House Introduced Bill 4867

HOUSE BILL No. 4867

June 5, 2001, Introduced by Reps. Waters, Garza, Kolb, Spade, Murphy, Zelenko, Whitmer, Thomas, Woodward, Daniels, Phillips, Frank, Plakas,
Switalski, Schermesser, Jacobs, Callahan, Lockwood, Lipsey, Williams, Reeves, Bernero, Rich Brown, Bovin, O'Neil, McConico, Quarles, Pestka,
Adamini, Hale, Clark, Schauer, Minore, Wojno, Gieleghem, Bogardus, Stallworth, Rivet, Hansen, Clarke, Jamnick, Kilpatrick, Dennis and Lemmons and
referred to the Committee on Redistricting and Elections.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 31, 33, 491, 497, 497a, 509n, 683, 720, 727,

744, 758, 759, 759b, 770, and 796a (MCL 168.31, 168.33, 168.491,

168.497, 168.497a, 168.509n, 168.683, 168.720, 168.727, 168.744,

168.758, 168.759, 168.759b, 168.770, and 168.796a), section 31 as

amended by 1999 PA 220, section 33 as amended by 1996 PA 583,

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

amended by 1986 PA 220, section 509n as amended by 1999 PA 216,

sections 727, 744, and 759 as amended by 1995 PA 261, section 758

as amended by 1996 PA 207, and section 796a as amended by 1998 PA

215, and by adding sections 499e, 720a, 755, and 773a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 31. (1) The secretary of state shall do all of the

2
following:

02580'01 CAS 2

1
(a) Subject to subsection (2), issue instructions and

2
promulgate rules pursuant to UNDER the administrative proce-

3
dures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the

4
conduct of elections and registrations in accordance with the

5
laws of this state.

6
(b) Advise and direct local election officials as to the

7
proper methods of conducting elections.

8
(c) Publish and furnish for the use in each election pre-

9
cinct before each state primary, GENERAL, and SPECIAL election a

10
manual of instructions that includes specific instructions on

11
assisting voters in casting their ballots, directions on the

12
location of voting stations in polling places, procedures and

13
forms for processing challenges, and procedures on prohibiting

14
campaigning in the polling places as prescribed in this act.

15
(d) Publish indexed pamphlet copies of the registration,

16
primary, and election laws and furnish to the various county,

17
city, township, and village clerks a sufficient number of copies

18
for their own use and to enable them to include 1 copy with the

19
election supplies furnished each precinct board of election

20
inspectors under their respective jurisdictions. The secretary

21
of state may furnish single copies of the publications to organi-

22
zations or individuals who request the same for purposes of

23
instruction or public reference.

24
(e) Prescribe and require uniform forms, notices, and sup-

25
plies the secretary of state considers advisable for use in the

26
conduct of elections and registrations.

02580'01 3

1
(f) Prepare the form of ballot for any A proposed

2
amendment to the constitution or proposal under the initiative or

3
referendum provision of the constitution to be submitted to the

4
voters of this state.

5
(g) Require reports from the local election officials the

6
secretary of state considers necessary.

7
(h) Investigate, or cause to be investigated by local

8
authorities, the administration of election laws, and report vio-

9
lations of the election laws and regulations to the attorney gen-

10
eral or prosecuting attorney, or both, for prosecution.

11
(i) Publish in the legislative manual the vote for governor

12
and secretary of state by townships and wards and the vote for

13
members of the state legislature cast at the preceding November

14
election , which shall be THAT IS returned to the secretary of

15
state by the county clerks on or before the first day of December

16
following the election. All clerks EACH CLERK shall furnish to

17
the secretary of state, promptly and without compensation, any

18
further information requested of them THE CLERK to be used in

19
the compilation of the legislative manual.

20
(j) Establish a curriculum for comprehensive training and

21
accreditation of all county, city, township, village, and school

22
elections officials. THE CURRICULUM SHALL INCLUDE TRAINING

23
REGARDING STANDARDS OF APPROPRIATE CONDUCT BY ELECTION OFFICIALS.

24
(k) Establish and require attendance by all new appointed or

25
elected election officials at an initial course of instruction

26
within 6 months before the date of the election.

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1
(l) Establish a comprehensive training curriculum for all

2
precinct ELECTION inspectors. THE CURRICULUM SHALL INCLUDE

3
TRAINING REGARDING STANDARDS OF APPROPRIATE CONDUCT BY ELECTION

4
INSPECTORS.

5
(m) Create an election day dispute resolution team that has

6
regional representatives of the department of state , which team

7
shall TO appear on site, if necessary.

8
(N) IN COOPERATION WITH LOCAL CLERKS, DEVELOP AND IMPLEMENT

9
ALL OF THE FOLLOWING:

10
(i) NEIGHBORHOOD VOTER EDUCATION SEMINARS.

11
(ii) MAILINGS TO VOTERS PROVIDING INSTRUCTION IN THE USE OF

12
VOTING EQUIPMENT AND OTHER PERTINENT ISSUES.

13
(iii) A TOLL-FREE LINE TO ANSWER PREELECTION QUESTIONS.

