HB-4992, As Passed Senate, May 8, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4992
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 558, 560, 560b, 568, 591, 706, and 764a (MCL
168.558, 168.560, 168.560b, 168.568, 168.591, 168.706, and
168.764a), section 558 as amended and section 560b as added by
2002 PA 163, sections 568 and 706 as amended by 1985 PA 160,
section 591 as amended by 1990 PA 109, and section 764a as
amended by 1996 PA 207, and by adding sections 736b, 736c, 736d,
736e, 736f, 736g, and 764; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 558. (1) When filing a nominating petition, qualifying
2 petition, filing fee, or affidavit of candidacy for a federal,
3 county, state, city, township, village, or school district office
1 in any election, a candidate shall file with the officer with
2 whom the petitions, fee, or affidavit is filed 2 copies of an
3 affidavit of identity. A candidate nominated for a federal,
4 state, county, city, township, or village office at a political
5 party convention or caucus shall file an affidavit of identity
6 within 1 business day after being nominated with the secretary of
7 state. The affidavit of identity filing requirement does not
8 apply to a candidate nominated for the office of president of the
9 United States or vice president of the United States.
10 (2) An affidavit of identity shall contain the candidate's
11 name, address, and ward and precinct where registered, if
12 qualified to vote at that election; a statement that the
13 candidate is a citizen of the United States; the candidate's
14 number of years of residence in the state and county; other
15 information that may be required to satisfy the officer as to the
16 identity of the candidate; the manner in which the candidate
17 wishes to have his or her name appear on the ballot; and a
18 statement that the candidate either is or is not using a name,
19 whether a given name, a surname, or otherwise, that is not a name
20 that he or she was given at birth. If a candidate is using a name
21 that is not a name that he or she was given at birth, the
22 candidate shall include on the affidavit of identity the
23 candidate's full former name.
24 (3) The requirement to indicate a name change on the
25 affidavit of identity does not apply if the name in question is 1
26 of the following:
27 (a) A name that was formally changed at least 10 years
1 before filing as a candidate.
2 (b) A name that was changed in a certificate of
3 naturalization issued by a federal district court at the time the
4 individual became a naturalized citizen at least 10 years before
5 filing as a candidate.
6 (c) A name that was changed because of marriage.
7 (d) A name that was changed because of divorce, but only if
8 to a legal name by which the individual was previously known.
9 (e) A name that constitutes a common law name as provided in
10 section 560b.
11 (4) An affidavit of identity shall include a statement that
12 as of the date of the affidavit, all statements, reports, late
13 filing fees, and fines required of the candidate or any candidate
14 committee organized to support the candidate's election under the
15 Michigan campaign finance act, 1976 PA 388, MCL 169.201 to
16 169.282, have been filed or paid; and a statement that the
17 candidate acknowledges that making a false statement in the
18 affidavit is perjury, punishable by a fine up to $1,000.00 or
19 imprisonment for up to 5 years, or both. If a candidate files the
20 affidavit of identity with an officer other than the county clerk
21 or secretary of state, the officer shall immediately forward to
22 the county clerk 1 copy of the affidavit of identity by first-
23 class mail. The county clerk shall immediately forward 1 copy of
24 the affidavit of identity for state and federal candidates to the
25 secretary of state by first-class mail. An officer shall not
26 certify to the board of election commissioners the name of a
27 candidate who fails to comply with this section.
1 (5) If petitions or filing fees are filed by or in behalf of
2 a candidate for more than 1 office, either federal, state,
3 county, city, village, township, or school district, the terms of
4 which run concurrently or overlap, the candidate so filing, or in
5 behalf of whom petitions or fees were so filed, shall select the
6 1 office to which his or her candidacy is restricted within 3
7 days after the last day for the filing of petitions or filing
8 fees unless the petitions or filing fees are filed for 2 offices
9 that are combined or for offices that are not incompatible.
10 Failure to make the selection disqualifies a candidate with
11 respect to each office for which petitions or fees were so filed
12 and the name of the candidate shall not be printed upon the
13 ballot for those offices. A vote cast for that candidate at the
14 ensuing primary or general election shall not be counted and is
15 void.
16 Sec. 560. Such ballots shall contain the instructions as to
17 the method of voting. Ballots
other than those furnished by the
18 board of election commissioners, according to the provisions of
19 this act, shall not be used, cast, or counted in any election
20 precinct at any such primary election. The size of all official
21 ballots shall be such as the board of election commissioners
22 shall prescribe prescribes.
