HB-6066, As Passed House, December 7, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 6066

     A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 523, 523a, 813, and 829 (MCL 168.523,

168.523a, 168.813, and 168.829), sections 523, 813, and 829 as

amended by 2012 PA 523 and section 523a as added by 2004 PA 92, and

by adding sections 20, 523b, and 523c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 20. As used in this act:

     (a) "Photo identification for voting purposes" means, if

issued to the individual presenting the card or document and if the

name on the card or document matches the individual's name in his

or her voter registration record, any of the following:

     (i) An operator's or chauffeur's license issued under the

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

     (ii) An official state personal identification card issued

under 1972 PA 222, MCL 28.291 to 28.300.

     (iii) A current operator's or chauffeur's license issued by

another state.

     (iv) A current state personal identification card issued by

another state.

     (v) A current state government issued photo identification

card.

     (vi) A United States passport or federal government issued

photo identification card.

     (vii) A military photo identification card.

     (viii) A tribal photo identification card.

     (ix) A current student photo identification card issued by a

high school or an accredited institution of higher education.

     (b) "Provisional ballot" means a special ballot utilized by an

individual that is tabulated only after verification of that

individual's eligibility to vote.

     Sec. 523. (1) At each election, before being given a ballot,

each registered elector offering to vote shall identify himself or

herself by presenting an official state identification card issued

to that individual under 1972 PA 222, MCL 28.291 to 28.300, an

operator's or chauffeur's license issued to that individual under

the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or

other generally recognized picture identification card photo

identification for voting purposes, except as otherwise provided in

subsection (4), and by executing an application, on a form

prescribed by the secretary of state, in the presence of an

election official which that includes all of the following:

     (a) The name of the elector.

     (b) The elector's address of residence.

     (c) The elector's date of birth.

     (d) An affirmative statement by the elector that is included

in the signature statement indicating that he or she is a citizen

of the United States.

     (e) The elector's signature or mark.

     (2) If an elector's signature contained in the qualified voter

file is available in the polling place, the election official shall

compare the signature upon the application with the digitized

signature provided by the qualified voter file. If an elector's

signature is not contained in the qualified voter file, the

election official shall process the application in the same manner

as applications are processed when a voter registration list is

used in the polling place. If voter registration lists are used in

the precinct, the election inspector shall determine if the name on

the application to vote appears on the voter registration list. If

the name appears on the voter registration list, the elector shall

provide further identification or other information stated upon the

voter registration list. If the signature or an item of information

does not correspond, the vote of the person shall be challenged,

and the same procedure shall be followed as provided in this act

for the challenging of an elector. If Except as otherwise provided

in subsection (4), if the elector does not have an official state

identification card, operator's or chauffeur's license, or other

generally recognized picture identification card photo

identification for voting purposes as required under this

subsection, the individual shall sign an affidavit to that effect

before an election inspector and be allowed to vote as otherwise

provided in this act. However, an elector being allowed to vote

without the identification required under this subsection is

subject to challenge as provided in section 727.issued a

provisional ballot that shall be processed according to sections

523b and 813.

     (3) If, upon a comparison of the signature or other

identification as required in this section, it is found that the

applicant is entitled to vote, the election officer having charge

of the registration list shall approve the application and write

his or her initials on the application, after which the number on

the ballot issued shall be noted on the application. The

application shall serve as 1 of the 2 poll lists required to be

kept as a record of a person who has voted. The application shall

must be filed with the township, city, or village clerk. If voter

registration cards are used in the precinct, the date of the

election shall must be noted by 1 of the election officials upon

the precinct registration card of each elector voting at an

election. If voter registration lists are used in the precinct, the

election official shall clearly indicate upon the list each elector

voting at that election. The clerk of a city, village, or township

shall maintain a record of voting participation for each registered

elector.

     (4) An elector who votes in person at a polling place located

at a for-profit or nonprofit residence or facility in which 150

persons or more aged 62 or older reside and that is where that

elector resides, and who does not have photo identification for

voting purposes, may sign an affidavit to that effect before an

election inspector and be allowed to vote as otherwise provided in

this act. However, an elector who is allowed to vote without photo

identification for voting purposes under this subsection is subject

to challenge as provided in section 727.

     Sec. 523a. (1) If an individual who has applied to register to

vote on or before the close of registration appears at a polling

place on election day and completes an application under section

523 is not listed on the voter registration list, the election

inspector shall issue a ballot to the individual as follows:

     (a) For an individual who presents a receipt issued by a

department of state office, a designated voter registration agency,

or the elector's county, city, or township clerk's office verifying

the acceptance of a voter registration application before the close

of registration and completes a new voter registration application,

the election inspector shall allow the individual to vote a ballot

in the same manner as an elector whose name is listed on the voter

registration list.

     (b) For an individual who does not present a receipt verifying

the acceptance of a voter registration application under

subdivision (a), the election inspector shall determine whether the

individual is in the appropriate polling place based on residence

information provided by the individual. The election inspector

shall review any documents or maps in the polling place or

communicate with the city or township clerk to verify the

appropriate polling place for the individual. The election

inspector shall direct an individual who is not in the appropriate

polling place to the appropriate polling place. If the individual

refuses to go to the appropriate polling place, the election

inspector shall issue the individual a provisional ballot that

shall be processed according to subsection (5).sections 523b and

813.

