June 12, 2018, Introduced by Senators BIEDA, CONYERS, KNEZEK, HOOD, ANANICH, YOUNG
and WARREN and referred to the Committee on Elections and Government Reform.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 497c, 523, 523a, 761, and 813 (MCL 168.497c,
168.523, 168.523a, 168.761, and 168.813), section 497c as added and
sections 523, 761, and 813 as amended by 2012 PA 523 and section
523a as added by 2004 PA 92.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 497c. (1) Beginning on the effective date of the
2 amendatory act that added this section, March 28, 2013, a person
3 who applies in person to register to vote at a department of state
4 office, a designated voter registration agency, the office of a
5 county clerk, or the office of the clerk of the city or township in
6 which the applicant resides shall identify himself or herself by
7 presenting an official state personal identification card issued to
8 that person under 1972 PA 222, MCL 28.291 to 28.300, an operator's
1 or chauffeur's license issued to that person under the Michigan
2 vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other
generally
3 recognized picture identification card, or a digital photograph of
4 his or her official state personal identification card, operator's
5 or chauffeur's license, or other generally recognized picture
6 identification card.
7 (2) If a person who applies in person to register to vote as
8 provided in subsection (1) does not have an official state personal
9 identification card, an operator's or chauffeur's license, or other
10 generally recognized picture identification card, or a digital
11 photograph of his or her official state personal identification
12 card, operator's or chauffeur's license, or other generally
13 recognized picture identification card as required under subsection
14 (1), the person may sign an affidavit to that effect and be allowed
15 to register to vote.
16 Sec. 523. (1) At each election, before being given a ballot,
17 each registered elector offering to vote shall identify himself or
18 herself by presenting an official state personal identification
19 card issued to that individual under 1972 PA 222, MCL 28.291 to
20 28.300, an operator's or chauffeur's license issued to that
21 individual under the Michigan vehicle code, 1949 PA 300, MCL 257.1
22 to 257.923, or other generally recognized picture identification
23 card, or a digital photograph of his or her official state personal
24 identification card, operator's or chauffeur's license, or other
25 generally recognized picture identification card and by executing
26 an application, on a form prescribed by the secretary of state, in
27 the presence of an election official, which that includes
all of
1 the following:
2 (a) The name of the elector.
3 (b) The elector's address of residence.
4 (c) The elector's date of birth.
5 (d) An affirmative statement by the elector that is included
6 in the signature statement indicating that he or she is a citizen
7 of the United States.
8 (e) The elector's signature or mark.
9 (2) If an elector's signature contained in the qualified voter
10 file is available in the polling place, the election official shall
11 compare the signature upon the application with the digitized
12 signature provided by the qualified voter file. If an elector's
13 signature is not contained in the qualified voter file, the
14 election official shall process the application in the same manner
15 as applications are processed when a voter registration list is
16 used in the polling place. If voter registration lists are used in
17 the precinct, the election inspector shall determine if the name on
18 the application to vote appears on the voter registration list. If
19 the name appears on the voter registration list, the elector shall
20 provide further identification or other information stated upon the
21 voter registration list. If the signature or an item of information
22 does not correspond, the vote of the person shall must be
23 challenged, and the same procedure shall must be
followed as
24 provided in this act for the challenging of an elector. If the
25 elector does not have an official state personal identification
26 card, operator's or chauffeur's license, or other generally
27 recognized picture identification card, or a digital photograph of
1 his or her official state personal identification card, operator's
2 or chauffeur's license, or other generally recognized picture
3 identification card as
required under this subsection, section,
the
4 individual shall sign an affidavit to that effect before an
5 election inspector and be allowed to vote as otherwise provided in
6 this act. However, an elector being allowed to vote without the
7 identification required under this subsection section is
subject to
8 challenge as provided in section 727.
9 (3) If, upon a comparison of the signature or other
10 identification as required in this section, it is found that the
11 applicant is entitled to vote, the election officer having charge
12 of the registration list shall approve the application and write
13 his or her initials on the application, after which the number on
14 the ballot issued shall must
be noted on the application. The
15 application shall serve serves
as 1 of the 2 poll lists required to
16 be kept as a record of a person who has voted. The application
17 shall must be filed with the township, city, or village clerk.
