March 10, 2005, Introduced by Reps. Gaffney, Van Regenmorter, Robertson, Vander Veen, Mortimer, Ball, Gleason, Wojno, Byrnes, Accavitti, Gonzales, Ward, Baxter, Palsrok, Pastor, Hummel, Kooiman, Hune, Nofs, Stahl, Marleau, Stakoe, Huizenga, Sheen, Emmons, Wenke, Farhat and Whitmer and referred to the Committee on House Oversight, Elections, and Ethics.
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, other than the requirement of residing
in the city, township, or village on or before the thirtieth day
before the next regular, primary, or special election, 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 qualified elector, including a member of the armed
services or an overseas voter who registers to vote by federal
postcard application under subsection (1), 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. 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.