SB-0754, As Passed Senate, June 13, 2012

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 754

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 509v (MCL 168.509v), as added by 1994 PA 441,

 

and by adding section 497c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 497c. (1) Beginning on the effective date of the

 

amendatory act that added this section, a person who applies in

 

person to register to vote at a department of state office, a

 

designated voter registration agency, the office of a county clerk,

 

or the office of the clerk of the city or township in which the

 

applicant resides shall identify himself or herself by presenting

 

an official state identification card issued to that person under

 

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

 


Senate Bill No. 754 as amended February 14, 2012

 

license issued to that person under the Michigan vehicle code, 1949

 

PA 300, MCL 257.1 to 257.923, or other generally recognized picture

 

identification card.

     (2) <<Except as otherwise provided in this subsection,>> If a

person who applies in person to register to vote as

provided in subsection (1) does not present an official state

 

identification card, an operator's or chauffeur's license, or other

 

generally recognized picture identification card as required under

 

subsection (1), that person's voter registration application shall

 

be considered a mail registration application. <<If a person applies in

person to register to vote at a department of state office as part of an

operator's or chauffeur's license transaction under section 307 of the

Michigan vehicle code, 1949 PA 300, MCL 257.307, or an official state

identification card transaction under section 1 of 1972 PA 222, MCL

28.291, and the person presents a birth certificate and at least 1 other

approved document to verify the identity of the person as provided under

section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, or

section 1 of the 1972 PA 222, MCL 28.291, that person's voter

registration application shall not be considered a mail registration

application.>>

     Sec. 509v. (1) A person who is not registered to vote at the

 

address where he or she resides may apply to register to vote by

 

submitting an application at any of the following locations:

 

     (a) The office of the clerk of a county or the office of the

 

clerk of the city or township in which the applicant resides,

 

during regular office hours of that clerk.

 

     (b) A department of state office.

 

     (c) A designated voter registration agency when submitting an

 

application, recertification, renewal, or change of address at the

 

voter registration agency.

 

     (2) A person who is not registered to vote at the address

 

where he or she resides may apply for registration by submitting a

 

completed mail registration application. A person may request a

 

mail registration application from and submit the application to

 

any of the following:

     (a) The secretary of state.

     (b) The clerk of the county, city, or township in which the

applicant resides.


Senate Bill No. 754 (S-2)as amended June 12, 2012

     (c) A designated voter registration agency.

 

     (d) A third-party voter registration organization.

 

     (3) [Beginning 30 days after the date the department of state makes

registration forms available to third-party voter registration organizations and before] engaging in any voter registration activities,

 a

 

third-party voter registration organization shall register with the

 

department of state[ ] on a form prescribed by the department of

 

[state. The department of state shall make the registration form for

third-party voter registration organizations available within 7 days of the amendatory act that added this subsection. a third-party voter registration organization] shall provide to the department of state all of the

 

following information:

 

     (a) The name and permanent address of the third-party voter

 

registration organization.

 

     (b) The name of each officer of the third-party voter

 

registration organization.

 

     (c) The name and address of the third-party voter registration

 

organization's registered agent in this state.

 

     (4) If any of the information provided to the department of

 

state under subsection (3) changes, the third-party voter

 

registration organization shall promptly provide that updated

 

information to the department of state.

 

     (5) The department of state shall maintain a database

 

containing the name and address of each third-party voter

 

registration organization that is registered with this state.

 

     (6) The secretary of state shall develop a voter registration

 

training program for third-party voter registration organizations

that teaches the proper procedure for taking a voter registration

application. The secretary of state shall provide training to

third-party voter registration organizations that is consistent

with the voter registration training program, or a county clerk[,

or a city, township, or village clerk in a city, township, or village with a population of 10,000 or more,] may

 

provide training to third-party voter registration organizations

 


Senate Bill No. 754 (S-2) as amended June 12, 2012

that is consistent with the voter registration training program.

 

     (7) Each third-party voter registration organization shall

 

designate [AT LEAST] 1 person to participate in the state's voter

registration

 

training program as provided in subsection (6). [The person or persons

 

designated by the third-party voter registration organization to receive

 

training under this section shall ensure that training is provided] to

the

 

registration agents of that third-party voter registration

 

organization before the registration agents conduct voter

 

registration activities in this state.

 

     (8) Each registration agent employed by or volunteering for a

 

third-party voter registration organization shall sign a statement,

 

as prescribed by the department of state, that certifies that the

 

registration agent will comply with all state laws and rules

 

concerning the registration of electors. The statement shall

 

include all of the following:

 

     (a) A provision indicating that the registration agent has

 

received voter registration training as provided in this section.

 

     (b) A notice of applicable penalties for false registration of

 

electors under this act.

 

     (9) A third-party voter registration organization shall keep

 

the signed statements, as provided under subsection (8), on file

 

for not less than 2 years. The signed statements shall be made

 

available to the department of state upon request.

 

     (10) Subject to subsection (11), a third-party voter

 

registration organization [hAS A RESPONSIBILITY] to the voter

 

registration applicant, ensuring that the applicant's voter

 

registration application is promptly delivered to the clerk of the

 


Senate Bill No. 754 (S-2) as amended June 12, 2012

county, city, or township where the applicant resides within 15

 

days after the third-party voter registration organization receives

 

the application.

 

     (11) If a voter registration application is received by a

 

third-party voter registration organization within 7 days before

 

the close of registration for a federal election, the third-party

 

voter registration organization shall transmit that application to

 

the clerk of the county, city, or township where the applicant

 

resides within [2 business days after receiving the application, but not

later than the close of registration.]                                            

 

     (12) If a third-party voter registration organization wants to

 

withdraw as a registered third-party voter registration

 

organization, the third-party voter registration organization shall

 

submit a withdrawal form, as prescribed by the department of state,

 

with the department of state.

 

     (13) As used in this section[:

     (a) "Registration agent" means an employee or volunteer of a third-party voter registration organization who is engaged in registration transactions with voter registration applicants.

     (b) "Third-party voter registration organization" means.

                   ] an organization that [has 2 or more individuals

 

 distributing and collecting voter registration applications] for

 

delivery to the clerk of the county, city, or township where the

 

applicant resides. A third-party voter registration organization

 

does not include any of the following:

 

     (a) The secretary of state.

 

     (b) A county, city, township, or village clerk or assistant

 

clerk.

 

     (c) A designated voter registration agency as defined in

 

section 509m.

 

     (d) A person who registers voters or who collects voter

 

registration applications as an employee or agent of the secretary


Senate Bill No. 754 as amended February 14, 2012

                    as amended June 12, 2012

 

of state, a county, city, township, or village clerk, or a

 

designated voter registration agency.

     <<[Enacting section 1. This amendatory act takes effect on July 1, 2012.]>>