23 Sec. 560b. (1) A candidate required to indicate a name
24 change on the affidavit of identity under section 558 shall be
25 listed on the ballot with his or her current name and former name
26 as prescribed by the secretary of state.
27 (2) Subject to subsections (3) and (4), both a candidate's
1 given name and surname that he or she was given at birth, and
2 only those names, shall appear on the ballot, except under 1 of
3 the following circumstances:
4 (a) The name in question, whether a given name, a surname,
5 or otherwise, is a name that was formally changed.
6 (b) The candidate is subject to subsection (1).
7 (c) The name in question, whether a given name, a surname,
8 or otherwise, is 1 of the following:
9 (i) A name that was changed in a certificate of
10 naturalization issued by a federal district court at the time the
11 individual became a naturalized citizen at least 10 years before
12 filing as a candidate.
13 (ii) A name that was changed because of marriage.
14 (iii) A name that was changed because of divorce, but only if
15 to a legal name by which the individual was previously known.
16 (3) A candidate may specify that both his or her given name
17 and middle name, or only a middle name, shall appear on the
18 ballot. A candidate may specify that either an initial or a
19 recognized diminutive for the candidate's given or middle name,
20 or for both, shall appear on the ballot. In addition, a candidate
21 may specify that a common law name used in accordance with
22 Michigan department of state guidelines for use of a common law
23 name on a driver license or state personal identification card
24 shall appear on that ballot.
25 (4) A candidate is prohibited from specifying that a
26 nickname that is not a recognized diminutive of the candidate's
27 common law name, given name, or middle name appear on the ballot.
1 A married individual is prohibited from specifying that his or
2 her spouse's given name, or an alternative for that given name
3 otherwise permitted under subsection (3), appear on the ballot.
4 (5) A ballot that would violate this section shall not be
5 produced, printed, or distributed.
6 Sec. 568. (1) The official primary election ballots shall be
7 prepared in the following form: At the top of each ballot shall
8 be printed in large type, "Official primary election ballot".
9 Underneath the heading shall be printed the date of the election
10 at which the ballot is to be used, together with a designation of
11 the political subdivision, as county, district, city, ward, et
12 cetera, in which it is to be used. Then shall follow, in bold-
13 faced type, the name of the political party and vignette, below
14 which shall appear the following instructions to electors: "Make
15 a cross or a check mark in the square to the left of not more
16 than the number of names for each office as may be indicated
17 under the title of each office." Under this heading shall appear
18 the names of the candidates seeking nomination for various
19 offices on the ticket of the political party. a form prescribed
20 by the secretary of state based upon the voting equipment being
21 used in each county.
22 (2) The order of the offices on the ballot shall be the
23 same, as near as may be, as is required by law in making up the
24 ballot used at general elections. The title of the office shall
25 be immediately above the names of the candidate or candidates for
26 the nomination of each office, and under the title the words
27 "Vote for not more than," followed by the word
"one" or "two"
1
number "1" or "2" or
such other word identifier
as will designate
2 the number of candidates for the nomination to the office that
3 may be voted for. The names of the different candidates shall be
4 separated from each other by a light-faced rule with a square at
5 the left of each name. The spaces devoted to the candidates for
6 nomination to different offices shall be separated by a black-
7 faced rule so as to separate each office division distinctly.
8 However, the board of election commissioners in any county or
9 city may, if considered desirable, arrange the ballots with an
10 identification numeral to be placed in the same space with the
11 name of each of the candidates, with the identification numeral
12 to be rotated with the name of the candidate when rotated,
13 regardless of where the name may appear upon the ballot.
14 Sec. 591. (1) Except as provided in subsection (2) and
15 section 532, the state convention of all political parties for
16 the nomination of candidates for state offices in the even
17 numbered years shall commence not less than 60 days before the
18 general November election. The date, time, and location of the
19 state convention shall be designated by the state central
20 committees of the various political parties in their call for a
21 state convention. The calls shall be issued at least 60 days
22 before the August primaries.
23 (2) In 2012 only, the state convention of all political
24 parties for the nomination of candidates for state offices shall
25 commence not less than 58 days before the general November
26 election. The date, time, and location of the state convention
27 shall be designated by the state central committees of the
1 various political parties in their call for a state convention.
