Senate Introduced Bill B00014

SENATE BILL No. 14

January 10, 2001, Introduced by Senator A. SMITH and referred to the Committee on

Government Operations.

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 ballots~~ A BALLOT shall NOT be delivered to

2 an elector by ~~any~~ A person other than 1 of the inspectors of

3 election and only within the polling place, except as provided in

4 this act for absent ~~voters'~~ VOTER ballots AND ELECTION BY MAIL

5 BALLOTS.

6 SEC. 750A. (1) SUBJECT TO THIS SECTION AND SECTION 750B, A

7 CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF A SCHOOL

8 DISTRICT MAY CONDUCT A LOCAL ELECTION BY MAIL IN THE CITY,

9 TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT, UNDER THE SUPERVISION OF

10 THE SECRETARY OF STATE. IN DECIDING TO CONDUCT A LOCAL ELECTION

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1 BY MAIL, A CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF A

2 SCHOOL DISTRICT SHALL CONSIDER REQUESTS FROM THE GOVERNING BODY

3 OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT AND WHETHER

4 CONDUCTING THE ELECTION BY MAIL IS ECONOMICALLY AND ADMINISTRA-

5 TIVELY FEASIBLE.

6 (2) THE AUGUST PRIMARY HELD UNDER SECTION 534, THE GENERAL

7 NOVEMBER ELECTION, AND ANY OTHER ELECTION IN WHICH A CANDIDATE

8 FOR STATEWIDE OFFICE, JUDICIAL OFFICE, LEGISLATIVE OFFICE, OR

9 COUNTYWIDE OFFICE IS NOMINATED OR ELECTED SHALL BE CONDUCTED AS

10 AN ELECTION BY MAIL.

11 (3) NOT LATER THAN JANUARY 21, 2002, A CITY, TOWNSHIP, OR

12 VILLAGE CLERK OR THE SECRETARY OF A SCHOOL DISTRICT SHALL ADVISE

13 THE GOVERNING BODY OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DIS-

14 TRICT FOR WHICH THE CLERK OR SECRETARY IS THE ELECTION OFFICIAL

15 AS TO EACH LOCAL ELECTION HELD IN THAT CITY, TOWNSHIP, VILLAGE,

16 OR SCHOOL DISTRICT THAT WILL BE CONDUCTED AS AN ELECTION BY

17 MAIL. PERIODICALLY, THE CLERK OR SECRETARY MAY REVIEW ITS DECI-

18 SION OF WHETHER A LOCAL ELECTION WILL BE CONDUCTED AS AN ELECTION

19 BY MAIL. IF AN EARLIER DECISION TO CONDUCT OR NOT CONDUCT A

20 LOCAL ELECTION AS AN ELECTION BY MAIL IS CHANGED, THE CLERK OR

21 SECRETARY SHALL NOTIFY THE GOVERNING BODY OF THE CITY, TOWNSHIP,

22 VILLAGE, OR SCHOOL DISTRICT NOT LATER THAN THE THIRD TUESDAY IN

23 JANUARY OF THE YEAR IN WHICH THE ELECTION IS TO BE HELD OF THAT

24 CHANGE. THIS SUBSECTION DOES NOT APPLY TO AN ELECTION REQUIRED

25 TO BE HELD AS AN ELECTION BY MAIL UNDER SUBSECTION (2).

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1 (4) THE SECRETARY OF STATE SHALL PROMULGATE RULES IN THE

2 MANNER PRESCRIBED IN THIS ACT TO PROVIDE PROCEDURES FOR

3 CONDUCTING AN ELECTION BY MAIL.

4 SEC. 750B. (1) A CITY, TOWNSHIP, OR VILLAGE CLERK OR A SEC-

5 RETARY OF A SCHOOL DISTRICT THAT CONDUCTS AN ELECTION BY MAIL

