ABSENTEE BALLOT APPLICATIONS

House Bill 5543 (proposed substitute H-1)

Sponsor:  Rep. Brad Paquette

Committee:  Elections and Ethics

Complete to 3-11-20

SUMMARY:

House Bill 5543 would amend Chapter 28 (Holding of Elections: Absent Voters) of the Michigan Election Law to revise the rules for applying for an absentee ballot. The rules for all elections and primaries listed in the section are identical.

 

The bill would allow a single application to be used for all elections held during a calendar year. If the Secretary of State (SOS) provided an absentee ballot application that contained more options than a city or township application and was otherwise in compliance, the city or township clerk would have to honor the election options requested by the voter on the SOS absentee ballot application.

Currently, an elector can apply for an absentee ballot at any time during the 75 days before a primary, special primary, election, or special election, until 8 p.m. on the day of the election or primary. A clerk is prohibited from sending an absentee ballot to an elector by first-class mail any later than 5 p.m. on the Friday before the primary, special primary, election, or special election.

The bill would add the provision that, in addition to applying for an absentee ballot by a signed written request, on the city or township’s application form, or on a federal postcard application, a voter could apply on an absentee ballot application form provided for that purpose by the SOS.

Additionally, the application form available at city and township clerks’ offices would have to include the following options for which a voter could request absentee ballots: 

·         Any individual primary or special primary or election or special election.

·         Both the primary or special primary and the election or special election.

·         Any of those four types of elections to be held in a given calendar year.

MCL 168.759

BACKGROUND:

The bill is understood as an attempt to clarify the rules for absentee ballot applications. The current application available through the SOS website,[1] excerpted below, lists the options that the voter receive ballots for the presidential primary election, or the presidential primary election and the November general election. The bill would clarify that such an application is allowed.  

[Please see the PDF version of this analysis, if available, to view this image.]

The section was last amended[2] to account for the changes in absentee voting procedures instituted by the adoption of Proposal 3 of 2018.[3]

FISCAL IMPACT:

The bill would have no fiscal impact on state or local government.

                                                                                         Legislative Analyst:   Jenny McInerney

                                                                                                 Fiscal Analyst:   Michael Cnossen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.

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