2 The calls shall be issued at least 60 days before the August
3 primaries.
4 Sec. 706. The arrangement of the ballot containing the names
5 of candidates for office shall conform as nearly as possible to
6 the following plan, and shall contain the specific instructions
7 there set forth and no others: be prescribed by the secretary of
8 state based upon the voting equipment being used in each county.
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11 INSTRUCTIONS - To vote a straight party ticket make a cross
12 (X) or check mark (√) in the circle under the name of your party.
13 Nothing further need be done. To vote for a candidate not on your
14 party ticket, make a cross (X) or a check mark (√) in the square
15 [ ] before the candidate's name. Candidates for president and
16 vice-president must be voted for as a unit, and the vote cannot
17 be split. Candidates for governor and lieutenant governor must be
18 voted for as a unit, and the vote cannot be split.
19 If 2 or more candidates are to be elected to the same office
20 and you desire to vote for candidates not on your party ticket,
21 make a cross (X) or a check mark (√) in the square [ ] before the
22 names of the candidates for whom you desire to vote on the other
23 ticket, and strike out an equal number of names on your party
24 ticket, for that office.
25 If you do not desire to vote any party ticket, do not make a
26 cross (X) or check mark (√) in the circle at the head of any
1 ticket, but make a cross (X) or a check mark (√) in the square [
2 ] before the name of each candidate for whom you desire to vote.
3 If you wish to vote for a candidate not on any ticket, write
4 or place the name of that candidate on your ballot opposite the
5 name of the office.
6 Before leaving the booth, fold the ballot so that the face
7 of the ballot is not exposed and so that the numbered corner is
8 visible.
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2 Sec. 736b. Each ballot secrecy sleeve used at a primary
3 election shall either contain the following ballot marking
4 instructions printed on the front of the ballot secrecy sleeve or
5 shall have a clear plastic pocket on the front of the ballot
6 secrecy sleeve that contains a printed copy of the following
7 ballot marking instructions:
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PRIMARY ELECTION |
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TO VOTE: Completely darken the oval opposite each choice. |
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-- OR -- |
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TO VOTE: Complete the arrow opposite each choice. |
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IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
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DO NOT USE ANY OTHER INK COLOR! |
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PARTISAN SECTION: There are two party sections on the ballot: |
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Republican Party and Democratic Party. Select the party section of |
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your choice. YOU MAY VOTE IN ONE PARTY SECTION ONLY; YOU CANNOT |
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"SPLIT YOUR TICKET." IF YOU VOTE IN MORE THAN ONE PARTY SECTION, |
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YOUR PARTISAN BALLOT WILL BE REJECTED. |
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DO NOT vote for more candidates than indicated under each office |
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title. |
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WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
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printed on the ballot, write or place the name of that candidate |
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in the blank space provided and (completely darken the oval) or |
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(complete the arrow). Do not cast a write-in vote for a candidate |
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whose name is already printed on the ballot for that office. |
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CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
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to check the reverse side of the ballot. |
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WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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sleeve so that votes cannot be seen and the numbered stub is |
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visible. Return the ballot to the election official stationed at |
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the tabulator. (If voting by absentee ballot, follow the |
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instructions provided by the clerk for returning the ballot.) |
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NOTE: If you make a mistake, return your ballot to the election |
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official and obtain a new ballot. Do not attempt to erase or |
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correct any marks made in error. |
8 Sec. 736c. Each ballot secrecy sleeve used at a general
9 election shall either contain the following ballot marking
10 instructions printed on the front of the ballot secrecy sleeve or
11 shall have a clear plastic pocket on the front of the ballot
12 secrecy sleeve that contains a printed copy of the following
13 ballot marking instructions:
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GENERAL ELECTION |
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TO VOTE: Completely darken the oval opposite each choice. |
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-- OR -- |
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TO VOTE: Complete the arrow opposite each choice. |
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IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
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DO NOT USE ANY OTHER INK COLOR! |
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PARTISAN SECTION: To vote the partisan section of the ballot, you |
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may cast a "straight ticket," a "split ticket," or a "mixed |
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ticket." |
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Straight Ticket: Vote the party of your choice. Nothing further |
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need be done in the partisan section. |
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Split Ticket: You may vote a straight ticket AND vote for |
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individual candidates of your choice. |
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Mixed Ticket: Vote for the individual candidates of your choice |
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in each office. |
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NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must be |
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voted separately. |
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DO NOT vote for more candidates than indicated under each office |
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title. |
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WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
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printed on the ballot, write or place the name of that candidate |