14
(2) Pursuant to IN ACCORDANCE WITH the administrative pro-

15
cedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the sec-

16
retary of state may promulgate rules establishing uniform stan-

17
dards for state and local nominating, recall, and ballot question

18
petition signatures. The standards for petition signatures may

19
include, but need not be limited to, standards for all of the

20
following:

21
(a) Determining the validity of registration of a circulator

22
or individual signing a petition.

23
(b) Determining the genuineness of the signature of a circu-

24
lator or individual signing a petition.

25
(c) Proper designation of the place of registration of a

26
circulator or individual signing a petition.

02580'01 5

1
Sec. 33. (1) The director of elections shall conduct

2
training schools throughout this state preceding BEFORE the

3
general November election, and preceding such BEFORE other

4
elections as the director considers advisable, for county clerks

5
and their representatives with respect to the conducting of elec-

6
tions in accordance with the election laws. In case any IF A

7
county clerk shall fail FAILS to conduct in his or her county a

8
training school for election boards within the county, the direc-

9
tor of elections shall conduct such THE training school ,
AND

10
CHARGE the cost of the training school to be charged as an obli-

11
gation of the county.

12
(2) The director of elections shall train all county, city,

13
and township clerks who are involved in the training of

14
precinct ELECTION inspectors. The training CURRICULUM shall

15
include team training and monitoring of their performance as

16
trainers. THE TRAINING CURRICULUM SHALL ALSO INCLUDE STANDARDS

17
OF APPROPRIATE CONDUCT BY ELECTION OFFICIALS, INCLUDING CIVILITY

18
AND INTERPERSONAL RELATIONS.

19
(3) The director of elections shall conduct all precinct

20
ELECTION inspector training in counties where the clerk has not

21
been accredited to conduct the training schools SCHOOL.

22
Sec. 491. The BOARD OF ELECTION inspectors of election at

23
an election A GENERAL, SPECIAL, or primary election in this

24
state, or in a district, county, township, city, or village in

25
this state, shall not receive the vote of a person whose name is

26
not registered in the registration book or listed on the computer

27
voter registration precinct list of the township, ward, or

02580'01 6

1
precinct in which he or she offers to vote unless the person has

2
met the requirements of section 507b OR HAS REGISTERED TO VOTE AT

3
THE POLLING PLACE ON THE DAY OF THE ELECTION AS PROVIDED IN SEC-

4
TION 499E.

5
Sec. 497. (1) A person who is not registered TO VOTE but

6
possesses MEETS the qualifications of an elector as set
forth

7
PROVIDED in section 492 , may apply for registration to the

8
clerk of the county, township, city, or village in which he or

9
she resides on a day other than Saturday, Sunday, OR a legal

10
holiday. , or the day of a regular, primary, school, or special

11
election. Registrations accepted between BEGINNING the
thirti-

12
eth day preceding BEFORE an election and THROUGH the day of

13
BEFORE the election, unless the thirtieth day falls on a

14
Saturday, Sunday, or legal holiday, in which event registration

15
shall be accepted during the following day, are not valid for the

16
election but are valid for A subsequent regular, primary, school,

17
or special elections that are ELECTION THAT IS held so that

18
not less MORE than 30 days intervene between AFTER the date

19
the person registered. and the date of the election. A PERSON

20
WHO IS NOT REGISTERED TO VOTE BUT MEETS THE QUALIFICATIONS OF AN

21
ELECTOR AS PROVIDED IN SECTION 492 MAY APPLY FOR REGISTRATION TO

22
THE CLERK OF THE TOWNSHIP, CITY, OR VILLAGE, OR AUTHORIZED

23
ASSISTANT TO THE CLERK AT THE POLLING PLACE ON THE DAY OF AN

24
ELECTION AS PROVIDED IN SECTION 499E. A REGISTRATION ACCEPTED AT

25
THE POLLING PLACE ON THE DAY OF AN ELECTION IS VALID FOR THAT

26
ELECTION AND EACH SUBSEQUENT ELECTION.

02580'01 7

1
(2) Except as otherwise provided in THIS SECTION AND

2
sections 499a to 499c 499E, 500a to 500j, and 504, an

3
application for registration shall not be executed at a place

4
other than the office of the county, township, city, or village

5
clerk or a public place or places designated by the clerk or

6
deputy registrar for receiving registrations. , but the

7
HOWEVER, A clerk or deputy registrar ASSISTANT CLERK may

8
receive an application wherever he or she may be. If a county,

9
township, city, or village clerk does not regularly keep his or

10
her office open daily during certain hours, the clerk shall IS

11
not be required to be at his or her office for the purpose of

12
receiving applications for registration on a particular day nor

13
during specific hours of a day, except as provided in section

14
498. Registrations taken after the time of closing registrations

15
before an election need not be processed until the date immedi-

16
ately following that election. A registration shall not be

17
placed in a precinct registration file until the date immediately

18
following that election. If a person registers at a time that

19
registrations are closed for an election, the person shall be

20
given a notice, signed by the clerk, on a form developed by the

21
secretary of state, informing him or her that, UNLESS THE PERSON

22
REGISTERS AT THE POLLING PLACE ON THE DAY OF THE ELECTION, he or

23
she is not eligible to vote in the election and indicating the

24
first date on which he or she is eligible to vote. Except as

25
provided in sections 500a to 500j, the provisions of this section

26
relating to registration shall apply.

