Senate Introduced Bill 307























SENATE BILL NO. 307


   February 16, 1999, Introduced by Senator JAYE and referred to 
        the Committee on Government Operations.



        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and

   168.492), section 492 as amended by 1989 PA 142.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 10.  The term "qualified elector", as used in this act,

 2     shall be construed to mean  MEANS any person who
             possesses the

 3    qualifications of an elector as prescribed in section 1 of arti-

 4    cle  2  II of the state constitution OF 1963 and
             who has EITHER

 5    resided in the city or township 30 days OR, FOR AN ELECTION, SPE-

 6    CIAL ELECTION, OR PRIMARY ELECTION ON A REAL PROPERTY TAX ISSUE

 7    OR A LOCAL PROPOSAL OR LOCAL QUESTION THAT AFFECTS REAL PROPERTY

 8    ONLY, WHO OWNS, AND HAS PAID ALL ASSESSED AD VALOREM PROPERTY

 9    TAXES ON, REAL PROPERTY LOCATED IN THE POLITICAL SUBDIVISION TO

10    BE AFFECTED BY THE RESULT OF THAT ELECTION.


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 1         Sec. 11.  (1) "Residence", as used in this act, for

 2    registration and voting purposes means that place at which a

 3    person habitually sleeps, keeps his or her personal effects, and

 4    has a regular place of lodging.  If a person has more than 1 res-

 5    idence, or if a  wife  PERSON has a residence
             separate from that

 6    of  the husband  HIS OR HER SPOUSE, that place at
             which the

 7    person resides the greater part of the time shall be his or her

 8    official residence for the purposes of this act.  This section

 9     shall not be construed to  DOES NOT affect
             existing judicial

10    interpretation of the term residence.

11         (2) An elector  shall not be deemed to have gained or
             lost 

12    DOES NOT GAIN OR LOSE a residence  by reason of being
              WHILE

13    employed in the service of the United States or of this state,

14    while engaged in the navigation of the waters of this state,
              or 

15    of the United States, or of the high seas, while a student at an

16    institution of learning, while kept at any state facility or hos-

17    pital at public expense, or while confined in a jail or prison.

18    Honorably discharged members of the armed forces of the United

19    States or of this state  and  who reside in the
             veterans' facil-

20    ity established by this state may acquire a residence where the

21    facility is located.  The residence of a person who is a patient

22    receiving treatment at a hospital or other facility pursuant to

23     Act No. 258 of the Public Acts of 1974, as amended, being
             sec-

24     tions 330.1001 to 330.2106 of the Michigan Compiled Laws
                        THE

25    MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106, is the

26    village, city, or township where the person resided immediately

27    before admission to the hospital or other facility.



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                                   3

 1         (3) A member of the armed forces of the United States

 2     shall  IS not  be deemed  a
             resident of this state in conse-

 3    quence of being stationed in a military or naval  place
              FACILITY

 4    within  the  THIS state.

 5         (4) FOR PURPOSES OF REGISTERING TO VOTE AND VOTING AT AN

 6    ELECTION, SPECIAL ELECTION, OR PRIMARY ELECTION ON A REAL PROP-

 7    ERTY TAX ISSUE OR A LOCAL PROPOSAL OR LOCAL QUESTION THAT AFFECTS

 8    REAL PROPERTY ONLY, A PERSON IS CONSIDERED A RESIDENT OF ANY

 9    POLITICAL SUBDIVISION TO BE AFFECTED BY THE RESULT OF THAT ELEC-

10    TION IN WHICH THAT PERSON OWNS, AND HAS PAID ALL ASSESSED AD

11    VALOREM PROPERTY TAXES ON, REAL PROPERTY.

12         Sec. 492.  Every person who has the following qualifications

13    of an elector, or who will have those qualifications at the next

14    election or primary election,  shall be  IS
             entitled to  be

15     registered  REGISTER as an elector in the township,
                       city, or vil-

16    lage in which he or she resides.  The person shall be a citizen

17    of the United States; not less than 18 years of age; a resident

18    of the state for not less than 30 days; and a resident of the

19    township, city, or village on or before the thirtieth day before

20    the next regular or special election or primary election.  FOR

21    PURPOSES OF REGISTERING TO VOTE AND VOTING AT AN ELECTION, SPE-

22    CIAL ELECTION, OR PRIMARY ELECTION ON A REAL PROPERTY TAX ISSUE

23    OR A LOCAL PROPOSAL OR LOCAL QUESTION THAT AFFECTS REAL PROPERTY

24    ONLY, A PERSON IS CONSIDERED A RESIDENT OF ANY POLITICAL SUBDIVI-

25    SION TO BE AFFECTED BY THE RESULT OF THAT ELECTION IN WHICH THAT

26    PERSON OWNS, AND HAS PAID ALL ASSESSED AD VALOREM PROPERTY TAXES

27    ON, REAL PROPERTY.



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                                   4

 1         Enacting section 1.  This amendatory act does not take

 2    effect unless Senate Joint Resolution ______ or House Joint

 3    Resolution ______ (request no. 01528'99) of the 90th Legislature

 4    becomes a part of the state constitution of 1963 as provided in

 5    section 1 of article XII of the state constitution of 1963.














































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