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 758, 759, and 759b (MCL 168.758, 168.759,

 

and 168.759b), section 758 as amended by 1996 PA 207 and section

 

759 as amended by 1995 PA 261.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 758. (1) For the purposes of As used in this act,

 

 2  "absent voter" means a qualified and registered elector who meets

 

 3  1 or more of the following requirements:

 

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

 

 5  another's assistance attend votes without attending the polls on

 

 6  the day of an election.

 

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

 

 8  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

 

 7  polls 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        (2) Subsection (1) does not apply to Absent voter does not

 

11  include a person who has moved outside of this state, regardless

 

12  of length of his or her residence outside of this state, and who

 

13  no longer maintains an actual residence in this state. The

 

14  storage of personal effects or household goods, the ownership of

 

15  property that is rented or leased to others, or occasional brief

 

16  visits to a former domicile in this state while residing outside

 

17  of this state for most of the year does do not constitute a

 

18  residence for voting purposes in this state, except for each of

 

19  the following:

 

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

 

21  state constitution of 1963 and statutes enacted under that

 

22  section.

 

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

 

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

 

25  primary election or special primary election, but not later than

 

26  2 p.m. of the Saturday immediately before the primary election or

 

27  special primary election, an elector who qualifies wants to vote

 

 1  as an absent voter , as defined in section 758, may apply for an

 

 2  absent voter ballot. The elector shall apply in person, or by

 

 3  mail, by facsimile, or by electronic mail with the clerk of the

 

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

 

 5  application received before a primary election or special primary

 

 6  election may be for either that primary election only, or for

 

 7  that primary election and the election that follows.

 

 8        (2) Except as otherwise provided in subsection (1), at any

 

 9  time during the 75 days before an election, but not later than 2

 

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

 

11  qualifies wants to vote as an absent voter , as defined in

 

12  section 758, may apply for an absent voter ballot. The elector

 

13  shall apply in person, or by mail, by facsimile, or by electronic

 

14  mail with the clerk of the township, city, or village in which

 

15  the voter is registered.

 

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

 

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

 

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

 

19  statutory grounds for making the application elector.

 

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

 

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

 

22        (c) On a federal postcard application.

 

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

 

24  application. A clerk or assistant clerk shall not deliver an

 

25  absent voter ballot to an applicant who does not sign the

 

26  application. A person other than shall not be in possession of a

 

27  signed absent voter ballot application except for the applicant;

 

 1  a member of the applicant's immediate family; a person residing

 

 2  in the applicant's household; a person whose job normally

 

 3  includes the handling of mail, but only during the course of his

 

 4  or her employment; a registered elector requested by the

 

 5  applicant to return the application; or a clerk, assistant of the

 

 6  clerk, or other authorized election official. shall not be in

 

 7  possession of a signed absent voter ballot application. A

 

 8  registered elector who is requested by the applicant to return

 

 9  his or her absent voter ballot application shall sign the

 

10  certificate on the absent voter ballot application.

 

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

 

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

 

13  office of the clerk at all times and shall furnish an absent

 

14  voter ballot application form to anyone upon a verbal or written

 

15  request. The absent voter ballot application shall be in

 

16  substantially the following form:

 

17        "Application for absent voter ballot for:

 

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

 

19  held on ..... , 19... __________________ [Date].

 

20        [  ] The election to be held on ..... , 19... ____________

 

21  [Date].

 

22        (Check applicable election or elections)

 

23        I, .................................. , a qualified and

 

24  registered elector of the ............ precinct of the township

 

25  of ............ or village of ............ or of the ............

 

26  ward of the city of .................................. , in the

 

27  county of .................................. and state of

 

 1  Michigan, apply for an official ballot, or ballots, to be voted

 

 2  by me at the election or elections as requested in this

 

 3  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

 

 7  day.

 

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

 

 9  assistance of another.

 

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

 

11  religion.

 

12        [  ] I have been appointed an election precinct inspector in

 

13  a precinct other than the precinct where I reside.

 

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

 

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

 

16  awaiting arraignment or trial.

 

17        (Check applicable reason)

 

 

18      Send absent voter ballot to me at:

19      ...........................................

20                 (Street No. or R.R.)

21      .............................................................

22          (Post Office)               (State)       (Zip code)

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

24                                     (Street No. or R.R.)

25                            .......................................

26                               (Post Office)   (State)  (Zip code)

27      Date.........................................................

28      I declare certify that the statements in this absent voter

29      ballot application are true.

1                             .......................................

2                                           (Signature)

3                                WARNING

 

 

 4        A person making a false statement in this absent voter

 

 5  ballot application is guilty of a misdemeanor. It is a violation

 

 6  of Michigan election law for a person other than those listed in

 

 7  the instructions to return, offer to return, agree to return, or

 

 8  solicit to return your absent voter ballot application to the

 

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

 

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

 

11  office of the clerk must have credentials signed by the clerk.