02580'01 8

1
Sec. 497a. The 30-day limitation contained in section 497

2
shall DOES not apply to a second school millage election

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

4
Act No. 206 of the Public Acts of 1893, as amended, being

5
section 211.36 of the Michigan Compiled Laws, or to a first

6
school millage election held under section 36(2) during calendar

7
year 1986 if a school district's operating revenue is less than

8
the total operating revenue for the previous school year 1893 PA

9
206, MCL 211.36. For those elections, a registration taken on

10
the days intervening between ACCEPTED BEGINNING the tenth day

11
preceding BEFORE the election and THROUGH the day of
BEFORE

12
the election shall IS not be valid for that election but

13
shall be IS valid for a subsequent regular, primary, or special

14
election of the district. A PERSON MAY REGISTER AT THE POLLING

15
PLACE ON THE DAY OF THE ELECTION AS PROVIDED IN SECTION 499E.

16
SEC. 499E. (1) THE CLERK OF A CITY, TOWNSHIP, OR VILLAGE

17
SHALL BE PRESENT OR HAVE AN ASSISTANT CLERK BE PRESENT AT A POLL-

18
ING PLACE AT ALL TIMES THE POLLING PLACE IS OPEN ON THE DAY OF AN

19
ELECTION HELD UNDER THIS ACT. THE CLERK OR ASSISTANT CLERK SHALL

20
RECEIVE APPLICATIONS FOR REGISTRATION AS PROVIDED IN THIS

21
SECTION.

22
(2) IN ADDITION TO ALL OTHER RIGHTS TO REGISTRATION UNDER

23
THIS CHAPTER, AN ELECTOR ENTITLED TO REGISTRATION IN AN ELECTION

24
PRECINCT MAY BECOME REGISTERED IN THE PRECINCT BY APPLYING IN

25
PERSON TO A CLERK OR ASSISTANT CLERK AT THE POLLING PLACE ON THE

26
DAY OF AN ELECTION. THE ELECTOR SHALL EXECUTE IN DUPLICATE A

02580'01 9

1
REGISTRATION SWORN STATEMENT AND SWEAR TO AND SIGN THE SWORN

2
STATEMENT IN THE PRESENCE OF THE CLERK OR ASSISTANT CLERK.

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

4
FOR REGISTRATION TO ANSWER UNDER OATH A QUESTION CONCERNING THE

5
ELECTOR'S QUALIFICATION AS AN ELECTOR. THE CLERK OR ASSISTANT

6
CLERK MAY ADMINISTER OATHS AND SWEAR PERSONS AS TO THE TRUTH OF

7
STATEMENTS CONTAINED IN REGISTRATION SWORN STATEMENTS. THE CLERK

8
MAY EMPLOY AND SWEAR AN INTERPRETER TO INTERPRET ALL QUESTIONS

9
PUT TO AN APPLICANT AND THE ANSWERS TO THOSE QUESTIONS. IF THE

10
APPLICANT, IN ANSWER TO A QUESTION OR IN THE REGISTRATION SWORN

11
STATEMENT, MAKES A MATERIAL STATEMENT THAT IS FALSE, THE APPLI-

12
CANT IS GUILTY OF A MISDEMEANOR.

13
(4) IF THE APPLICANT IS ENTITLED TO REGISTRATION, THE CLERK

14
OR ASSISTANT CLERK SHALL PERSONALLY SIGN AND NOTE ON THE CARD THE

15
ACCEPTANCE OF THE REGISTRATION. IF THE REGISTRATION IS REFUSED,

16
THE CLERK OR ASSISTANT CLERK SHALL DESTROY THE CARD OF THE

17
APPLICANT. CARDS VALIDATED BY THIS SECTION SHALL BE DESIGNATED

18
AS PRESCRIBED BY THE SECRETARY OF STATE. THE CLERK OR ASSISTANT

19
CLERK SHALL NOT ACCEPT A FEE FROM AN ELECTOR APPLYING FOR REGIS-

20
TRATION, EITHER FOR THE REGISTERING OF THE ELECTOR OR FOR THE

21
TAKING OF THE ACKNOWLEDGMENT ON THE SWORN STATEMENT. A CLERK OR

22
ASSISTANT CLERK WHO ACCEPTS A FEE IS GUILTY OF A MISDEMEANOR.

23
(5) IMMEDIATELY AFTER APPROVING AN APPLICATION FOR REGISTRA-

24
TION UNDER SUBSECTION (4), THE CLERK OR ASSISTANT CLERK SHALL

25
PREPARE A REGISTRATION CARD OR AN INSERT TO A REGISTRATION LIST

26
IN A FORM PRESCRIBED BY THE SECRETARY OF STATE. THE CLERK OR

27
ASSISTANT CLERK SHALL HAVE THE REGISTRATION CARD OR INSERT TO A

02580'01 10

1
REGISTRATION LIST TRANSFERRED TO THE BOARD OF ELECTION INSPECTORS

2
AT THE POLLING PLACE IN ORDER FOR THE NEWLY REGISTERED ELECTOR TO

3
APPLY TO VOTE AS PROVIDED IN SECTION 523.

4
(6) THE CLERK SHALL PREPARE AND SEND A VOTER IDENTIFICATION

5
CARD IN THE MANNER PRESCRIBED FOR CORRECTED VOTER IDENTIFICATION

6
CARDS IN SECTION 499 AS SOON AS PRACTICAL AFTER THE ELECTION.

7
Sec. 509n. The secretary of state is responsible for the

8
coordination of the requirements imposed under this chapter and

9
the national voter registration act of 1993. The secretary of

10
state shall do all of the following:

11
(a) Develop a mail registration form and make the form

12
available for distribution through governmental and private enti-

13
ties, with special emphasis on making the form available to voter

14
registration programs established for the purpose of registering

15
citizens of this state to vote.

16
(b) Instruct designated voter registration agencies; county,

17
city, township, and village clerks; and school officials regard-

18
ing the voter registration procedures and requirements imposed by

19
law.

20
(c) By June 15 of each odd numbered year, submit to each

21
member of the committees of the senate and house of representa-

22
tives with primary responsibility for election matters a report

23
on the qualified voter file. The report shall include, but

24
need IS not be limited to, both of the following:

25
(i) Information on the efficiency and effectiveness of the

26
qualified voter file as a voter registration system.

02580'01 11

1
(ii) Any recommendations RECOMMENDATIONS of the secretary

2
of state for amendments to this act to increase the efficiency

3
and effectiveness of the qualified voter file as a voter regis-

4
tration system.

5
(D) IN COOPERATION WITH COUNTY, CITY, TOWNSHIP, AND VILLAGE

6
CLERKS, MAINTAIN THE ACCURACY OF THE QUALIFIED VOTER FILE. THE

7
SECRETARY OF STATE SHALL PROVIDE QUALIFIED VOTER FILE INFORMATION

8
TO A LOCAL CLERK AT LEAST 1 WEEK BEFORE AN ELECTION TO PERMIT THE

9
CLERK ADEQUATE TIME TO REVIEW THE INFORMATION AND UPDATE REGIS-

10
TRATION RECORDS.

11
Sec. 683. Each county clerk prior to each primary, and

12
GENERAL, AND SPECIAL election shall, by some reliable means,

13
notify the clerk of each township and city in the county of a

14
training school for election inspectors to be held at a place

15
designated by the county clerk within 20 days prior to each

16
BEFORE A primary, general, and special election. The township

17 and city clerks shall notify each election inspector appointed to

18
serve at that election of the time and place of such THE train-

19
ing school. At such meeting THE TRAINING SCHOOL, the county

20
clerk shall TRAIN ELECTION INSPECTORS IN ACCORDANCE WITH THE CUR-

21
RICULUM ESTABLISHED IN SECTIONS 31 AND 33, AND SHALL instruct and

22
demonstrate the manner in which HOW the duties of election

23
inspectors are required by law to be performed. It shall be the

24
duty of the ELECTION inspectors, so notified UNDER THIS

25
SECTION, to attend such meeting THE TRAINING SCHOOL unless

26
excused by the county clerk for good cause. Compensation FOR

27
ATTENDING THE TRAINING SCHOOL may be paid them therefor by their

02580'01 12

1
respective municipalities at such rate as may be determined by

2
the governing bodies TO AN ELECTION INSPECTOR UNDER SECTION

3
682. No inspector of AN election INSPECTOR shall NOT serve in

4
any AN election unless he shall have OR SHE HAS BEEN
CERTI-

5
FIED TO HAVE within the last preceding 2 years either attended

6
AND SUCCESSFULLY COMPLETED an election TRAINING school or shall

7
have passed satisfactorily an examination given by the
elec-

8
tion commission of the city, township, or village in which HE OR

9
SHE WAS appointed. The examination shall be subject to the

10
approval of the secretary of state. This section shall DOES

11
not prevent the appointment of an inspector of election

12
INSPECTOR to fill a vacancy. This section shall DOES not pro-

13
hibit any A city or any township having a population of

14
10,000 or more from conducting its own training school for elec-

15
tion inspectors of that city or township. in which case

16
election ELECTION inspectors who have attended such A CITY
OR

17
TOWNSHIP TRAINING school shall ARE not be required to
attend

18
the county training school.

19
Sec. 720. (1) On the day of any AN election, the polls

20
shall be opened OPEN at 7 o'clock in the forenoon, A.M.
and

21
shall be continuously open until 8 o'clock in the afternoon and

22
no longer P.M. Every EACH qualified elector present and in

23
line at the polls at the hour prescribed for the closing

24
thereof TIME shall be allowed to vote.