     (2) Except for an individual who produces a receipt under

subsection (1)(a), the election inspector shall require an

individual who is not listed on the voter registration list to

execute a sworn statement affirming that the individual submitted a

voter registration application before the close of registration and

is eligible to vote in the election. An individual who provides

false information in a signed sworn statement under this subsection

is guilty of perjury. An individual signing a sworn statement shall

complete a new voter registration application. The individual shall

state the approximate date and in what manner the registration

application was submitted:

     (a) To a department of state office.

     (b) To a designated voter registration agency.

     (c) To the office of his or her county, city, or township

clerk.

     (d) By a mailed application.

     (3) The election inspector shall contact the city or township

clerk to verify whether the individual who signed the sworn

statement under subsection (2) is listed in the registration

records of the jurisdiction or whether there is any information

contrary to the content of the sworn statement.

     (4) If the city or township clerk verifies the elector

information and finds no information contrary to the information

provided by the individual in the sworn statement and, except as

otherwise provided in section 523(4), the individual presents a

Michigan operator's or chauffeur's license, department of state

issued personal identification card, other government issued photo

identification card, or a photo identification card issued by an

institution of higher education in this state described in section

6 of article VIII of the state constitution of 1963 or a junior

college or community college established under section 7 of article

VIII of the state constitution of 1963 photo identification for

voting purposes that contains a current residence address to

establish his or her identity and residence address, the individual

shall be permitted to vote a provisional ballot on election day.

Before the provisional ballot is tabulated on election day, that is

tabulated on election day in the same manner as an elector whose

name is listed on the voter registration list, except that the

election inspectors shall process the ballot as a challenged ballot

under sections 745 and 746.

     (5) If For an individual described in subsection (2), if the

election inspector is not able to contact the city or township

clerk, the individual is not in the correct precinct, the

individual presents identification other than a Michigan operator's

or chauffeur's license, department of state issued personal

identification card, other government issued photo identification

card, or a photo identification card issued by an institution of

higher education in this state described in section 6 of article

VIII of the state constitution of 1963 or a junior college or

community college established under section 7 of article VIII of

the state constitution of 1963 photo identification for voting

purposes that contains a current residence address, or, except as

otherwise provided in section 523(4), the individual is unable to

present any photo identification for voting purposes, the

individual shall be issued a provisional ballot that is not

tabulated on election day but is secured for verification after the

election. shall be processed according to sections 523b and 813. A

provisional ballot shall also be issued under this subsection to a

voter who presents a Michigan operator's license, chauffeur's

license, department of state personal identification card, other

government issued photo identification card, or a photo

identification card issued by an institution of higher education in

this state described in section 6 of article VIII of the state

constitution of 1963 or a junior college or community college

established under section 7 of article VIII of the state

constitution of 1963 photo identification for voting purposes that

does not bear the voter's current residence address, if the voter

also presents a document to establish the voter's current residence

address. The election inspector shall accept a document containing

the name and current residence address of the voter as sufficient

documentation to issue a provisional ballot if it is 1 of the

following documents:

     (a) A current utility bill.

     (b) A current bank statement.

     (c) A current paycheck, government check, or other government

document.

     (6) A provisional ballot shall be placed in a provisional

ballot return envelope prescribed by the secretary of state and

delivered to the city or township clerk after the polls close in a

manner as prescribed by the secretary of state.

     (7) For a provisional ballot voted under subsection (4), the

election inspector shall provide the voter with a notice that his

or her ballot has been tabulated. For a provisional ballot voted

under subsection (5), the election inspector shall provide the

voter with a notice that the voter's information will be verified

by the clerk of the jurisdiction within 6 days after the election

to determine whether the ballot will be tabulated and, if the

ballot is not tabulated, to determine the reason it was not

tabulated. A clerk of a jurisdiction shall provide a free access

system for the voter to determine whether the ballot was tabulated.

The free access system may include a telephone number that does not

require a toll charge, a toll-free telephone number, an internet

website, or a mailed notice.

     (8) As used in this section and sections 813 and 829,

"provisional ballot" means a special ballot utilized for an

individual who is not listed on the voter registration list at the

polling place that is tabulated only after verification of the

individual's eligibility to vote.

     Sec. 523b. (1) Except for a provisional ballot that is voted

as provided in section 523a(4), a provisional ballot issued and

voted under section 523 or 523a shall be placed in a provisional

House Bill No. 6066 as amended December 7, 2016

ballot return envelope prescribed by the secretary of state and

delivered to the city or township clerk after the polls close in a

manner as prescribed by the secretary of state.

     (2) For a provisional ballot voted under section 523 or 523a,

except for a provisional ballot that is voted as provided in

section 523a(4), the election inspector shall provide the voter

with a notice that the voter's information will be verified by the

clerk of the jurisdiction within 10 days after the election and a

determination made on whether the provisional ballot will be

tabulated, as provided in section 813. A clerk of a jurisdiction

shall provide a free access system for the voter to determine

whether the provisional ballot was tabulated. The free access

system may include a telephone number that does not require a toll

charge, a toll-free telephone number, an internet website, or a

mailed notice.

