HOUSE BILL No. 4353 February 27, 2001, Introduced by Reps. Rivet, Spade, Kolb, Switalski, Callahan, Bovin, Dennis, Woodward, Gieleghem, McConico, Julian, Neumann, Schauer, Rich Brown, Sheltrown, Phillips, Adamini, Lipsey, Whitmer, Murphy, Minore, Thomas and Lemmons and referred to the Committee on Redistricting and Elections. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 726 (MCL 168.726) and by adding sections 750a and 750b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 726.No ballotsA BALLOT shall NOT be delivered to 2 an elector byanyA person other than 1 of the inspectors of 3 election and only within the polling place, except as provided in 4 this act for absentvoters'VOTER ballots AND ELECTION BY MAIL 5 BALLOTS. 6 SEC. 750A. (1) BEGINNING JANUARY 1, 2002 AND THROUGH 7 DECEMBER 31, 2005, THE SECRETARY OF STATE IN COOPERATION WITH 8 LOCAL UNITS OF GOVERNMENT SHALL ESTABLISH A PILOT PROJECT TO TEST 9 VOTE BY MAIL IN AT LEAST 6 BUT NOT MORE THAN 8 PILOT 10 JURISDICTIONS. THE SECRETARY OF STATE SHALL NAME AN EVEN NUMBER 00873'01 CAS 2 1 OF PILOT JURISDICTIONS THAT VARY IN SIZE OF POPULATION. ONE-HALF 2 OF THE PILOT JURISDICTIONS SHALL BE JURISDICTIONS IN WHICH A 3 MAJORITY OF THE VOTERS WHO CAST BALLOTS FOR PRESIDENT IN THE 2000 4 GENERAL ELECTION VOTED FOR THE REPUBLICAN PARTY CANDIDATE AND THE 5 OTHER 1/2 SHALL BE JURISDICTIONS IN WHICH THE MAJORITY OF SUCH 6 VOTERS VOTED FOR THE DEMOCRATIC PARTY CANDIDATE. THE SECRETARY 7 OF STATE SHALL IMPLEMENT VOTE BY MAIL IN THE PILOT JURISDICTIONS 8 IN ELECTIONS AT WHICH ONLY A SINGLE QUESTION IS PLACED BEFORE THE 9 VOTERS. THE SECRETARY OF STATE AND A PILOT JURISDICTION THAT 10 CONDUCTS AN ELECTION BY MAIL UNDER THIS SUBSECTION SHALL COMPLY 11 WITH THIS SECTION AND SECTION 750B. THE SECRETARY OF STATE SHALL 12 REPORT TO THE HOUSE AND SENATE COMMITTEES THAT CONSIDER ELECTION 13 ISSUES THE RESULTS OF THE PILOT PROJECT ON OR BEFORE JANUARY 15, 14 2006. THE SECRETARY OF STATE SHALL INCLUDE ALL OF THE FOLLOWING 15 IN THE REPORT: 16 (A) THE COST OF HOLDING THE LOCAL ELECTION BY MAIL. 17 (B) THE LEVEL OF VOTER PARTICIPATION IN THAT LOCAL ELECTION 18 BY MAIL. 19 (C) ANY OTHER INFORMATION THE SECRETARY OF STATE CONSIDERS 20 RELEVANT. 