25
(2) IN A JURISDICTION CONDUCTING EARLY VOTING UNDER SECTION

26
720A, THE POLLS SHALL OPEN AND CLOSE AT THE HOURS DESIGNATED BY

27
THE CLERK CONDUCTING THE ELECTION. THE CLERK SHALL POST THE

02580'01 13

1
HOURS THAT THE POLLS WILL BE OPEN AT EACH EARLY VOTING POLLING

2
PLACE AND SHALL PROVIDE NOTICE TO ELECTORS OF THE LOCATION OF

3
EACH EARLY VOTING POLLING PLACE AND THE DATES AND HOURS THE EARLY

4
VOTING POLLING PLACE WILL BE OPEN. THE NOTICE TO ELECTORS SHALL

5
SUBSTANTIALLY COMPLY WITH THE FORM IN SECTION 653A.

6
SEC. 720A. (1) BEGINNING JANUARY 1, 2002, LOCAL JURISDIC-

7
TIONS MAY PARTICIPATE IN EARLY VOTING. THE SECRETARY OF STATE

8
SHALL APPROVE A PLAN FOR EARLY VOTING SUBMITTED BY A LOCAL JURIS-

9
DICTION IF IT MEETS THE GUIDELINES ESTABLISHED BY THE SECRETARY

10
OF STATE. THE GUIDELINES SHALL INCLUDE, BUT ARE NOT LIMITED TO,

11
THE FOLLOWING:

12
(A) THE PLAN SUBMITTED BY A LOCAL JURISDICTION SHALL CONTAIN

13
A COMMITMENT FROM THE LEGISLATIVE BODY OF THE LOCAL JURISDICTION

14
TO CONDUCT EARLY VOTING.

15
(B) EARLY VOTING IN A LOCAL JURISDICTION SHALL BE PLANNED

16
AND IMPLEMENTED TO REDUCE DELAYS AND CONGESTION AT THE POLLS ON

17
ELECTION DAY.

18
(C) POLLING PLACES SELECTED FOR EARLY VOTING SHALL BE CON-

19
VENIENT FOR ELECTORS AND MAY INCLUDE COMMUNITY CENTERS, SHOPPING

20
MALLS, OR OTHER LOCATIONS OPEN TO THE PUBLIC.

21
(2) THE SECRETARY OF STATE SHALL COOPERATE WITH A JURISDIC-

22
TION CONDUCTING EARLY VOTING AND PROVIDE TECHNICAL ASSISTANCE TO

23
A JURISDICTION REQUESTING TECHNICAL ASSISTANCE.

24
(3) A JURISDICTION CONDUCTING EARLY VOTING SHALL FOLLOW THE

25
PROVISIONS OF THIS ACT REGARDING ALL OF THE FOLLOWING:

26
(A) SELECTION OF AN EARLY VOTING POLLING PLACE.

02580'01 14

1
(B) ELECTION INSPECTORS.

2
(C) CHALLENGES TO VOTERS.

3
(D) POLL BOOK AND POLL LIST.

4
(E) NOTICES, INSTRUCTIONS, AND PLACARDS.

5
(F) SECURITY OF A VOTING MACHINE OR OTHER VOTING SYSTEM.

6
(G) BALLOT SECURITY, BALLOT CONTAINERS, BALLOT COUNTING, AND

7
BALLOT PRESERVATION.

8
(4) "EARLY VOTING", AS USED IN SECTION 720 AND THIS SECTION,

9
MEANS THE PERIOD OF TIME FROM 1 WEEK BEFORE A PRIMARY, GENERAL,

10
OR SPECIAL ELECTION THROUGH THE DAY BEFORE A PRIMARY, GENERAL, OR

11
SPECIAL ELECTION WHEN A QUALIFIED AND REGISTERED ELECTOR MAY VOTE

12
IN PERSON AT A POLLING PLACE DESIGNATED BY THE CLERK CONDUCTING

13
THE ELECTION.

14
Sec. 727. (1) An election inspector shall challenge a

15
person applying for ballots AN APPLICANT FOR A BALLOT if the

16
ELECTION inspector knows or has good reason to suspect THAT the

17
applicant is not a qualified and registered elector of the pre-

18
cinct, or if a challenge appears in connection with the

19
applicant's name in the registration book. A registered elector

20
of the precinct present in the polling place may challenge the

21
right of anyone attempting to vote if the elector knows or has

22
good reason to suspect that person THE INDIVIDUAL is not a reg-

23
istered elector in that precinct. An election inspector or other

24
qualified challenger may challenge the right of a person AN

25
INDIVIDUAL attempting to vote who has previously applied for an

26
absent voter ballot and who on election day is claiming to have

02580'01 15

1
never received the absent voter ballot or to have lost or

2
destroyed the absent voter ballot.

3
(2) Upon a challenge being made under subsection (1), an

4
election inspector shall immediately do all of the following:

5
(a) Identify pursuant to section AS PROVIDED IN

6
SECTIONS 745 AND 746 any A ballot voted by the challenged indi-

7
vidual, if any.

8
(b) Make a written report including all of the following

9
information:

10
(i) All election disparities or infractions complained of or

11
believed to have occurred.

12
(ii) The name of the person INDIVIDUAL making the

13
challenge.

14
(iii) The time of the challenge.

15
(iv) The name, telephone number, and address of the chal-

16
lenged individual.

17
(v) Any other OTHER information considered appropriate by

18
the election inspector.