If
18 voter registration cards are used in the precinct, the date of the
19 election shall must
be noted by 1 of the election officials
upon
20 the precinct registration card of each elector voting at an
21 election. If voter registration lists are used in the precinct, the
22 election official shall clearly indicate upon the list each elector
23 voting at that election. The clerk of a city, village, or township
24 shall maintain a record of voting participation for each registered
25 elector.
26 Sec. 523a. (1) If an individual who has applied to register to
27 vote on or before the close of registration appears at a polling
1 place on election day and completes an application under section
2 523 is not listed on the voter registration list, the election
3 inspector shall issue a ballot to the individual as follows:
4 (a) For an individual who presents a receipt issued by a
5 department of state office, a designated voter registration agency,
6 or the elector's county, city, or township clerk's office verifying
7 the acceptance of a voter registration application before the close
8 of registration and completes a new voter registration application,
9 the election inspector shall allow the individual to vote a ballot
10 in the same manner as an elector whose name is listed on the voter
11 registration list.
12 (b) For an individual who does not present a receipt verifying
13 the acceptance of a voter registration application under
14 subdivision (a), the election inspector shall determine whether the
15 individual is in the appropriate polling place based on residence
16 information provided by the individual. The election inspector
17 shall review any documents or maps in the polling place or
18 communicate with the city or township clerk to verify the
19 appropriate polling place for the individual. The election
20 inspector shall direct an individual who is not in the appropriate
21 polling place to the appropriate polling place. If the individual
22 refuses to go to the appropriate polling place, the election
23 inspector shall issue the individual a provisional ballot that
24 shall must be processed according to subsection (5).
25 (2) Except for an individual who produces a receipt under
26 subsection (1)(a), the election inspector shall require an
27 individual who is not listed on the voter registration list to
1 execute a sworn statement affirming that the individual submitted a
2 voter registration application before the close of registration and
3 is eligible to vote in the election. An individual who provides
4 false information in a signed sworn statement under this subsection
5 is guilty of perjury. An individual signing a sworn statement shall
6 complete a new voter registration application. The individual shall
7 state the approximate date and in what manner the registration
8 application was submitted:
9 (a) To a department of state office.
10 (b) To a designated voter registration agency.
11 (c) To the office of his or her county, city, or township
12 clerk.
13 (d) By a mailed application.
14 (3) The election inspector shall contact the city or township
15 clerk to verify whether the individual who signed the sworn
16 statement is listed in the registration records of the jurisdiction
17 or whether there is any information contrary to the content of the
18 sworn statement.
19 (4) If the city or township clerk verifies the elector
20 information and finds no information contrary to the information
21 provided by the individual in the sworn statement and the
22 individual presents a Michigan operator's or chauffeur's license,
23 department of state issued personal identification card, other
24 government issued government-issued
photo identification card, or a
25 photo identification card issued by an institution of higher
26 education in this state described in section 6 of article VIII of
27 the state constitution of 1963 or a junior college or community
1 college established under section 7 of article VIII of the state
2 constitution of 1963, or a digital photograph of his or her
3 Michigan operator's or chauffeur's license, department of state
4 issued personal identification card, other government-issued photo
5 identification card, or photo identification card issued by an
6 institution of higher education in this state described in section
7 6 of article VIII of the state constitution of 1963 or a junior
8 college or community college established under section 7 of article
9 VIII of the state constitution of 1963 that contains a current
10 residence address to establish his or her identity and residence
11 address, the individual shall be permitted to may vote
a
12 provisional ballot on election day. Before the provisional ballot
13 is tabulated on election day, election inspectors shall process the
14 ballot as a challenged ballot under sections 745 and 746.