6 UNDER SECTION 750A SHALL CONDUCT THE ELECTION BY MAIL AS PROVIDED

7 IN THIS SECTION.

8 (2) THE CLERK OR SECRETARY SHALL DESIGNATE 1 OR MORE PLACES

9 OF DEPOSIT IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT FOR

10 VOTERS TO RETURN VOTED BALLOTS FOR THE ELECTION BY MAIL. THE

11 CLERK OR SECRETARY SHALL PROVIDE THAT THE PLACES DESIGNATED FOR

12 THE DEPOSIT OF VOTED BALLOTS IN THE CITY, TOWNSHIP, VILLAGE, OR

13 SCHOOL DISTRICT BE OPEN ON THE DATE OF THE ELECTION FOR A PERIOD

14 OF 13 HOURS OR MORE, BEGINNING NO LATER THAN 7 A.M. AND ENDING NO

15 EARLIER THAN 8 P.M., AS DETERMINED BY THE CLERK OR SECRETARY.

16 (3) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF

17 A SCHOOL DISTRICT SHALL SEND BY NONFORWARDABLE MAIL AN OFFICIAL

18 BALLOT WITH A PRE-ADDRESSED, POSTAGE PAID RETURN IDENTIFICATION

19 ENVELOPE AND A SECRECY ENVELOPE TO EACH VOTER WHO IS REGISTERED

20 IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT AS OF THE

21 THIRTIETH DAY BEFORE THE DATE OF THE ELECTION BY MAIL. THE CLERK

22 OR SECRETARY SHALL ADDRESS THE BALLOT TO THE REGISTERED VOTER AS

23 THAT VOTER'S NAME APPEARS ON THE REGISTRATION RECORDS OF THAT

24 VOTER. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION AND SUB-

25 SECTION (8), THE CLERK OR SECRETARY SHALL MAIL THE OFFICIAL BAL-

26 LOTS AND ENVELOPES DURING THE PERIOD BEGINNING ON THE TWENTIETH

27 DAY BEFORE THE DATE OF THE ELECTION BY MAIL AND ENDING ON THE

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1 FOURTEENTH DAY BEFORE THE DATE OF THE ELECTION BY MAIL. FOR A

2 STATEWIDE ELECTION BY MAIL, THE SECRETARY OF STATE SHALL PRE-

3 SCRIBE IN RULES PROMULGATED UNDER SECTION 750A(4) THE DATE ON

4 WHICH THE OFFICIAL BALLOTS AND ENVELOPES FOR THE STATEWIDE ELEC-

5 TION BY MAIL ARE TO BE MAILED BY A CLERK OR SECRETARY UNDER THIS

6 SUBSECTION. HOWEVER, THE SECRETARY OF STATE SHALL PROVIDE IN

7 THOSE RULES THAT ALL BALLOTS SHALL BE MAILED BY THE FOURTEENTH

8 DAY BEFORE THE DATE OF THE ELECTION BY MAIL.

9 (4) FOR A PRIMARY ELECTION, THE ELECTION BY MAIL BALLOT

10 SHALL CONTAIN A SECTION FOR THE SELECTION OF CANDIDATES FROM EACH

11 POLITICAL PARTY THAT IS PARTICIPATING IN THE PRIMARY ELECTION.

12 THE INSTRUCTIONS ACCOMPANYING THE PRIMARY ELECTION BY MAIL BAL-

13 LOTS SHALL STATE CLEARLY THAT THE VOTER MAY VOTE FOR THE APPRO-

14 PRIATE NUMBER OF CANDIDATES OF 1 PARTY ONLY AND THAT A PRIMARY

15 BALLOT ON WHICH CANDIDATES FROM MORE THAN 1 PARTY ARE SELECTED

16 WILL NOT BE COUNTED.

17 (5) FOR AN ELECTOR WHO HAS APPLIED TO REGISTER TO VOTE ON OR

18 BEFORE THE CLOSE OF REGISTRATION AND IS NOT LISTED IN THE REGIS-

19 TRATION RECORDS OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DIS-

20 TRICT, THE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF THE