19
(c) Retain the written report created under subdivision (b)

20
and make it a part of the election record.

21
(D) INFORM A CHALLENGED ELECTOR OF HIS OR HER RIGHTS UNDER

22
SECTION 729.

23
(3) A challenger shall not make a challenge indiscriminately

24
and without good cause. A challenger shall not handle the poll

25
books while observing election procedures or the ballots during

26
the counting of the ballots. A challenger shall not interfere

27
with or unduly delay the work of the election inspectors. A

02580'01 16

1
person who challenges a qualified and registered elector of a

2
voting precinct for the purpose of annoying or delaying voters is

3
guilty of a misdemeanor.

4
(4) PRINTED INSTRUCTIONS INFORMING AN ELECTOR CHALLENGED

5
UNDER SUBSECTION (1) OF THE CHALLENGED ELECTOR'S RIGHTS UNDER

6
SECTION 729 SHALL BE PRINTED IN LARGE TYPE AND CONSPICUOUSLY DIS-

7
PLAYED IN EACH POLLING PLACE.

8
Sec. 744. (1) An election inspector or any other
person

9
INDIVIDUAL in the polling room or PLACE, in a compartment con-

10
nected to the polling room PLACE, or within 100 feet from
any

11
AN entrance to the building in which the polling place is located

12
shall not persuade or endeavor to persuade a person AN

13
INDIVIDUAL to vote for or against any A particular candidate or

14
party ticket, or for or against any A ballot question that is

15
being voted on at the election. A person AN INDIVIDUAL shall

16
not place or distribute stickers, other than stickers provided by

17
the election officials pursuant to law UNDER THIS ACT, in the

18
polling room PLACE or in a compartment connected to the polling

19
room PLACE or within 100 feet from any AN entrance to the

20
building in which the polling place is located.

21
(2) A person shall not solicit donations, gifts, contribu-

22
tions, purchase of tickets, or similar demands, or request or

23
obtain signatures on petitions in the polling room or PLACE, in

24
a compartment connected to the polling room PLACE, or within

25
100 feet from any AN entrance to the building in which the

26
polling place is located.

02580'01 17

1
(3) On election day, a person shall not post, display, or

2
distribute in a polling place, in any A hallway used by voters

3
to enter or exit a polling place, or within 100 feet of an

4
entrance to a building in which a polling place is located any

5
material that directly or indirectly makes reference to an elec-

6
tion, a candidate, or a ballot question. This subsection does

7
not apply to official material that is required by law to be

8
posted, displayed, or distributed in a polling place on election

9
day. FOR THE PURPOSE OF THIS SUBSECTION, "ELECTION DAY" INCLUDES

10
EARLY VOTING UNDER SECTION 720A.

11
(4) AN ELECTION INSPECTOR OR OTHER INDIVIDUAL IN THE POLLING

12
PLACE OR WITHIN 100 FEET FROM AN ENTRANCE TO THE BUILDING IN

13
WHICH THE POLLING PLACE IS LOCATED SHALL NOT ASK AN ELECTOR THE

14
FOLLOWING QUESTIONS:

15
(A) IF THE ELECTOR OWES BACK CHILD SUPPORT.

16
(B) IF THE ELECTOR HAS AN OUTSTANDING WARRANT FOR HIS OR HER

17
ARREST.

18
(C) IF THE ELECTOR HAS BEEN CONVICTED OF A FELONY.

19
(5) (4) A person who violates this section is guilty of a

20
misdemeanor.

21
SEC. 755. (1) IF A BOARD OF ELECTION COMMISSIONERS DETER-

22
MINES THAT THE NUMBER OF NON-ENGLISH-SPEAKING ELECTORS IN A PRE-

23
CINCT INDICATES A NEED FOR AN INTERPRETER, A BOARD OF ELECTION

24
COMMISSIONERS MAY APPOINT AN INDIVIDUAL WHO IS FLUENT IN THAT

25
NON-ENGLISH LANGUAGE TO SERVE AS AN INTERPRETER TO ASSIST ELEC-

26
TORS IN THAT PRECINCT. AN INDIVIDUAL APPOINTED UNDER THIS

27
SECTION SHALL ONLY PROVIDE TO ELECTORS REQUIRING ASSISTANCE IN A

02580'01 18

1
NON-ENGLISH LANGUAGE THE SAME TYPE OF ASSISTANCE THAT AN ELECTION

2
INSPECTOR MAY PROVIDE TO AN ENGLISH SPEAKING ELECTOR.

3
(2) AN INDIVIDUAL APPOINTED AS AN INTERPRETER UNDER THIS

4
SECTION SHALL MEET ALL THE FOLLOWING QUALIFICATIONS:

5
(A) EXCEPT FOR THE REQUIREMENT OF POLITICAL PARTY AFFILIA-

6
TION, AN INTERPRETER SHALL HAVE THE QUALIFICATIONS OF AN ELECTION

7
INSPECTOR UNDER SECTION 677.

8
(B)VERBAL AND WRITTEN FLUENCY IN ENGLISH AND A NON-ENGLISH

9
LANGUAGE.

10
(C) THE INTERPRETER SHALL SIGN A SWORN STATEMENT THAT HE OR

11
SHE WILL INTERPRET AND TRANSLATE LITERALLY AND WITHOUT

12
PARAPHRASING.

13
(D) THE INTERPRETER SHALL NOT ATTEMPT TO INFLUENCE AN ELEC-

14
TOR TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT QUESTION ON THE

15
BALLOT.

16
(3) AN INTERPRETER APPOINTED UNDER THIS SECTION SHALL

17
RECEIVE COMPENSATION IN THE SAME MANNER AS UNDER SECTION 28.

18
Sec. 758. (1) For the purposes of AS USED IN this act,

19
"absent voter" means a qualified and registered elector who

20
meets 1 or more of the following requirements;