21 (2) ON AND AFTER JANUARY 1, 2006, THE GOVERNING BODY OF A 22 CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT MAY REQUIRE THAT A 23 LOCAL ELECTION TO BE HELD ONLY IN THAT CITY, TOWNSHIP, VILLAGE, 24 OR SCHOOL DISTRICT BE CONDUCTED AS AN ELECTION BY MAIL. THE GOV- 25 ERNING BODY SHALL PROMPTLY NOTIFY THE CITY, TOWNSHIP, OR VILLAGE 26 CLERK OR THE SECRETARY OF THE SCHOOL DISTRICT OF THE DECISION TO 27 CONDUCT A LOCAL ELECTION AS AN ELECTION BY MAIL. A CITY, 00873'01 3 1 TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF A SCHOOL DISTRICT 2 SHALL CONDUCT THE LOCAL ELECTION BY MAIL IN THE CITY, TOWNSHIP, 3 VILLAGE, OR SCHOOL DISTRICT SUBJECT TO THIS SECTION AND SECTION 4 750B, UPON RECEIPT OF THE NOTICE FROM THE GOVERNING BODY AS 5 DESCRIBED IN THIS SECTION. IF A LOCAL ELECTION IS SCHEDULED IN A 6 DISTRICT THAT COMPRISES MORE THAN 1 LOCAL UNIT OF GOVERNMENT, THE 7 ELECTION SHALL NOT BE HELD BY MAIL UNLESS ALL PARTICIPATING UNITS 8 DECIDE TO CONDUCT THE ELECTION BY MAIL NO LATER THAN 60 DAYS 9 BEFORE THE DATE OF THE ELECTION. 10 (3) THE SECRETARY OF STATE SHALL COOPERATE WITH A LOCAL UNIT 11 OF GOVERNMENT THAT CONDUCTS A LOCAL ELECTION BY MAIL UNDER THIS 12 SECTION. WHENEVER POSSIBLE, THE SECRETARY OF STATE SHALL ASSIST 13 A LOCAL UNIT OF GOVERNMENT IN CONDUCTING THE LOCAL ELECTION BY 14 MAIL. 15 (4) ON AND AFTER JANUARY 1, 2006, THE SECRETARY OF STATE MAY 16 CONDUCT EACH OF THE FOLLOWING ELECTIONS AS AN ELECTION BY MAIL: 17 (A) THE AUGUST PRIMARY HELD UNDER SECTION 534. 18 (B) THE GENERAL NOVEMBER ELECTION. 19 (C) AN ELECTION IN WHICH A CANDIDATE FOR STATE OR FEDERAL 20 OFFICE OR FOR THE OFFICE OF SUPREME COURT JUSTICE OR JUDGE OF THE 21 COURT OF APPEALS IS NOMINATED OR ELECTED. 22 (D) A STATEWIDE SPECIAL ELECTION. 23 (5) THE SECRETARY OF STATE SHALL PROMULGATE RULES UNDER THIS 24 ACT TO PROVIDE PROCEDURES FOR CONDUCTING AN ELECTION BY MAIL. 25 (6) AS USED IN THIS SECTION, "LOCAL ELECTION" INCLUDES ANY 26 ELECTION CONDUCTED IN A LOCAL UNIT OF GOVERNMENT OTHER THAN AN 27 ELECTION DESCRIBED IN SUBSECTION (4). 00873'01 4 1 SEC. 750B. (1) A CITY, TOWNSHIP, OR VILLAGE CLERK OR A 2 SECRETARY OF A SCHOOL DISTRICT THAT CONDUCTS AN ELECTION BY MAIL 3 UNDER SECTION 750A SHALL CONDUCT THE ELECTION BY MAIL AS PROVIDED 4 IN THIS SECTION. 5 (2) THE BOARD OF ELECTION COMMISSIONERS, CLERK, OR SECRETARY 6 SHALL DESIGNATE 1 OR MORE PLACES OF DEPOSIT IN THE CITY, TOWN- 7 SHIP, VILLAGE, OR SCHOOL DISTRICT FOR VOTERS TO RETURN VOTED BAL- 8 LOTS FOR THE ELECTION BY MAIL. THE BOARD, CLERK, OR SECRETARY 9 SHALL PROVIDE THAT THE PLACES DESIGNATED FOR THE DEPOSIT OF VOTED 10 BALLOTS IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT BE 11 OPEN ON THE DATE OF THE ELECTION BEGINNING AT 7 A.M. AND ENDING 12 AT 8 P.M. THE BOARD, CLERK, OR SECRETARY SHALL PROVIDE FOR THE 13 SECURITY OF THE BALLOTS AT THE PLACES DESIGNATED FOR THE DEPOSIT 14 OF VOTED BALLOTS UNDER THIS SECTION. 