15 (5) If the election inspector is not able to contact the city
16 or township clerk, the individual is not in the correct precinct,
17 the individual presents identification other than a Michigan
18 operator's or chauffeur's license, department of state issued
19 personal identification card, other government issued government-
20 issued photo identification
card, or a photo identification card
21 issued by an institution of higher education in this state
22 described in section 6 of article VIII of the state constitution of
23 1963 or a junior college or community college established under
24 section 7 of article VIII of the state constitution of 1963, or a
25 digital photograph of his or her Michigan operator's or chauffeur's
26 license, department of state issued personal identification card,
27 other government-issued photo identification card, or photo
1 identification card issued by an institution of higher education in
2 this state described in section 6 of article VIII of the state
3 constitution of 1963 or a junior college or community college
4 established under section 7 of article VIII of the state
5 constitution of 1963 that contains a current residence address, or
6 the individual is unable to present any identification, the
7 individual shall must
be issued a provisional ballot that is
not
8 tabulated on election day but is secured for verification after the
9 election. A provisional ballot shall must also
be issued under this
10 subsection to a voter who presents a Michigan operator's license,
11 chauffeur's license, department of state personal identification
12 card, other government issued government-issued photo
13 identification card, or a photo identification card issued by an
14 institution of higher education in this state described in section
15 6 of article VIII of the state constitution of 1963 or a junior
16 college or community college established under section 7 of article
17 VIII of the state constitution of 1963, or a digital photograph of
18 his or her Michigan operator's license, chauffeur's license,
19 department of state personal identification card, other government-
20 issued photo identification card, or photo identification card
21 issued by an institution of higher education in this state
22 described in section 6 of article VIII of the state constitution of
23 1963 or a junior college or community college established under
24 section 7 of article VIII of the state constitution of 1963 that
25 does not bear the voter's current residence address, if the voter
26 also presents a document to establish the voter's current residence
27 address. The election inspector shall accept a document containing
1 the name and current residence address of the voter as sufficient
2 documentation to issue a provisional ballot if it is 1 of the
3 following documents:
4 (a) A current utility bill.
5 (b) A current bank statement.
6 (c) A current paycheck, government check, or other government
7 document.
8 (6) A provisional ballot shall must be
placed in a provisional
9 ballot return envelope prescribed by the secretary of state and
10 delivered to the city or township clerk after the polls close in a
11 manner as prescribed by the secretary of state.
12 (7) For a provisional ballot voted under subsection (4), the
13 election inspector shall provide the voter with a notice that his
14 or her ballot has been tabulated. For a provisional ballot voted
15 under subsection (5), the election inspector shall provide the
16 voter with a notice that the voter's information will be verified
17 by the clerk of the jurisdiction within 6 days after the election
18 to determine whether the ballot will be tabulated and, if the
19 ballot is not tabulated, to determine the reason it was not
20 tabulated. A clerk of a jurisdiction shall provide a free access
21 system for the voter to determine whether the ballot was tabulated.
22 The free access system may include a telephone number that does not
23 require a toll charge, a toll-free telephone number, an internet
24 website, or a mailed notice.
25 (8) As used in this section and sections 813 and 829,
26 "provisional ballot" means a special ballot utilized for an
27 individual who is not listed on the voter registration list at the
1 polling place that is tabulated only after verification of the
2 individual's eligibility to vote.
3 Sec. 761. (1) If the clerk of a city, township, or village
4 receives an application for an absent voter ballot from a person
5 registered to vote in that city, township, or village and if the
6 signature on the application agrees with the signature for the
7 person contained in the qualified voter file or on the registration
8 card as required in subsection (2), the clerk immediately upon
9 receipt of the application or, if the application is received
10 before the printing of the absent voter ballots, as soon as the
11 ballots are received by the clerk, shall forward by mail, postage
12 prepaid, or shall deliver personally 1 of the ballots or set of
13 ballots if there is more than 1 kind of ballot to be voted to the
14 applicant. Subject to the identification requirement in subsection
15 (6), absent voter ballots may be delivered to an applicant in
16 person at the office of the clerk.
17 (2) The qualified voter file shall must be
used to determine
18 the genuineness of a signature on an application for an absent
19 voter ballot. Signature comparisons shall must be
made with the
20 digitized signature in the qualified voter file. If the qualified
21 voter file does not contain a digitized signature of an elector, or
22 is not accessible to the clerk, the city or township clerk shall
23 compare the signature appearing on the application for an absent
24 voter ballot to the signature contained on the master card.
25 (3) Notwithstanding section 759, providing that no absent
26 voter applications shall be received by the clerk after 2 p.m. on
27 the Saturday before the election, and subject to the identification
1 requirement in subsection (6), a person qualified to vote as an
2 absent voter may apply in person at the clerk's office before 4
3 p.m. on a day before the election except Sunday or a legal holiday
4 to vote as an absent voter. The applicant shall must receive
his or
5 her absent voter ballot and vote the ballot in the clerk's office.
