House Introduced Bill 4445

HOUSE BILL No. 4445


     March 8, 2001, Introduced by Reps. Whitmer, Kolb, Jacobs, McConico, Rich Brown, Clarke, Mans, Spade, Woodward,
Murphy, Williams, Bovin, Bogardus, Phillips, Neumann, Daniels, Adamini, Rivet, Garza, Gieleghem, Schauer, Dennis, Waters,
Zelenko and Thomas and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 491, 497, and 497a (MCL 168.491, 168.497,

   and 168.497a), sections 491 and 497 as amended by 1989 PA 142 and

   section 497a as amended by 1986 PA 220, and by adding section

   499e.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 491.  The BOARD OF ELECTION inspectors  of election  at

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      an election  or primary election  in this state, or in a dis-

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      trict, county, township, city, or village in this state, shall

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      not receive the vote of a person whose name is not registered in

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      the registration book or listed on the computer voter

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      registration precinct list of the township, ward, or precinct in

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      which he or she offers to vote unless the person has met the


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      requirements of section 507b OR HAS REGISTERED TO VOTE AT THE

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      POLLING PLACE ON THE DAY OF THE ELECTION AS PROVIDED IN SECTION

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      499E.

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           Sec. 497.  (1) A person who is not registered TO VOTE but

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       possesses  MEETS the qualifications of an elector as  set forth
   

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      PROVIDED in section 492  ,  may apply for registration to the

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      clerk of the county, township, city, or village in which he or

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      she resides on a day other than Saturday, Sunday, OR a legal

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      holiday.  , or the day of a regular, primary, school, or special

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      election.  Registrations accepted between the thirtieth day

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       preceding  BEFORE an election and the day  of  BEFORE the
   elec-

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      tion, unless the thirtieth day falls on a Saturday, Sunday, or

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      legal holiday, in which event registration shall be accepted

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      during the following day, are not valid for the election but are

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      valid for A subsequent regular, primary, school, or special

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       elections that are  ELECTION THAT IS held  so that not less
   

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      MORE than 30 days  intervene between  AFTER the date the person

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      registered.  and the date of the election.  A PERSON WHO IS NOT

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      REGISTERED TO VOTE BUT MEETS THE QUALIFICATIONS OF AN ELECTOR AS

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      PROVIDED IN SECTION 492 MAY APPLY FOR REGISTRATION TO THE CLERK

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      OF THE TOWNSHIP, CITY, OR VILLAGE, OR AUTHORIZED ASSISTANT TO THE

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      CLERK AT THE POLLING PLACE ON THE DAY OF AN ELECTION AS PROVIDED

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      IN SECTION 499E.  A REGISTRATION ACCEPTED AT THE POLLING PLACE ON

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      THE DAY OF AN ELECTION IS VALID FOR THAT ELECTION AND ALL SUBSE-

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      QUENT ELECTIONS.

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           (2) Except as otherwise provided in THIS SECTION AND

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      sections  499a to 499c  499E, 500a to 500j, and 504, an



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      application for registration shall not be executed at a place

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      other than the office of the county, township, city, or village

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      clerk or a public place or places designated by the clerk  or

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      deputy registrar  for receiving registrations.  , but the 

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      HOWEVER, A clerk or  deputy registrar  ASSISTANT CLERK may

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      receive an application wherever he or she may be.  If a county,

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      township, city, or village clerk does not regularly keep his or

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      her office open daily during certain hours, the clerk  shall  IS

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      not  be  required to be at his or her office for the purpose of

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      receiving applications for registration on a particular day nor

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      during specific hours of a day, except as provided in section

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      498.  Registrations taken after the time of closing registrations

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      before an election need not be processed until the date immedi-

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      ately following that election.  A registration shall not be

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      placed in a precinct registration file until the date immediately

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      following that election.  If a person registers at a time that

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      registrations are closed for an election, the person shall be

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      given a notice, signed by the clerk, on a form developed by the

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      secretary of state, informing him or her that, UNLESS THE PERSON

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      REGISTERS AT THE POLLING PLACE ON THE DAY OF THE ELECTION, he or

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      she is not eligible to vote in the election and indicating the

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      first date on which he or she is eligible to vote.  Except as

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      provided in sections 500a to 500j, the provisions of this section

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      relating to registration shall apply.

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           Sec. 497a.  The 30-day limitation contained in section 497

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       shall  DOES not apply to a second school millage election

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      allowable under section 36(3) of the general property tax act,



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       Act No. 206 of the Public Acts of 1893, as amended, being

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      section 211.36 of the Michigan Compiled Laws, or to a first

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      school millage election held under section 36(2) during calendar

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      year 1986 if a school district's operating revenue is less than

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      the total operating revenue for the previous school year  1893 PA

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      206, MCL 211.36.  For those elections, a registration  taken on

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      the days intervening  ACCEPTED between the tenth day  preceding
   

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      BEFORE the election and the day  of  BEFORE the election  shall
   

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      IS not  be  valid for that election but  shall be  IS valid
   for a

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      subsequent regular, primary, or special election of the

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      district.  A PERSON MAY REGISTER AT THE POLLING PLACE ON THE DAY

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      OF THE ELECTION AS PROVIDED IN SECTION 499E.