15 (3) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF 16 A SCHOOL DISTRICT SHALL SEND BY NONFORWARDABLE MAIL AN OFFICIAL 17 BALLOT WITH A PREADDRESSED, RETURN IDENTIFICATION ENVELOPE, A 18 SECRECY ENVELOPE, AND INSTRUCTIONS TO EACH VOTER WHO IS REGIS- 19 TERED IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT AS OF 20 THE THIRTIETH DAY BEFORE THE DATE OF THE ELECTION BY MAIL. 21 EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION AND SUBSECTION 22 (8), THE CLERK OR SECRETARY SHALL MAIL THE OFFICIAL BALLOTS AND 23 ENVELOPES DURING THE PERIOD BEGINNING ON THE TWENTIETH DAY BEFORE 24 THE DATE OF THE ELECTION BY MAIL AND ENDING ON THE FOURTEENTH DAY 25 BEFORE THE DATE OF THE ELECTION BY MAIL. FOR A STATEWIDE ELEC- 26 TION BY MAIL, THE SECRETARY OF STATE SHALL PRESCRIBE IN RULES 27 PROMULGATED UNDER SECTION 750A THE DATE ON WHICH THE OFFICIAL 00873'01 5 1 BALLOTS AND ENVELOPES FOR THE STATEWIDE ELECTION BY MAIL ARE TO 2 BE MAILED BY A CLERK OR SECRETARY UNDER THIS SUBSECTION. 3 HOWEVER, THE SECRETARY OF STATE SHALL PROVIDE IN THOSE RULES THAT 4 ALL BALLOTS SHALL BE MAILED BY THE FOURTEENTH DAY BEFORE THE DATE 5 OF THE ELECTION BY MAIL. NOTWITHSTANDING ANY OTHER PROVISION OF 6 THIS SECTION OR SECTION 750A TO THE CONTRARY, A CLERK SHALL 7 HANDLE THE OFFICIAL BALLOTS AND ENVELOPES IN THE MANNER PRE- 8 SCRIBED IN SECTION 759A FOR A VOTER WHO MEETS THE REQUIREMENTS OF 9 THAT SECTION. 10 (4) THE CLERK OR SECRETARY SHALL INCLUDE WITH AN OFFICIAL 11 BALLOT SENT UNDER SUBSECTION (3) OR A REPLACEMENT BALLOT UNDER 12 SUBSECTION (5) ALL APPLICABLE INSTRUCTIONS AND WARNINGS REQUIRED 13 FOR ABSENT VOTER BALLOTS UNDER SECTION 764A. FOR A PRIMARY ELEC- 14 TION, THE ELECTION BY MAIL BALLOT SHALL CONTAIN A SECTION FOR THE 15 SELECTION OF CANDIDATES FROM EACH POLITICAL PARTY THAT IS PARTIC- 16 IPATING IN THE PRIMARY ELECTION. THE INSTRUCTIONS ACCOMPANYING 17 THE PRIMARY ELECTION BY MAIL BALLOTS SHALL STATE CLEARLY THAT THE 18 VOTER MAY VOTE FOR THE APPROPRIATE NUMBER OF CANDIDATES OF 1 19 PARTY ONLY AND THAT A PRIMARY BALLOT ON WHICH CANDIDATES FROM 20 MORE THAN 1 PARTY ARE SELECTED WILL NOT BE COUNTED. 21 (5) A VOTER MAY OBTAIN A REPLACEMENT ELECTION BY MAIL BALLOT 22 IF THE ORIGINAL BALLOT IS DESTROYED, SPOILED, LOST, OR NOT 23 RECEIVED BY THE VOTER. A VOTER WHO SEEKS A REPLACEMENT BALLOT 24 SHALL SIGN A SWORN STATEMENT THAT THE BALLOT WAS DESTROYED, 25 SPOILED, LOST, OR NOT RECEIVED BY THE VOTER TO THE APPROPRIATE 26 CLERK OR SECRETARY BEFORE THE END OF THE PERIOD DETERMINED UNDER 27 SUBSECTION (2). THE CLERK OR SECRETARY SHALL KEEP A