21
(a) On account of physical disability, cannot without

22
another's assistance attend WISHES TO VOTE WITHOUT ATTENDING the

23
polls on the day of an election.

24
(b) On account of the tenets of his or her religion, cannot

25
attend the polls on the day of election.

02580'01 19

1
(c) Cannot attend the polls on the day of an election in the

2
precinct in which he or she resides because of being an election

3
precinct inspector in another precinct.

4
(d) Is 60 years of age or older.

5
(e) Is absent or expects to be absent from the township or

6
city in which he or she resides during the entire period the

7
polls are open for voting on the day of an election.

8
(f) Cannot attend the polls on election day because of being

9
confined in jail awaiting arraignment or trial.

10
(2) Subsection (1) does not apply to ABSENT VOTER DOES NOT

11
INCLUDE a person who has moved outside of this state, regardless

12
of length of his or her residence outside of this state, and who

13
no longer maintains an actual residence in this state. The stor-

14
age of personal effects or household goods, the ownership of

15
property that is rented or leased to others, or occasional brief

16
visits to a former domicile in this state while residing outside

17
of this state for most of the year does not constitute a resi-

18
dence for voting purposes in this state, except for each of the

19
following:

20
(a) A person described in section 1 of article II of the

21
state constitution of 1963 and statutes enacted under that

22
section.

23
(b) A person described in section 759a.

24
Sec. 759. (1) At any time during the 75 days before a pri-

25
mary ELECTION or special primary ELECTION, but not later than 2

26
p.m. of the Saturday immediately before the primary ELECTION or

27
special primary ELECTION, an elector who qualifies to vote as an

02580'01 20

1
absent voter , as defined in section 758, may apply for an

2
absent voter ballot. The elector shall apply in person or by

3
mail with the clerk of the township, city, or village in which

4
the elector is registered. An application received before a pri-

5
mary ELECTION or special primary ELECTION may be for either that

6
primary ELECTION only, or for that primary ELECTION and the elec-

7
tion that follows.

8
(2) Except as otherwise provided in subsection (1), at any

9
time during the 75 days before an election, but not later than 2

10
p.m. of the Saturday before the election, an elector who quali-

11
fies to vote as an absent voter , as defined in section 758,

12
may apply for an absent voter ballot. The elector shall apply in

13
person or by mail with the clerk of the township, city, or vil-

14
lage in which the voter is registered.

15
(3) An application for an absent voter ballot under this

16
section may be made in any of the following ways:

17
(a) By a written request signed by the voter stating the

18
statutory grounds for making the application ELECTOR.

19
(b) On an absent voter ballot application form provided for

20
that purpose by the clerk of the city, township, or village.

21
(c) On a federal postcard application.

22
(4) An applicant for an absent voter ballot shall sign the

23
application. A clerk or assistant clerk shall not deliver an

24
absent voter ballot to an applicant who does not sign the

25
application. A person other OTHER than the applicant; a member

26
of the applicant's immediate family; a person residing in the

27
applicant's household; a person whose job normally includes the

02580'01 21

1
handling of mail, but only during the course of his or her

2
employment; a registered elector requested by the applicant TO

3
RETURN THE APPLICATION; or a clerk, assistant of the clerk, or

4
other authorized election official, A PERSON shall not be in pos-

5
session of a signed absent voter ballot application. A regis-

6
tered elector who is requested by the applicant to return his or

7
her absent voter ballot application shall sign the certificate on

8
the absent voter ballot application.

9
(5) The clerk of the city, township, or village shall have

10
absent voter ballot application forms available in the office of

11
the clerk at all times and shall furnish an absent voter ballot

12
application form to anyone upon a verbal or written request. The

13
absent voter ballot application shall be in substantially the

14
following form:

15
"Application for absent voter ballot for:

16
[] The primary ELECTION or special primary election to be

17
held on ..... , 19... _______________ [DATE].

18
[] The election to be held on ..... , 19...

19
_______________ [DATE].

20
(Check applicable election or elections)

21
I, .......... , a qualified and registered elector of

22
the ..... precinct of the township of .......... or village

23
of .......... or of the .......... ward of the city

24
of .......... , in the county of .......... and state of

25
Michigan, apply for an official ballot, or ballots, to be voted

26
by me at the election or elections as requested in this

27
application.

02580'01 22

1
The statutory grounds on which I base my request are:

2
[] I expect to be absent from the community in which I am

3
registered for the entire time the polls are open on election

4
day.

