August 18, 2015, Introduced by Reps. Hoadley, Plawecki, Liberati, Love, Wittenberg and Chang and referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 662 (MCL 168.662), as amended by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 662. (1) The legislative body in each city, village, and
township shall designate and prescribe the place or places of
holding an election for a city, village, or township election, and
shall provide a suitable polling place in or for each precinct
located in the city, village, or township for use at each election.
Except as otherwise provided in this section, school buildings,
fire stations, police stations, and other publicly owned or
controlled buildings shall be used as polling places. If it is not
possible or convenient to use a publicly owned or controlled
building as a polling place, the legislative body of the city,
township, or village may use as a polling place a building owned or
controlled by an organization that is exempt from federal income
tax as provided by section 501(c), other than 501(c)(4), (5), or
(6), of
the internal revenue code of 1986, or any successor
statute.
26 USC 501. The legislative body of a city, township, or
village shall not designate as a polling place a building that is
owned by a person who is a sponsor of a political committee or
independent committee. A city, township, or village shall not use
as a polling place a building that does not meet the requirements
of this section. As used in this subsection, "sponsor of a
political committee or independent committee" means a person who is
described as being a sponsor under section 24(3) of the Michigan
campaign finance act, 1976 PA 388, MCL 169.224, and includes a
subsidiary of a corporation or a local of a labor organization, if
the corporation or labor organization is considered a sponsor under
section 24(3) of the Michigan campaign finance act, 1976 PA 388,
MCL 169.224.
(2) The legislative body in each city, village, and township
shall make arrangements for the rental or erection of suitable
buildings for use as polling places if publicly owned or controlled
buildings are not available, and shall have the polling places
equipped with the necessary facilities for lighting and with
adequate facilities for heat and ventilation. The legislative body
may establish a central polling place or places for 6 precincts or
less if it is possible and convenient for the electors to vote at
the central polling place. The legislative body may abolish other
polling places not required as a result of the establishment of a
central polling place.
(3) The legislative body of a city, village, or township may
establish a polling place at a for profit or nonprofit residence or
facility in which 150 persons or more aged 62 or older reside or at
an apartment building or complex in which 150 persons or more
reside. A township board may provide polling places located within
the limits of a city that has been incorporated from territory
formerly a part of the township, and the electors of the township
may cast their ballots at those polling places. If 2 contiguous
townships utilize a combined township hall or other publicly owned
or controlled building within 1 of the township's boundaries and
outside of the other township's boundaries, and there is not
another publicly owned or controlled building or a building owned
or controlled by an organization that is exempt from federal income
tax , as provided by section 501(c), other than 501(c)(4),
(5), or
(6), of the internal revenue code of 1986, 26 USC 501, available or
suitable for a polling place within the other township, then each
township board may provide a polling place in that publicly owned
building for 1 or more election precinct.
(4) The legislative body of a city, village, or township shall
not establish, move, or abolish a polling place less than 60 days
before an election unless necessary because a polling place has
been damaged, destroyed, or rendered inaccessible or unusable as a
polling place.
(5) The legislative body of a city, village, or township shall
ensure that a polling place established under this section is
accessible and complies with the voting accessibility for the
elderly and handicapped act and the help America vote act of 2002.
(6) The legislative body of a city, village, or township shall
ensure that the owner or operator of any building used as a polling
place permits electioneering, not otherwise prohibited under
section 744, in a nondiscriminatory manner between the hours of 7
a.m. and 8 p.m. on election day on any real property associated
with the building used as a polling place.
(7) (6)
As used in this section,
"accessible" means the
removal or modification of policies, practices, and procedures that
deny an individual with a disability the opportunity to vote,
including
the removal of physical barriers as identified in section
261(b)
of the help America vote act of 2002, 42 USC 15421, 52 USC
21021, so as to ensure individuals with disabilities the
opportunity to participate in elections in this state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.