RECORD OF 00873'01 6 1 EACH REPLACEMENT ELECTION BY MAIL BALLOT PROVIDED UNDER THIS 2 SUBSECTION. IF AN ORIGINAL BALLOT IS RETURNED TO THE CLERK OR 3 SECRETARY AND A REPLACEMENT IS SOUGHT BY THAT VOTER WHO RECEIVED 4 THE ORIGINAL BALLOT, THE CLERK SHALL MARK THE ORIGINAL BALLOT 5 "CANCELED" AND PLACE IT IN THE REGULAR BOX WITH OTHER CANCELED 6 BALLOTS. THE BOARD, CLERK, OR SECRETARY SHALL DESIGNATE THE 7 CLERK'S OR SECRETARY'S OFFICE OR A CENTRAL LOCATION IN THE CITY, 8 TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT IN WHICH THE ELECTION IS 9 HELD AS THE SINGLE PLACE TO OBTAIN A REPLACEMENT ELECTION BY MAIL 10 BALLOT UNDER THIS SUBSECTION. A CLERK OR SECRETARY MAY MAIL 11 REPLACEMENT BALLOTS 5 DAYS OR MORE BEFORE THE DATE OF THE ELEC- 12 TION BY MAIL. THE CLERK OR SECRETARY MAY ISSUE TO A REGISTERED 13 VOTER A REPLACEMENT BALLOT UP UNTIL AND INCLUDING THE DATE OF THE 14 ELECTION BY MAIL. 15 (6) FOR AN ELECTOR WHO HAS APPLIED TO REGISTER TO VOTE ON OR 16 BEFORE THE CLOSE OF REGISTRATION AND IS NOT LISTED IN THE REGIS- 17 TRATION RECORDS OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DIS- 18 TRICT, THE CLERK OR SECRETARY SHALL PROCEED AS PRESCRIBED IN SEC- 19 TION 509Y. IF THE ELECTOR MEETS THE REQUIREMENTS OF SECTION 20 509Y, THE CLERK OR SECRETARY SHALL MAKE THE OFFICIAL BALLOT, THE 21 RETURN IDENTIFICATION ENVELOPE, THE SECRECY ENVELOPE, AND 22 INSTRUCTIONS AVAILABLE AT THE CLERK'S OR SECRETARY'S OFFICE OR 23 OTHER PLACE DESIGNATED BY THE BOARD, CLERK, OR SECRETARY. 24 (7) IN ORDER TO VOTE AN ELECTION BY MAIL BALLOT RECEIVED 25 UNDER THIS SECTION, A REGISTERED VOTER SHALL MARK THE BALLOT, 26 SIGN THE RETURN IDENTIFICATION ENVELOPE SUPPLIED WITH THE BALLOT, 27 AND COMPLY WITH THE INSTRUCTIONS PROVIDED WITH THE BALLOT. THE 00873'01 7 1 VOTER SHALL RETURN THE BALLOT IN THE RETURN IDENTIFICATION 2 ENVELOPE SUPPLIED WITH THE BALLOT OR THE BALLOT WILL NOT BE 3 COUNTED. AN ELECTION BY MAIL BALLOT MUST BE RECEIVED AT THE 4 OFFICE OF THE APPROPRIATE CLERK OR SECRETARY OR OTHER PLACE OF 5 DEPOSIT DESIGNATED BY THE BOARD, CLERK, OR SECRETARY NO LATER 6 THAN 8 P.M. ON THE DATE OF THE ELECTION OR THE BALLOT WILL NOT BE 7 COUNTED. 8 (8) IN ORDER TO VOTE AN ELECTION BY MAIL BALLOT UNDER THIS 9 SECTION, A REGISTERED VOTER SHALL DELIVER THE RETURN ENVELOPE BY 10 1 OF THE FOLLOWING METHODS: 11 (A) PLACE THE NECESSARY POSTAGE UPON THE RETURN ENVELOPE AND 12 DEPOSIT IT IN THE UNITED STATES MAIL OR WITH ANOTHER PUBLIC 13 POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR 14 COMMON CARRIER. 