     Sec. 523c. For the 2016-2017 fiscal year, [$8,000,000.00] is

appropriated from the general fund to the department of state for

election modernizations [including voting equipment], voter education,

and implementation of the voter identification provisions.

     Sec. 813. (1) Within 6 10 days after an election, for each

provisional ballot that was placed in a provisional ballot return

envelope as provided under section 523b(1), the city or township

clerk shall determine whether the individual voting the provisional

ballot was eligible to vote a ballot and whether to tabulate the

provisional ballot. In making this determination, the city or

township clerk shall not open the provisional ballot return

envelope. A provisional ballot shall only be tabulated if a valid

voter registration record for the elector is located or if and the

identity and residence of the elector is established. using a

Michigan operator's license, chauffeur's license, personal

identification card, other government issued photo identification

card, or a photo identification card issued by an institution of

higher education in this state described in section 6 of article

VIII of the state constitution of 1963 or a junior college or

community college established under section 7 of article VIII of

the state constitution of 1963 along with a document to establish

the voter's current residence address as provided in section

523a(5). The elector's identity and residency can be established by

the elector personally appearing before the clerk of the

jurisdiction not later than 12 noon on the tenth day after the

election and doing any of the following:

     (a) Presenting photo identification for voting purposes that

contains a current residence address and executing an affidavit, on

a form prescribed by the secretary of state, affirming under

penalty of perjury that the elector is the same individual who cast

the provisional ballot on election day.

     (b) Presenting photo identification for voting purposes along

with a document to establish the elector's current residence

address as provided in section 523a(5) and executing an affidavit,

on a form prescribed by the secretary of state, affirming under

penalty of perjury that the elector is the same individual who cast

the provisional ballot on election day.

     (c) Presenting a document to establish the elector's current

residence address as provided in section 523a(5) and executing an

House Bill No. 6066 as amended December 7, 2016

affidavit, on a form prescribed by the secretary of state,

affirming under penalty of perjury that the elector is the same

individual who cast the provisional ballot on election day and is

or has either of the following:

     (i) Indigent and attempted but was unable to obtain photo

identification for voting purposes without payment of a fee.

     (ii) A bona fide religious objection to being photographed and

does not possess a photo identification for voting purposes.

[(d) Presenting a current document issued by the secretary of state, on a form prescribed by the secretary of state, indicating that the elector has applied for and is awaiting either an operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, and executing an affidavit, on a form prescribed by the secretary of state, affirming under penalty of perjury that the elector is the same individual who cast the provisional ballot on election day and is the same individual described in the document presented under this subdivision.]

     (2) Before the provisional ballot is tabulated, election

officials shall process the ballot as a challenged ballot under

sections 745 and 746.

(3) (2) Within 7 Not earlier than 11 days after an election ,

but sooner if practicable, and not later than 13 days after an

election, the city or township clerk shall transmit the results of

provisional ballots tabulated after the election to the board of

county canvassers. The results shall must be transmitted in a form

prescribed by the secretary of state.

(4) (3) Within 7 Not earlier than 11 days after an election

and not later than 13 days after an election, the city or township

clerk shall transmit to the county clerk a provisional ballot

report for each precinct in the jurisdiction. The report shall must

include for each precinct the number of provisional ballots issued,

the number of provisional ballots tabulated on election day, the

number of provisional ballots forwarded to the clerk to be

determined after the election, the number of provisional ballots

tabulated by the clerk after election day, and any additional

information concerning provisional ballots as required by the

secretary of state.

(5) (4) Within 7 Not earlier than 11 days after an election

and not later than 13 days after an election, the city or township

clerk shall transmit to the county clerk an affidavit report that

includes both the number of affidavits signed by voters under

section 523(2) and the number of affidavits executed by electors

under subsection (1)(c). The affidavit report shall must be

transmitted to the county clerk in a form prescribed by the

secretary of state.

     Sec. 829. (1) The board of county canvassers shall include the

results of the tabulated provisional ballots in the canvass of the

election following procedures prescribed by the secretary of state

designed to maintain the secrecy of the ballot.

     (2) Within 14 days after a primary or election, the county

clerk shall transmit a county provisional ballot report to the

secretary of state. The county provisional ballot report shall must

be in a manner prescribed by the secretary of state. After the

secretary of state receives a county provisional ballot report, the

county provisional ballot report shall must be immediately

available for public inspection.

     (3) Within 14 days after an election, the county clerk shall

transmit a county affidavit report to the secretary of state. The

county affidavit report shall must include the number of affidavits

signed by voters under section 523(2) and the number of affidavits

executed by electors under section 813(1)(c). The county affidavit

report shall must be transmitted in a form prescribed by the

secretary of state. After the secretary of state receives the

county affidavit report from the county clerk, the county affidavit

report shall must immediately be available for public inspection.

     Enacting section 1. This amendatory act takes effect February

1, 2018.