August 5, 2009, Introduced by Senators KAHN, McMANUS, BROWN, GARCIA, CROPSEY, PATTERSON, KUIPERS, SANBORN, PAPPAGEORGE, HARDIMAN and BIRKHOLZ and referred to the Committee on Campaign and Election Oversight.
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 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) 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.
(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, 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 is not a
qualified and registered elector anywhere else in the United
States.
(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 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) 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.
(7) A member of the armed services outside of the United
States who is eligible to vote as an absent voter in any local or
state election may transmit by facsimile to the city, village, or
township clerk his or her completed absent voter ballot. In
addition, a member of the armed services outside of the United
States who transmits his or her completed absent voter ballot by
facsimile pursuant to this subsection shall complete and sign the
printed statement found on the back of the absent voter ballot
return envelope as provided in section 761(4) and transmit it by
facsimile to the city, village, or township clerk. An absent voter
ballot returned under this subsection shall be processed in the
same manner as any other absent voter ballot voted by mail under
this section. The secretary of state shall promulgate rules
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, to implement the provisions of this
subsection.
(8) A member of the armed services outside of the United
States who is eligible to vote as an absent voter in any local or
state election may scan and transmit by electronic mail to the
city, village, or township clerk his or her completed absent voter
ballot. In addition, a member of the armed services outside of the
United States who scans and transmits by electronic mail his or her
completed absent voter ballot pursuant to this subsection shall
complete, sign, and scan the printed statement found on the back of
the absent voter ballot return envelope as provided in section
761(4) and transmit it by electronic mail to the city, village, or
township clerk. An absent voter ballot returned under this
subsection shall be processed in the same manner as any other
absent voter ballot voted by mail under this section. The secretary
of state shall promulgate rules pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
implement the provisions of this subsection.
(9) (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.