 

12  Ask to see his or her credentials before entrusting your

 

13  application with a person claiming to have the clerk's

 

14  authorization to return your application.

 

 

15                Certificate of Authorized Registered

16                   Elector Returning Absent Voter

17                        Ballot Application

 

 

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

 

19  is .................... , and my date of birth is ............ ;

 

20  that I am delivering the absent voter ballot application of

 

21  .................... at his or her request; that I did not

 

22  solicit or request to return the application; that I have not

 

23  made any markings on the application; that I have not altered the

 

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

 

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

 

 1  a violation of Michigan election law.

 

 

2     _____________             __________________________________

3           (Date)                          (Signature)"

 

 

 4        (6) The following instructions for an applicant for an

 

 5  absent voter ballot shall be included with each application

 

 6  furnished an applicant:

 

 

7         INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

 

 8        Step 1. After completely filling out the application, sign

 

 9  and date the application in the place designated. Your signature

 

10  must appear on the application or you will not receive an absent

 

11  voter ballot.

 

12        Step 2. Deliver the application by 1 of the following

 

13  methods:

 

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

 

15  appropriate clerk and place the necessary postage upon the return

 

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

 

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

 

18  or common carrier.

 

19        (b) Deliver the application personally to the office of the

 

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

 

21        (c) Send by facsimile the application to the appropriate

 

22  clerk.

 

23        (d) Scan and send by electronic mail the application to the

 

24  appropriate clerk.

 

25        (e) (c) In either (a), or (b), (c), or (d), a member of the

 

 1  immediate family of the voter including a father-in-law, mother-

 

 2  in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-

 

 3  law, grandparent, or grandchild or a person residing in the

 

 4  voter's household may mail, or deliver, send by facsimile, or

 

 5  scan and send by electronic mail the application to the clerk for

 

 6  the applicant.

 

 7        (f) (d) In the event If an applicant cannot return the

 

 8  application in any of the above methods, the applicant may select

 

 9  any registered elector to return the application. The person

 

10  returning the application must sign and return the certificate at

 

11  the bottom of the application.

 

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

 

13  applications shall print on the application the warning,

 

14  certificate of authorized registered elector returning absent

 

15  voter ballot application, and instructions required by this

 

16  section.

 

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

 

18  ballot application is guilty of a misdemeanor. A person who

 

19  forges a signature on an absent voter ballot application is

 

20  guilty of a felony. A person who is not authorized in this act

 

21  and who both distributes absent voter ballot applications to

 

22  absent voters and returns those absent voter ballot applications

 

23  to a clerk or assistant of the clerk is guilty of a misdemeanor.

 

24        Sec. 759b. (1) Any A registered elector may apply for an

 

25  absent voter ballots ballot at any time prior to before 4 p.m. on

 

26  election day if he shall have become physically disabled or shall

 

27  be absent from the city or township because of sickness or death

 

 1  in the family which an event has occurred at a time which has

 

 2  that made it impossible to apply for an absent voter ballots

 

 3  ballot by the statutory deadline. The application shall be called

 

 4  an emergency absent voter ballot application.

 

 5        (2) Emergency absent voter ballot applications may be made

 

 6  by letter or on a form prescribed by the secretary of state and

 

 7  provided by the clerk. The application shall set forth that the

 

 8  voter is qualified to vote in the election , stating the

 

 9  statutory reason for applying for an emergency absent voter

 

10  ballot and that the reason for applying after the statutory

 

11  deadline an event occurred at such a time to make it impossible

 

12  to file an application for an absent voter ballots ballot by the

 

13  statutory deadline.

 

14        (3) Any A person intentionally making a false statement in

 

15  such an emergency absent voter ballot application is guilty of a

 

16  felony. Any A person aiding or abetting any another person to

 

17  make a false statement on such in an emergency absent voter

 

18  ballot application is guilty of a felony.

 

19        (4) Upon receipt by the clerk of a valid application for an

 

20  emergency absent voter ballot, the clerk may deliver the ballots

 

21  absent voter ballot to the applicant in person, through a deputy

 

22  or an election assistant, or he may deliver them at his or her

 

23  office to a person named by the applicant in the emergency absent

 

24  voter ballot application. The absent voter may return the ballots

 

25  absent voter ballot to the clerk in the sealed envelope provided

 

26  therefor in any manner. he sees fit. To However, to be valid,

 

27  ballots must be returned the absent voter shall return the absent

 

 1  voter ballot to the clerk in the sealed envelope provided for

 

 2  that reason and in time to be delivered to the polls prior to

 

 3  before 8 p.m. on election day.