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in the blank space provided and (completely darken the oval) or |
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(complete the arrow). This must be done even if you cast a straight |
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party vote. Do not cast a write-in vote for a candidate whose name |
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is already printed on the ballot for that office. |
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CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
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to check the reverse side of the ballot. |
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WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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sleeve so that votes cannot be seen and the numbered stub is |
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visible. Return the ballot to the election official stationed at |
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the tabulator. (If voting by absentee ballot, follow the |
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instructions provided by the clerk for returning the ballot.) |
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NOTE: If you make a mistake, return your ballot to the election |
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official and obtain a new ballot. Do not attempt to erase or |
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correct any marks made in error. |
21 Sec. 736d. Each ballot secrecy sleeve used at a nonpartisan
22 election shall either contain the following ballot marking
23 instructions printed on the front of the ballot secrecy sleeve or
24 shall have a clear plastic pocket on the front of the ballot
25 secrecy sleeve that contains a printed copy of the following
26 ballot marking instructions:
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NONPARTISAN ELECTION |
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TO VOTE: Completely darken the oval opposite each choice. |
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-- OR -- |
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TO VOTE: Complete the arrow opposite each choice. |
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IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
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DO NOT USE ANY OTHER INK COLOR! |
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DO NOT vote for more candidates than indicated under each office |
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title. |
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WRITE-IN CANDIDATES: To vote for a candidate whose name is not |
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printed on the ballot, write or place the name of that candidate in |
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the blank space provided and (completely darken the oval) or |
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(complete the arrow). Do not cast a write-in vote for a candidate |
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whose name is already printed on the ballot for that office. |
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CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
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to check the reverse side of the ballot. |
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WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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sleeve so that votes cannot be seen and the numbered stub is |
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visible. Return the ballot to the election official stationed at |
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the tabulator. (If voting by absentee ballot, follow the |
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instructions provided by the clerk for returning the ballot.) |
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NOTE: If you make a mistake, return your ballot to the election |
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official and obtain a new ballot. Do not attempt to erase or |
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correct any marks made in error. |
22 Sec. 736e. Each ballot secrecy sleeve used at a special
23 election shall either contain the following ballot marking
24 instructions printed on the front of the ballot secrecy sleeve or
25 shall have a clear plastic pocket on the front of the ballot
26 secrecy sleeve that contains a printed copy of the following
27 ballot marking instructions:
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SPECIAL ELECTION |
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TO VOTE: Completely darken the oval opposite each choice. |
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-- OR -- |
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TO VOTE: Complete the arrow opposite each choice. |
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IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
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DO NOT USE ANY OTHER INK COLOR! |
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CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain |
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to check the reverse side of the ballot. |
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WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy |
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sleeve so that votes cannot be seen and the numbered stub is |
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visible. Return the ballot to the election official stationed at |
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the tabulator. (If voting by absentee ballot, follow the |
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instructions provided by the clerk for returning the ballot.) |
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NOTE: If you make a mistake, return your ballot to the election |
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official and obtain a new ballot. Do not attempt to erase or |
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correct any marks made in error. |
16 Sec. 736f. The ballot marking instructions as provided in
17 sections 736b, 736c, 736d, 736e, and 764, are the only <<written>>
ballot
18 marking instructions that shall be provided to an elector.
19 Sec. 736g. If a ballot secrecy sleeve used at an election or
20 <<a ballot marking>> instruction sheet contained in a clear plastic
pocket on the
21 front of a ballot secrecy sleeve used at an election is defaced,
22 marred, or contains any mark on it other than the ballot marking
23 instructions that are required under this act, the use of that
24 ballot secrecy sleeve or that ballot marking instruction sheet
25 contained in the clear plastic pocket on the front of the ballot
26 secrecy sleeve shall be immediately discontinued and the ballot
27 secrecy sleeve or ballot marking instruction sheet shall be
28 discarded and not be further used at that election. In addition,
1 if a clear plastic pocket on the front of a ballot secrecy sleeve
2 used at an election is defaced, marred, or contains any mark on
3 it, the use of that clear plastic pocket on the front of the
4 ballot secrecy sleeve shall be immediately discontinued and the
5 clear plastic pocket shall be discarded and not be further used
6 at that election.