6 All other absent voter ballots, except ballots delivered pursuant
7 to an emergency absent voter ballot application under section 759b,
8 shall must be mailed or delivered to the registration address
of
9 the applicant unless the application requests delivery to an
10 address outside the city, village, or township or to a hospital or
11 similar institution, in which case the absent voter ballots shall
12 must be mailed or delivered to the address given in the
13 application. However, a clerk may mail or deliver an absent voter
14 ballot, upon request of the absent voter, to a post office box if
15 the post office box is where the absent voter normally receives
16 personal mail and the absent voter does not receive mail at his or
17 her registration address.
18 (4) Absent voter ballots shall must be
issued in the same
19 order in which applications are received by the clerk of a city,
20 township, or village, as nearly as may be, and each ballot issued
21 shall must bear the lowest number of each kind available for
this
22 purpose. However, this provision does not prohibit a clerk from
23 immediately issuing an absent voter ballot to an absent voter who
24 applies in person in the clerk's office for absent voter ballots.
25 The clerk shall enclose with the ballot or ballots a return
26 envelope properly addressed to the clerk and bearing upon the back
27 of the envelope a printed statement in substantially the following
1 form:
|
2 |
TO BE COMPLETED |
|
3 |
BY THE CLERK |
|
4 |
______________________________ ____________________________ |
|
5 |
Name of Voter Street Address or R.R. |
|
6 |
______________________________ ____________________________ |
|
7 |
City, Township or Village County |
|
8 |
Ward ________ Precinct _______ Date of Election _____________ |
|
9 |
================================================================= |
|
10 |
TO BE COMPLETED BY THE ABSENT VOTER |
11 I assert that I am a United States citizen and a qualified and
12 registered elector of the city, township, or village named above. I
13 am voting as an absent voter in conformity with state election law.
14 Unless otherwise indicated below, I personally marked the ballot
15 enclosed in this envelope without exhibiting it to any other
16 person.
17 I further assert that this absent voter ballot is being
18 returned to the clerk or an assistant of the clerk by me
19 personally; by public postal service, express mail service, parcel
20 post service, or other common carrier; by a member of my immediate
21 family; or by a person residing in my household.
|
22 |
DATE: ______________ SIGN HERE: X_________________________ |
|
23 |
Signature of Absent Voter |
|
24 |
The above form must be signed or your vote will not be counted. |
|
25 |
AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY |
|
26 |
OF A MISDEMEANOR. |
|
27 |
================================================================= |
|
28 |
TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING |
|
29 |
BY ANOTHER PERSON |
1 I assisted the above named absent voter who is disabled or
2 otherwise unable to mark the ballot in marking his or her absent
3 voter ballot pursuant to his or her directions. The absent voter
4 ballot was inserted in the return envelope without being exhibited
5 to any other person.
|
6 |
_______________________ __________________ ___________________ |
|
7 |
Signature of Person Street Address City, Twp., or |
|
8 |
Assisting Voter or R.R. Village |
|
9 |
_________________________________________________________________ |
|
10 |
Printed Name of Person Assisting Voter |
|
11 |
A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A |
|
12 |
FALSE STATEMENT IS GUILTY OF A FELONY. |
|
13 |
================================================================= |
|
14 |
WARNING |
15 PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER
16 BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A
17 PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR
18 RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY
19 THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO
20 HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC
21 POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR
22 COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER
23 EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER
24 AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR
25 SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT VOTER
26 BALLOT IS GUILTY OF A FELONY.
27 (5) An absent voter who knowingly makes a false statement on
1 the absent voter ballot return envelope is guilty of a misdemeanor.
2 A person who assists an absent voter and who knowingly makes a
3 false statement on the absent voter ballot return envelope is
4 guilty of a felony.