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           SEC. 499E.  (1) THE CLERK OF A CITY, TOWNSHIP, OR VILLAGE

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      SHALL BE PRESENT OR HAVE AN ASSISTANT CLERK BE PRESENT AT A POLL-

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      ING PLACE AT ALL TIMES THE POLLING PLACE IS OPEN ON THE DAY OF AN

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      ELECTION HELD UNDER THIS ACT.  THE CLERK OR ASSISTANT CLERK SHALL

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      RECEIVE APPLICATIONS FOR REGISTRATION AS PROVIDED IN THIS

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      SECTION.

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           (2) IN ADDITION TO ALL OTHER RIGHTS TO REGISTRATION UNDER

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      THIS CHAPTER, AN ELECTOR ENTITLED TO REGISTRATION IN AN ELECTION

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      PRECINCT MAY BECOME REGISTERED IN THE PRECINCT BY APPLYING IN

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      PERSON TO A CLERK OR ASSISTANT CLERK AT THE POLLING PLACE ON THE

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      DAY OF AN ELECTION.  THE ELECTOR SHALL EXECUTE IN DUPLICATE A

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      REGISTRATION SWORN STATEMENT AND SWEAR TO AND SIGN THE SWORN

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      STATEMENT IN THE PRESENCE OF THE CLERK OR ASSISTANT CLERK.

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           (3) THE CLERK OR ASSISTANT CLERK SHALL REQUIRE THE APPLICANT

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      FOR REGISTRATION TO ANSWER UNDER OATH A QUESTION CONCERNING THE



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      ELECTOR'S QUALIFICATION AS AN ELECTOR.  THE CLERK OR ASSISTANT

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      CLERK MAY ADMINISTER OATHS AND SWEAR PERSONS AS TO THE TRUTH OF

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      STATEMENTS CONTAINED IN REGISTRATION SWORN STATEMENTS.  THE CLERK

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      MAY EMPLOY AND SWEAR AN INTERPRETER TO INTERPRET ALL QUESTIONS

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      PUT TO AN APPLICANT AND THE ANSWERS TO THOSE QUESTIONS.  IF THE

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      APPLICANT, IN ANSWER TO A QUESTION OR IN THE REGISTRATION SWORN

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      STATEMENT, MAKES A MATERIAL STATEMENT THAT IS FALSE, THE APPLI-

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      CANT IS GUILTY OF A MISDEMEANOR.

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           (4) IF THE APPLICANT IS ENTITLED TO REGISTRATION, THE CLERK

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      OR ASSISTANT CLERK SHALL PERSONALLY SIGN AND NOTE ON THE CARD THE

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      ACCEPTANCE OF THE REGISTRATION.  IF THE REGISTRATION IS REFUSED,

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      THE CLERK OR ASSISTANT CLERK SHALL DESTROY THE CARD OF THE

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      APPLICANT.  CARDS VALIDATED BY THIS SECTION SHALL BE DESIGNATED

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      AS PRESCRIBED BY THE SECRETARY OF STATE.  THE CLERK OR ASSISTANT

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      CLERK SHALL NOT ACCEPT A FEE FROM AN ELECTOR APPLYING FOR REGIS-

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      TRATION, EITHER FOR THE REGISTERING OF THE ELECTOR OR FOR THE

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      TAKING OF THE ACKNOWLEDGMENT ON THE SWORN STATEMENT.  A CLERK OR

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      ASSISTANT CLERK WHO ACCEPTS A FEE IS GUILTY OF A MISDEMEANOR.

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           (5) IMMEDIATELY AFTER APPROVING AN APPLICATION FOR REGISTRA-

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      TION UNDER SUBSECTION (4), THE CLERK OR ASSISTANT CLERK SHALL

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      PREPARE A REGISTRATION CARD OR AN INSERT TO A REGISTRATION LIST

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      IN A FORM PRESCRIBED BY THE SECRETARY OF STATE.  THE CLERK OR

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      ASSISTANT CLERK SHALL HAVE THE REGISTRATION CARD OR INSERT TO A

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      REGISTRATION LIST TRANSFERRED TO THE BOARD OF ELECTION INSPECTORS

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      AT THE POLLING PLACE IN ORDER FOR THE NEWLY REGISTERED ELECTOR TO

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      APPLY TO VOTE AS PROVIDED IN SECTION 523.





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           (6) THE CLERK SHALL PREPARE AND SEND A VOTER IDENTIFICATION

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      CARD IN THE MANNER PRESCRIBED FOR CORRECTED VOTER IDENTIFICATION

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      CARDS IN SECTION 499(3) AS SOON AS PRACTICAL AFTER THE ELECTION.


















































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