21 SCHOOL DISTRICT SHALL PROCEED AS PRESCRIBED IN SECTION 509Y. IF

22 THE ELECTOR MEETS THE REQUIREMENTS OF SECTION 509Y, THE CLERK OR

23 SECRETARY SHALL MAKE THE OFFICIAL BALLOT, THE RETURN IDENTIFICA-

24 TION ENVELOPE, AND THE SECRECY ENVELOPE AVAILABLE AT THE CLERK'S

25 OR SECRETARY'S OFFICE OR OTHER PLACE DESIGNATED BY THE CLERK OR

26 SECRETARY. THE ELECTOR WHO RECEIVES THE OFFICIAL BALLOTS AND

27 ENVELOPES UNDER THIS SUBSECTION SHALL DO ALL OF THE FOLLOWING:

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1 (A) VOTE AT THE ELECTION IN THE CLERK'S OR SECRETARY'S

2 OFFICE OR OTHER PLACE DESIGNATED BY THE CLERK OR SECRETARY OR

3 VOTE BY MAIL.

4 (B) MARK THE BALLOT, SIGN THE RETURN IDENTIFICATION

5 ENVELOPE, AND COMPLY WITH THE INSTRUCTIONS PROVIDED WITH THE

6 BALLOT.

7 (C) RETURN THE BALLOT IN THE RETURN IDENTIFICATION ENVELOPE

8 TO THE CLERK OR SECRETARY.

9 (6) A BALLOT OR BALLOT LABEL USED IN AN ELECTION BY MAIL

10 SHALL CONTAIN THE FOLLOWING WARNING:

11 "A PERSON WHO, BY USE OF FORCE OR OTHER MEANS, UNDULY INFLU-

12 ENCES AN ELECTOR TO VOTE IN A PARTICULAR MANNER OR TO REFRAIN

13 FROM VOTING IS SUBJECT TO IMPRISONMENT OR TO A FINE, OR BOTH.".

14 (7) IN ORDER TO VOTE AN ELECTION BY MAIL BALLOT RECEIVED

15 UNDER SUBSECTION (3), A REGISTERED VOTER SHALL MARK THE BALLOT,

16 SIGN THE RETURN IDENTIFICATION ENVELOPE SUPPLIED WITH THE BALLOT,

17 AND COMPLY WITH THE INSTRUCTIONS PROVIDED WITH THE BALLOT. THE

18 VOTER MAY RETURN THE MARKED BALLOT TO THE APPROPRIATE CITY, TOWN-

19 SHIP, OR VILLAGE CLERK OR SECRETARY OF A SCHOOL DISTRICT BY

20 DEPOSITING IT IN THE UNITED STATES MAIL OR WITH ANOTHER PUBLIC

21 POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR

22 COMMON CARRIER. THE VOTER MAY RETURN THE MARKED BALLOT TO THE

23 APPROPRIATE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF A

24 SCHOOL DISTRICT BY DEPOSITING IT AT THE OFFICE OF THE CLERK OR

25 SECRETARY OR OTHER PLACE OF DEPOSIT DESIGNATED BY THE CLERK OR

26 SECRETARY. THE VOTER SHALL RETURN THE BALLOT IN THE RETURN

27 IDENTIFICATION ENVELOPE SUPPLIED WITH THE BALLOT OR THE BALLOT

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1 WILL NOT BE COUNTED. AN ELECTION BY MAIL BALLOT MUST BE RECEIVED

2 AT THE OFFICE OF THE APPROPRIATE CLERK OR SECRETARY OR OTHER

3 PLACE OF DEPOSIT DESIGNATED BY THE CLERK OR SECRETARY NOT LATER

4 THAN THE END OF THE PERIOD DETERMINED UNDER SUBSECTION (2) ON THE

5 DATE OF THE ELECTION.

6 (8) A VOTER MAY OBTAIN A REPLACEMENT ELECTION BY MAIL BALLOT

7 IF THE BALLOT IS DESTROYED, SPOILED, LOST, OR NOT RECEIVED BY THE

8 VOTER. A VOTER WHO SEEKS A REPLACEMENT BALLOT SHALL SIGN A SWORN

9 STATEMENT THAT THE BALLOT WAS DESTROYED, SPOILED, LOST, OR NOT

10 RECEIVED BY THE VOTER TO THE APPROPRIATE CLERK OR SECRETARY