5 (6) If an elector obtains his or her absent voter ballot in
6 person from the clerk of the city, township, or village in which he
7 or she is registered, the clerk of the city, township, or village
8 shall not provide an absent voter ballot to that elector until the
9 elector identifies himself or herself to the clerk by presenting an
10 official state personal identification card issued to that elector
11 under 1972 PA 222, MCL 28.291 to 28.300, an operator's or
12 chauffeur's license issued to that elector under the Michigan
13 vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or other
generally
14 recognized picture identification card, or a digital photograph of
15 his or her official state personal identification card, operator's
16 or chauffeur's license, or other generally recognized picture
17 identification card. If an elector does not have an official state
18 personal identification
card, operator's or chauffeur's license, or
19 other generally recognized picture identification card, or a
20 digital photograph of his or her official state personal
21 identification card, operator's or chauffeur's license, or other
22 generally recognized picture identification card, the elector may
23 sign an affidavit to that effect before the clerk of the city,
24 township, or village and be allowed to obtain his or her absent
25 voter ballot in person from the clerk. The clerk of the city,
26 village, or township shall indicate to each elector who obtains his
27 or her absent voter ballot in person from the clerk that the
1 elector may sign an affidavit indicating that the elector does not
2 have an official state personal identification card, operator's or
3 chauffeur's license, or other generally recognized picture
4 identification card, or a digital photograph of his or her official
5 state personal identification card, operator's or chauffeur's
6 license, or other generally recognized picture identification card
7 in order to obtain his or her absent voter ballot in person from
8 the clerk. However, if an elector obtains his or her absent voter
9 ballot in person from the clerk and votes by absent voter ballot
10 without providing the identification required under this
11 subsection, the absent voter ballot of that elector shall must be
12 prepared as a challenged ballot as provided in section 727 and
13 shall must be counted as any other ballot is counted unless
14 determined otherwise by a court of law under section 747 or 748 or
15 any other applicable law.
16 Sec. 813. (1) Within 6 days after an election, for each
17 provisional ballot that was placed in a provisional ballot return
18 envelope, the city or township clerk shall determine whether the
19 individual voting the provisional ballot was eligible to vote a
20 ballot and whether to tabulate the provisional ballot. In making
21 this determination, the city or township clerk shall not open the
22 provisional ballot return envelope. A provisional ballot shall must
23 only be tabulated if a valid voter registration record for the
24 elector is located or if the identity and residence of the elector
25 is established using a Michigan operator's license, chauffeur's
26 license, personal identification card, other government issued
27 government-issued photo
identification card, or a photo
1 identification card issued by an institution of higher education in
2 this state described in section 6 of article VIII of the state
3 constitution of 1963 or a junior college or community college
4 established under section 7 of article VIII of the state
5 constitution of 1963, or a digital photograph of his or her
6 Michigan operator's license, chauffeur's license, personal
7 identification card, other government-issued photo identification
8 card, or photo identification card issued by an institution of
9 higher education in this state described in section 6 of article
10 VIII of the state constitution of 1963 or a junior college or
11 community college established under section 7 of article VIII of
12 the state constitution of 1963 along with a document to establish
13 the voter's current residence address as provided in section
14 523a(5). Before the provisional ballot is tabulated, election
15 officials shall process the ballot as a challenged ballot under
16 sections 745 and 746.
17 (2) Within 7 days after an election, but sooner if
18 practicable, the city or township clerk shall transmit the results
19 of provisional ballots tabulated after the election to the board of
20 county canvassers. The results shall must be
transmitted in a form
21 prescribed by the secretary of state.
22 (3) Within 7 days after an election, the city or township
23 clerk shall transmit to the county clerk a provisional ballot
24 report for each precinct in the jurisdiction. The report shall must
25 include for each precinct the number of provisional ballots issued,
26 the number of provisional ballots tabulated on election day, the
27 number of provisional ballots forwarded to the clerk to be
1 determined after the election, the number of provisional ballots
2 tabulated by the clerk after election day, and any additional
3 information concerning provisional ballots as required by the
4 secretary of state.
5 (4) Within 7 days after an election, the city or township
6 clerk shall transmit to the county clerk an affidavit report that
7 includes the number of affidavits signed by voters under section
8 523(2). The affidavit report shall must be
transmitted to the
9 county clerk in a form prescribed by the secretary of state.
10 Enacting section 1. This amendatory act takes effect 90 days
11 after the date it is enacted into law.