15 (B) DELIVER THE ENVELOPE PERSONALLY TO THE OFFICE OF THE 16 CLERK, TO THE CLERK, TO AN AUTHORIZED ASSISTANT OF THE CLERK, OR 17 TO A PLACE OF DEPOSIT DESIGNATED BY THE CLERK UNDER 18 SUBSECTION (2). A PERSON AUTHORIZED BY THE CLERK TO ACCEPT VOTE 19 BY MAIL BALLOTS SHALL CARRY CREDENTIALS ISSUED BY THE CLERK, 20 WHICH SHALL BE SHOWN TO A VOTER UNDER THIS SUBDIVISION UPON 21 REQUEST. 22 (C) IN EITHER SUBDIVISION (A) OR (B), A MEMBER OF THE IMME- 23 DIATE FAMILY OF THE VOTER INCLUDING A FATHER-IN-LAW, 24 MOTHER-IN-LAW, BROTHER-IN-LAW, SISTER-IN-LAW, SON-IN-LAW, 25 DAUGHTER-IN-LAW, GRANDPARENT, OR GRANDCHILD OR A PERSON RESIDING 26 IN THE VOTER'S HOUSEHOLD MAY MAIL OR DELIVER A BALLOT TO THE 27 CLERK FOR THE VOTER. 00873'01 8 1 (9) ELECTION OFFICIALS SHALL COUNT AN ELECTION BY MAIL 2 BALLOT ONLY IF THAT BALLOT MEETS ALL OF THE FOLLOWING 3 REQUIREMENTS: 4 (A) THE BALLOT IS RETURNED IN THE RETURN IDENTIFICATION 5 ENVELOPE. 6 (B) THE RETURN IDENTIFICATION ENVELOPE IS SIGNED BY THE 7 VOTER TO WHOM THE BALLOT WAS ISSUED. 8 (C) THE SIGNATURE IS VERIFIED AS PROVIDED IN SUBSECTION 9 (10). 10 (D) THE BALLOT WAS RECEIVED AT THE OFFICE OF THE APPROPRIATE 11 CLERK OR SECRETARY OR OTHER DESIGNATED PLACE OF DEPOSIT ON OR 12 BEFORE 8 P.M. ON THE DATE OF THE ELECTION. 13 (E) FOR A PRIMARY ELECTION, THE VOTER HAS VOTED FOR THE 14 APPROPRIATE NUMBER OF CANDIDATES OF 1 PARTY ONLY. 15 (10) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF A 16 SCHOOL DISTRICT, OR HIS OR HER AUTHORIZED DESIGNEE, SHALL VERIFY 17 THE SIGNATURE OF EACH VOTER ON THE RETURN IDENTIFICATION ENVELOPE 18 WITH THE SIGNATURE OF THE VOTER CONTAINED IN THE OFFICIAL VOTER 19 REGISTRATION FILE, ACCORDING TO THE PROCEDURES PRESCRIBED IN THIS 20 ACT AND RULES PROMULGATED BY THE SECRETARY OF STATE. THE CLERK, 21 SECRETARY, OR AUTHORIZED DESIGNEE SHALL PROCESS ELECTION BY MAIL 22 BALLOTS IN THE SAME MANNER AS IS REQUIRED OF ABSENT VOTER BALLOTS 23 IN THAT PRECINCT UNDER THIS ACT, AND AS PRESCRIBED IN RULES 24 PROMULGATED UNDER THIS ACT. 25 (11) A PERSON WHO KNOWINGLY VOTES MORE THAN ONCE AT AN ELEC- 26 TION BY MAIL OR A PERSON WHO KNOWINGLY ATTEMPTS TO VOTE MORE THAN 27 ONCE IS GUILTY OF A FELONY. A CLERK, SECRETARY, OR OTHER 00873'01 9 1 ELECTION OFFICIAL WHO BECOMES AWARE OF A PERSON WHO VOTES OR 2 ATTEMPTS TO VOTE MORE THAN ONCE SHALL REPORT THAT INFORMATION TO 3 THE PROSECUTING ATTORNEY FOR THAT COUNTY AND TO THE SECRETARY OF 4 STATE. 5 (12) AN ELECTION BY MAIL BALLOT OR A VOTER CASTING A BALLOT 6 AT AN ELECTION BY MAIL, OR BOTH, IS SUBJECT TO CHALLENGE AS PRE- 7 SCRIBED IN THIS ACT. 00873'01 Final page. CAS