11 BEFORE THE END OF THE PERIOD DETERMINED UNDER SUBSECTION (2).

12 THE CLERK OR SECRETARY SHALL KEEP A RECORD OF EACH REPLACEMENT

13 ELECTION BY MAIL BALLOT PROVIDED UNDER THIS SUBSECTION. THE

14 CLERK OR SECRETARY SHALL DESIGNATE THE CLERK'S OR SECRETARY'S

15 OFFICE OR A CENTRAL LOCATION IN THE CITY, TOWNSHIP, VILLAGE, OR

16 SCHOOL DISTRICT IN WHICH THE ELECTION IS HELD AS THE SINGLE PLACE

17 TO OBTAIN A REPLACEMENT ELECTION BY MAIL BALLOT UNDER THIS

18 SUBSECTION. A CLERK OR SECRETARY MAY MAIL REPLACEMENT BALLOTS 5

19 DAYS OR MORE BEFORE THE DATE OF THE ELECTION BY MAIL. THE CLERK

20 OR SECRETARY MAY DELIVER IN PERSON TO A REGISTERED VOTER A

21 REPLACEMENT BALLOT UP UNTIL AND INCLUDING THE DATE OF THE ELEC-

22 TION BY MAIL.

23 (9) ELECTION OFFICIALS SHALL COUNT AN ELECTION BY MAIL

24 BALLOT ONLY IF THAT BALLOT MEETS ALL OF THE FOLLOWING

25 REQUIREMENTS:

26 (A) THE BALLOT IS RETURNED IN THE RETURN IDENTIFICATION

27 ENVELOPE.

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1 (B) THE RETURN IDENTIFICATION ENVELOPE IS SIGNED BY THE

2 VOTER TO WHOM THE BALLOT WAS ISSUED.

3 (C) THE SIGNATURE IS VERIFIED AS PROVIDED IN SUBSECTION

4 (10).

5 (10) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF A

6 SCHOOL DISTRICT SHALL VERIFY THE SIGNATURE OF EACH VOTER ON THE

7 RETURN IDENTIFICATION ENVELOPE WITH THE SIGNATURE OF THE VOTER ON

8 THE VOTER'S REGISTRATION CARD, ACCORDING TO THE PROCEDURES PRE-

9 SCRIBED IN THIS ACT AND RULES PROMULGATED BY THE SECRETARY OF

10 STATE.

11 (11) IF THE CLERK, SECRETARY, OR OTHER ELECTION OFFICIAL

12 DETERMINES THAT A VOTER TO WHOM A REPLACEMENT ELECTION BY MAIL

13 BALLOT HAS BEEN ISSUED HAS VOTED MORE THAN ONCE, AN ELECTION

14 OFFICIAL SHALL NOT COUNT ANY BALLOT CAST BY THAT VOTER. A PERSON

15 WHO KNOWINGLY VOTES AT AN ELECTION BY MAIL BY MEANS OF BOTH AN

16 ORIGINAL BALLOT AND A REPLACEMENT BALLOT OR A PERSON WHO KNOW-

17 INGLY ATTEMPTS TO VOTE BY MEANS OF BOTH AN ORIGINAL BALLOT AND A

18 REPLACEMENT BALLOT IS GUILTY OF A FELONY. A CLERK, SECRETARY, OR

19 OTHER ELECTION OFFICIAL WHO BECOMES AWARE OF A PERSON WHO VOTES

20 OR ATTEMPTS TO VOTE BY MEANS OF BOTH AN ORIGINAL BALLOT AND A

21 REPLACEMENT BALLOT SHALL REPORT THAT INFORMATION TO THE PROSECUT-

22 ING ATTORNEY FOR THAT COUNTY AND TO THE SECRETARY OF STATE.

23 (12) AN ELECTION BY MAIL BALLOT OR A VOTER CASTING A BALLOT

24 AT AN ELECTION BY MAIL, OR BOTH, IS SUBJECT TO CHALLENGE AS PRE-

25 SCRIBED IN THIS ACT.

26 (13) A PERSON WHO, BY USE OF FORCE OR OTHER MEANS, UNDULY

27 INFLUENCES A VOTER TO VOTE IN A PARTICULAR MANNER OR TO REFRAIN

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1 FROM VOTING IN AN ELECTION BY MAIL HELD IN ACCORDANCE WITH THIS

2 SECTION IS GUILTY OF A FELONY.

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