HB-4481, As Passed Senate, December 5, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4481

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 759a (MCL 168.759a), as amended by 1999 PA 216;

and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 759a. (1) A member of the armed services or an overseas

voter who is not registered, but possessed the qualifications of an

elector under section 492, may apply for registration by using the

federal postcard application. The department of state, bureau of

elections, is responsible for disseminating information on the

procedures for registering and voting to absent armed services and

overseas voters.

(2)  (1) Except as provided in subsection (5), each Each of

the following persons who is a qualified elector of a city,

village, or township in this state and who is not a registered

voter may apply for an absent voter ballot:  pursuant to section

504:

     (a) A civilian employee of the armed services outside of the

United States.

     (b) A member of the armed services outside of the United

States.

     (c) A citizen of the United States temporarily residing

outside the territorial limits of the United States.

     (d) A citizen of the United States residing in the District of

Columbia.

     (e) A spouse or dependent of a person described in

subdivisions (a) through (d) who is a citizen of the United States

and who is accompanying that person,  notwithstanding that even

though the spouse or dependent is not a qualified elector of a

city, village, or township of this state,  as long as if that

spouse or dependent is not a qualified and registered elector

anywhere else in the United States.

      (2) A citizen described in subsection (1) other than a person

described in subsection (1)(b) or a spouse or dependent of such a

person described in subsection (1)(b) shall include, with an

application for an absent voter ballot or registration, an

affidavit in a form and manner approved by the state director of

elections stating either of the following:

     (a) His or her qualifications as an elector at the time he or

she departed from the United States or began residing in the

District of Columbia and affirming that he or she has not

relinquished his or her citizenship or established residence for

voting in any other place.

     (b) That he or she is a spouse or dependent of a person

described in subsection (1)(a), (c), or (d), that he or she meets

the qualifications as an elector other than residency in this

state, and that he or she has not established a residence for

voting in any other place.

     (3) Upon receipt of an application under this section that

complies with this act, a city, village, or township clerk shall

forward to the applicant the absent voter ballots requested, the

forms necessary for registration, and instructions for completing

the forms. If the ballots are not yet available at the time of

receipt of the application, the clerk shall immediately forward to

the applicant the registration forms and instructions, and forward

the ballots as soon as they are available. If the ballots and

registration forms are received before the close of the polls on

election day and if the registration complies with the requirements

of this act, the absent voter ballots shall be delivered to the

proper election board to be voted. If the registration does not

comply with the requirements of this act, the clerk shall retain

the absent voter ballots until the expiration of the time that the

voted ballots must be kept and shall then destroy the ballots

without opening the envelope. The clerk may retain registration

forms completed under this section in a separate file. The address

in this state shown on a registration form is the residence of the

registrant.

     (4) The size of a precinct shall not be determined by

registration forms completed under this section.

     (5)  A person described in subsection (1)(a) and (b) and a

spouse or dependent of that person who is accompanying that person

is registered to vote in a special primary or special general

election if he or she was registered to vote under this section in

the primary or general election immediately preceding the special

primary or special general election. The city or township clerk who

received that person's completed registration forms in the primary

or general election shall forward to that person at his or her last

known address an absent voter ballot for the special primary or

special general election immediately upon the clerk's receipt of

the absent voter ballots for the special primary or special general

election. A member of the armed services or an overseas voter, as

described in subsection (2), who registers to vote by federal

postcard application under subsection (1), and who applies to vote

as an absent voter by federal postcard application is eligible to

vote as an absent voter in any local or state election, including

any school election, occurring in the calendar year in which the

federal postcard application is received by the city, village, or

township clerk, but not in an election for which the application is

received by the clerk after 2 p.m. of the Saturday before the

election. A city or township clerk receiving a federal postcard

application shall transmit to a village clerk and school district

election coordinator, where applicable, the necessary information

to enable the village clerk and school district election

coordinator to forward an absent voter ballot for each applicable

election in that calendar year to the qualified elector submitting

the federal postcard application. A village clerk receiving a

federal postcard application shall transmit to a city or township

clerk, where applicable, the necessary information to enable the

city or township clerk to forward an absent voter ballot for each

applicable election in that calendar year to the qualified elector

submitting the federal postcard application. If the local elections

official rejects a registration or absent voter ballot application

submitted on a federal postcard application by an absent armed

services or overseas voter, the election official shall notify the

armed services or overseas voter of the rejection.

     (6)  Pursuant to Under the uniformed and overseas citizens

absentee voting act,  Public Law 99-410, 100 Stat. 924  42 USC

1973ff to 1973ff-6, the state director of elections shall approve a

ballot form and registration procedures for electors in the armed

services and electors outside the United States, including the

spouses and dependents accompanying those electors.

     (7) As used in this section, "armed services" means any of the

following:

     (a) The United States army, navy, air force, marine corps, or

coast guard.

     (b) The United States merchant  marines marine.

     (c) A reserve component of an armed service listed in

subdivision (a) or (b).

     (d) The Michigan national guard as defined in section 105 of

the Michigan military act, 1967 PA 150, MCL 32.505.

     Enacting section 1. Section 504 of the Michigan election law,

1954 PA 116, MCL 168.504, is repealed.