HOUSE BILL NO. 5032

September 25, 2019, Introduced by Rep. Bollin and referred to the Committee on Elections and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 658, 659, and 661 (MCL 168.658, 168.659, and 168.661), sections 658 and 661 as amended by 2012 PA 270 and section 659 as amended by 2014 PA 94, and by adding section 759e.

the people of the state of michigan enact:

Sec. 658. When If a city, ward, township, or village is divided into 2 or more election precincts, pursuant to law, and it appears from an examination of the precinct registration records that there are not more than 2,999 5,000 active registered electors in the city, ward, township, or village, using voting machines, the election commission, or other officials charged with the performance of the duty by the charter of a city or village, by resolution, may abolish the division or divisions and after that time the city, ward, township, or village shall constitute constitutes a single election precinct as if a division had not been made. A consolidation shall must not be made later than the 120 days before a primary or election.

Sec. 659. (1) If a county, city, ward, township, village, metropolitan district, or school district is divided into 2 or more election precincts, the county, city, ward, township, or village election commissioners may, by resolution, consolidate the election precincts for a particular election that is not a general November election. , primary election immediately before a general November election, or other statewide or federal election. In making the determination to consolidate election precincts for a particular election, the election commission shall take into consideration the number of choices the voter elector must make, the percentage of registered voters electors who voted at the last similar election in the jurisdiction, and the intensity of the interest of the electors in the jurisdiction concerning the candidates and proposals to be voted upon. Consolidated precincts shall must not exceed 5,000 active registered electors.

(2) A consolidation under this section shall must be made not less than 60 days before a primary, general, or special election.

(3) Unless the polling places for the election precincts to be consolidated are located in the same building, when if a county, city, ward, township, or village consolidates election precincts for a particular election under subsection (1), the election commissioners or other designated election officials shall do both of the following:

(a) Provide notice to the registered electors of the affected election precincts of the consolidation of election precincts for the particular election and the location of the polling place for the election precinct or precincts for that election. Notice may be provided by mail or other method designed to provide actual notice to the registered electors.

(b) Post a written notice at each election precinct polling place stating the location of the consolidated election precinct polling place.

(4) If a county, city, ward, township, or village consolidates election precincts under this section, each affected election precinct shall must be treated as a whole unit and shall must not be divided during the consolidation.

Sec. 661. (1) When If the voter registration in a precinct using voting machines is 1,000 or less, there shall must be not less than 1 voting machine for each 500 active registered electors at the general November election and at the primary immediately preceding that election. When If the voter registration in a precinct using voting machines is more than 1,000 and less than 3,000, there shall must be at least 1 voting machine for each 600 active registered electors at the general November election and at the primary immediately preceding that election. At other primaries and elections, the number of voting machines shall be is at the discretion of the local election commission. In making this determination, the local election commission shall take into consideration the number of choices the voter elector must make, the percentage of registered voters electors who voted at the last similar election in the jurisdiction, and the intensity of the interest of the electors in the jurisdiction concerning the candidates and proposals to be voted upon. When If the voter registration in a precinct using voting machines exceeds 2,999, 5,000, the precinct shall must be divided or rearranged.

(2) Except as provided in subsection (3), city and township election commissions shall divide precincts according to law, not later than 210 days before the primary next preceding the general November election, and shall immediately notify the county clerk of the number of registered voters electors in each precinct in the city or township. The county clerk shall notify the secretary of state not later than 200 days before the primary of a precinct in the clerk's county which that has not been divided according to law, and the secretary of state shall proceed to make divisions as are necessary at the expense of the city or township involved, not later than 180 days before the primary next preceding the general November election. If the election commission of a city, village, or township using voting machines decides to use paper ballots for a primary or election, the preceding limitations shall continue for that election. A division of precincts shall must be made effective not later than 180 days before the primary election next preceding the general November election.

(3) In the second year following each federal decennial census, precincts shall must be divided pursuant to this subsection. City and township election commissions shall divide precincts , not later than 120 days before the primary election next preceding the general November election in order that a precinct, as far as is practical, is not split between districts and does not exceed 2,999 5,000 registered voters, electors, and shall immediately notify the county clerk of the number of registered voters electors in each precinct in each city or township. The county clerk shall notify the secretary of state not later than 110 days before the primary of any precincts in the county which that have not been divided, and the secretary of state shall proceed to make the divisions as are necessary, at the expense of the city or township involved, not later than 90 days before the primary election next preceding the general November election. The division of precincts shall must be made effective not later than 90 days before the primary election. The secretary of state may authorize, upon written request by a city or township election commission, a later division of a precinct which that contains portions of more than 1 elective district. All precinct divisions shall must be completed not later than 90 days before the primary election next preceding the general November election. In determining the number of registered voters electors for a precinct under this subsection, a city or township election commission or the secretary of state, as applicable, may use either of the following:

(a) Only the active registered voters electors for that city or township.

(b) Both the active registered voters electors for that city or township and the voters electors in the inactive voter file for that city or township.

Sec. 759e. (1) Each city or township clerk shall maintain a permanent absent voter list.

(2) A qualified and registered elector may request to be placed on the permanent absent voter list of the city or township in which the elector is registered to vote. A request by an elector under this subsection must be made to the city or township clerk in person or by telephone, facsimile communication, electronic mail, or first-class mail.

(3) The request of each registered and qualified elector to be placed on the permanent absent voter list must be entered in the qualified voter file in the same manner as data are entered for a new elector.

(4) The county, city, or township clerk responsible for issuing absent voter ballots for an election shall send to each elector on the permanent absent voter list an application for an absent voter ballot for the election.

(5) A qualified and registered elector may request to be removed from the permanent absent voter list of the city or township. A request by an elector under this subsection must be made to the city or township clerk in person or by telephone, facsimile communication, electronic mail, or first-class mail.

(6) If an elector is on a permanent absent voter list and the elector changes his or her residence, the elector's request to be on a permanent absent voter list automatically continues and the elector must be listed on the permanent absent voter list of the city or township in which the elector is registered to vote.