7 Sec. 764. In addition to the instructions provided to an
8 absent voter under section 764a, the following ballot marking
9 instructions for an absent voter concerning the method of voting
10 shall be included with each absent voter ballot furnished an
11 absent voter:
12 (a) For a primary election, the ballot marking instructions
13 as provided in section 736b.
14 (b) For a general election, the ballot marking instructions
15 as provided in section 736c.
16 (c) For a nonpartisan election, the ballot marking
17 instructions as provided in section 736d.
18 (d) For a special election, the <<ballot marking>> instructions
as provided in
19 section 736e.
20 Sec. 764a. The following instructions for an absent voter
21 shall be included with each ballot or set of ballots furnished an
22 absent voter:
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INSTRUCTIONS FOR ABSENT VOTERS |
24 Step 1. On the absent voter ballot enclosed Enclosed you
25 will find voting instructions as to the method of voting. Read
26 these carefully and then vote the ballot.
1 Step 2. After voting a ballot, place the ballot in the
2 secrecy sleeve, if any. If a secrecy sleeve is not provided,
3 refold the ballot to conceal your votes.
4 Step 3. Place the ballot or ballots in the return envelope
5 and securely seal the envelope.
6 Step 4. Sign and date the return envelope in the place
7 designated. Your signature must appear on the return envelope or
8 the ballot will not be counted. If you are disabled or otherwise
9 unable to mark the ballot and required assistance in voting your
10 absent voter ballot, have the person who assisted you complete
11 the section on the return envelope entitled "TO BE COMPLETED ONLY
12 IF VOTER IS ASSISTED IN VOTING BY ANOTHER PERSON".
13 Step 5. Deliver the return envelope by 1 of the following
14 methods:
15 (a) Place the necessary postage upon the return envelope and
16 deposit it in the United States mail or with another public
17 postal service, express mail service, parcel post service, or
18 common carrier.
19 (b) Deliver the envelope personally to the office of the
20 clerk, to the clerk, or to an authorized assistant of the clerk.
21 (c) In either (a) or (b), a member of the immediate family
22 of the voter including a father-in-law, mother-in-law, brother-
23 in-law, sister-in-law, son-in-law, daughter-in-law, grandparent,
24 or grandchild or a person residing in the voter's household may
25 mail or deliver a ballot to the clerk for the voter.
26 (d) You may request by telephone that the clerk who issued
27 the ballot provide assistance in returning the ballot. The clerk
1 is required to provide assistance if you are unable to return
2 your absent voter ballot as specified in (a), (b), or (c) above,
3 if it is before 5 p.m. on the Friday immediately preceding the
4 election, and if you are asking the clerk to pickup the absent
5 voter ballot within the jurisdictional limits of the city,
6 township, or village in which you are registered. Your absent
7 voter ballot will then be picked up by the clerk or an election
8 assistant sent by the clerk. All persons authorized to pick up
9 absent voter ballots are required to carry credentials issued by
10 the clerk. If using this absent voter ballot return method, do
11 not give your ballot to anyone until you have checked their
12 credentials.
13 Step 6. The ballot must reach the clerk or an authorized
14 assistant of the clerk before the close of the polls on election
15 day. An absent voter ballot received by the clerk or assistant of
16 the clerk after the close of the polls on election day will not
17 be counted.
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WARNING |
19 All of the following actions are violations of the Michigan
20 election law and are illegal in this state:
21 (1) To vote an absent voter ballot at a meeting or gathering
22 at which other people are voting absent voter ballots.
23 (2) For a person who is assisting an absent voter in marking
24 the ballot to suggest or in any manner attempt to influence the
25 absent voter on how he or she should vote.
1 (3) For a person who is present and knows that a person is
2 voting an absent voter ballot to suggest or in any manner attempt
3 to influence the absent voter on how he or she should vote.
4 (4) For a person other than those listed in these
5 instructions to return, offer to return, agree to return, or
6 solicit to return an absent voter ballot to the clerk.
7 (5) For a person other than the absent voter; a person
8 listed in these instructions; or a person whose job it is to
9 handle mail before, during, or after being transported by a
10 public postal service, express mail service, parcel post service,
11 or common carrier, but only during the normal course of his or
12 her employment to be in possession of a voted or unvoted absent
13 voter ballot.
14 Enacting section 1. Section 737 of the Michigan election
15 law, 1954 PA 116, MCL 168.737, is repealed.