SB-0721, As Passed Senate, March 2, 2010

SUBSTITUTE FOR

SENATE BILL NO. 721

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 759a. (1) A member of the armed services An absent

uniformed services voter 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 an absent armed uniformed services voter

and an overseas voters voter.

     (2) 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:

     (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.

(2) Upon the request of an absent uniformed services voter or

an overseas voter, the clerk of a county, city, township, or

village shall electronically transmit a blank voter registration

application or blank absent voter ballot application to the voter.

The clerk of a county, city, township, or village shall accept a

completed voter registration application or completed absent voter

ballot application electronically transmitted by an absent

uniformed services voter or overseas voter. A voter registration

application or absent voter ballot application submitted by an

absent uniformed services voter or overseas voter shall contain the

signature of the voter.

     (3) (c) A spouse or dependent of a person described in

subdivisions (a) through (d) an overseas voter who is a citizen of

the United States, and who is accompanying that person, even though

the spouse or dependent is not a qualified elector of a city,

village, or township of this state, if that spouse or dependent

overseas voter, and is not a qualified and registered elector

anywhere else in the United States, may apply for an absent voter

ballot even though the spouse or dependent is not a qualified

elector of a city or township of this state.

(4) (3) An absent uniformed services voter or an overseas

voter, whether or not registered to vote, may apply for an absent

voter ballot. Upon receipt of an application for an absent voter

ballot under this section that complies with this act, a county,

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 a federal postcard application is

filed, the clerk shall accept the federal postcard application as

the registration application and shall not send any additional

registration forms to the applicant. 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 tabulated. 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.

     (5) Not later than 45 days before an election, a county, city,

township, or village clerk shall electronically transmit or mail as

appropriate an absent voter ballot to each absent uniformed

services voter or overseas voter who applied for an absent voter

ballot 45 days or more before the election.

     (6) Upon the request of an absent uniformed services voter or

overseas voter, the clerk of a county, city, township, or village

shall electronically transmit an absent voter ballot to the voter.

The voter shall print the absent voter ballot and return the voted

ballot by mail to the appropriate clerk.

     (7) The secretary of state shall prescribe electronic absent

voter ballot formats and electronic absent voter ballot

transmission methods. Each county, city, township, or village clerk

shall employ the prescribed electronic ballot formats to fulfill an

absent voter ballot request received from an absent uniformed

services voter or overseas voter who wishes to receive his or her

absent voter ballot through an electronic transmission. The

secretary of state shall establish procedures to implement the

requirements in this section and for the processing of a marked

absent voter ballot returned by an absent uniformed services voter

or overseas voter who obtained his or her absent voter ballot

through an electronic transmission.

     (8) The secretary of state shall modify the printed statement

provided under section 761(4) and the absent voter ballot

instructions provided under section 764a as appropriate to

accommodate the procedures developed for electronically

transmitting an absent voter ballot to an absent uniformed services

voter or overseas voter. A statement shall be included in the

certificate signed by the absent voter who obtained his or her

absent voter ballot through an electronic transmission that the

secrecy of the absent voter ballot may be compromised during the

duplication process. The absent voter ballot instructions provided

to an absent uniformed services voter or overseas voter shall

include the proper procedures for returning the absent voter ballot

to the appropriate clerk.

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

registration forms completed under this section.

(10) (5) A member of the armed services An absent uniformed

services voter 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 who submits an absent voter ballot 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 absent voter ballot application is

received by the county, 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 county, city,

or township clerk receiving a federal postcard an absent voter

ballot application from an absent uniformed services voter or

overseas voter shall transmit to a village clerk and the school

district election coordinator coordinators, where applicable, the

necessary information to enable the village clerk and school

district election coordinator coordinators to forward an absent

voter ballot for each applicable election in that calendar year to

the qualified elector submitting the federal postcard application

absent voter. A village clerk receiving a federal postcard an

absent voter ballot application from an absent uniformed services

voter or overseas voter shall transmit to a city or the township

clerk and the school district election coordinators, where

applicable, the necessary information to enable the city or

township clerk and school district election coordinators to forward

an absent voter ballot for each applicable election in that

calendar year to the qualified elector submitting the federal

postcard application absent voter. If the local elections official

rejects a voter registration application or absent voter ballot

application submitted on a federal postcard application by an

absent armed uniformed services voter or overseas voter, the

election official shall notify the armed services or overseas voter

of the rejection.

     (11) An electronic mail address provided by an absent

uniformed services voter or overseas voter for the purposes of this

section is confidential and exempt from disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

(12) (6) Under the uniformed and overseas citizens absentee

voting act, 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 absent uniformed services voters and overseas voters.

     (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 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.

     (13) As used in this section:

     (a) "Absent uniformed services voter" means any of the

following:

     (i) A member of a uniformed service on active duty who, by

reason of being on active duty, is absent from the place of

residence where the member is otherwise qualified to vote.

     (ii) A member of the merchant marine who, by reason of service

in the merchant marine, is absent from the place of residence where

the member is otherwise qualified to vote.

     (iii) A spouse or dependent of a member referred to in

subparagraph (i) or (ii) who, by reason of the active duty or service

of the member, is absent from the place of residence where the

spouse or dependent is otherwise qualified to vote.

     (b) "Member of the merchant marine" means an individual, other

than a member of a uniformed service or an individual employed,

enrolled, or maintained on the Great Lakes or the inland waterways,

who is either of the following:

     (i) Employed as an officer or crew member of a vessel

documented under the laws of the United States, a vessel owned by

the United States, or a vessel of foreign-flag registry under

charter to or control of the United States.

     (ii) Enrolled with the United States for employment or training

for employment, or maintained by the United States for emergency

relief service, as an officer or crew member of a vessel documented

under the laws of the United States, a vessel owned by the United

States, or a vessel of foreign-flag registry under charter to or

control of the United States.

     (c) "Overseas voter" means any of the following:

     (i) An absent uniformed services voter who, by reason of active

duty or service, is absent from the United States on the date of an

election.

     (ii) A person who resides outside of the United States and is

qualified to vote in the last place in which the person was

domiciled before leaving the United States.

     (iii) A person who resides outside of the United States and who,

but for such residence outside of the United States, would be

qualified to vote in the last place in which he or she was

domiciled before leaving the United States.

     (d) "Uniformed services" means the army, navy, air force,

marine corps, coast guard, the commissioned corps of the public

health service, the commissioned corps of the national oceanic and

atmospheric administration, a reserve component of a uniformed

service, or the Michigan national guard as defined in section 105

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

     (14) This section applies to the August 3, 2010 election and

to each succeeding election conducted in this state.

     Enacting section 1. This amendatory act takes effect June 1,

2010.