October 28, 2009, Introduced by Senator BROWN 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 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) (e)
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) An absent uniformed services voter or an overseas voter,
whether or not registered to vote, may apply for an absent voter
ballot.
A spouse or dependent of a person
described in subdivisions
(a)
through (d) this subsection 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, may apply for an absent voter ballot.
(4) (3)
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 a blank absent voter ballot to the
voter. The voter shall print the blank absent voter ballot, mark
the ballot, and return the 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
the city or 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.