5
[] I am physically unable to attend the polls without the

6
assistance of another.

7
[] I cannot attend the polls because of the tenets of my

8
religion.

9
[] I have been appointed an election precinct inspector in a

10
precinct other than the precinct where I reside.

11
[] I am 60 years of age or older.

12
[] I cannot attend the polls because I am confined to jail

13
awaiting arraignment or trial.

14
(Check applicable reason)

15
Send absent voter ballot to me at:

16
.......................................
17
(Street No. or R.R.)

18
..................................................
19
(Post Office) (State) ZIP CODE

20
My registered address..........................................
21
(Street No. or R.R.)

22
.................................................
23
(Post Office) (State) ZIP CODE

24
Date...........................................................

25
I declare SWEAR that the statements in this absent voter

26
ballot application are true.

27
.................................................
28
(Signature)

29
WARNING

02580'01 23

1
A person making a false statement in this absent voter

2
ballot application is guilty of a misdemeanor. It is a violation

3
of Michigan election law for a person other than those listed in

4
the instructions to return, offer to return, agree to return, or

5
solicit to return your absent voter ballot application to the

6
clerk. An assistant authorized by the clerk who receives absent

7
voter ballot applications at a location other than the office of

8
the clerk must have credentials signed by the clerk. Ask to see

9
his or her credentials before entrusting your application with a

10
person claiming to have the clerk's authorization to return your

11
application.

12
Certificate of Authorized Registered

13
Elector Returning Absent Voter

14
Ballot Application

15
I certify that my name is ...................., my address

16
is ...................., and my date of birth is ............;

17
that I am delivering the absent voter ballot application of

18
.................... at his or her request; that I did not

19
solicit or request to return the application; that I have not

20
made any markings on the application; that I have not altered the

21
application in any way; that I have not influenced the applicant;

22
and that I am aware that a false statement in this certificate is

23
a violation of Michigan election law.

24
__________ ______________________________
25
(Date) (Signature)"
26
(6) The following instructions for an applicant for an

27
absent voter ballot shall be included with each application

28
furnished an applicant:

02580'01 24

1
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

2
Step 1. After completely filling out the application, sign

3
and date the application in the place designated. Your signature

4
must appear on the application or you will not receive an absent

5
voter ballot.

6
Step 2. Deliver the application by 1 of the following

7
methods:

8
(a) Place the application in an envelope addressed to the

9
appropriate clerk and place the necessary postage upon the return

10
envelope and deposit it in the United States mail or with another

11
public postal service, express mail service, parcel post service,

12
or common carrier.

13
(b) Deliver the application personally to the office of the

14
clerk, to the clerk, or to an authorized assistant of the clerk.

15
(c) In either (a) or (b), a member of the immediate family

16
of the voter including a father-in-law, mother-in-law,

17
brother-in-law, sister-in-law, son-in-law, daughter-in-law,

18
grandparent, or grandchild or a person residing in the voter's

19
household may mail or deliver the application to the clerk for

20
the applicant.

21
(d) In the event IF an applicant cannot return the appli-

22
cation in any of the above methods, the applicant may select any

23
registered elector to return the application. The person return-

24
ing the application must sign and return the certificate at the

25
bottom of the application.

26
(7) A person who prints and distributes absent voter ballot

27
applications shall print on the application the warning,

02580'01 25

1
certificate of authorized registered elector returning absent

2
voter ballot application, and instructions required by this

3
section.

4
(8) A person who makes a false statement in an absent voter

5
ballot application is guilty of a misdemeanor. A person who

6
forges a signature on an absent voter ballot application is

7
guilty of a felony. A person who is not authorized in this act

8
and who both distributes absent voter ballot applications to

9
absent voters and returns those absent voter ballot applications

10
to a clerk or assistant of the clerk is guilty of a misdemeanor.

11
Sec. 759b. (1) Any A registered elector may apply for AN

12
absent voter ballots BALLOT at any time prior to BEFORE

13
4 p.m. on election day if he shall have become OR SHE BECAME

14
physically disabled or shall be WAS absent from the city or

15
township because of sickness or death in the family which has

16
THAT occurred at a time which has THAT made it impossible to

17
apply for AN absent voter ballots BALLOT by the statutory

18
deadline. The application shall be called an emergency absent

19
voter BALLOT application.

20
(2) Emergency absent voter BALLOT applications may be made

21
by letter or on a form PRESCRIBED BY THE SECRETARY OF STATE AND

22
provided by the clerk. The application shall set forth that the

23
voter is qualified to vote in the election , stating the statu-

24
tory reason for applying for an emergency absent voter ballot

25
and that the reason for applying after the statutory deadline

26
occurred at such a time to make it impossible to file an

02580'01 26

1
application for AN absent voter ballots BALLOT by the statutory

2
deadline.

3
(3) Any A person intentionally making a false statement in

4
such AN EMERGENCY ABSENT VOTER BALLOT application is guilty of

5
a felony. Any A person aiding or abetting any ANOTHER
person

6
to make a false statement on such IN AN EMERGENCY ABSENT VOTER

7
BALLOT application is guilty of a felony.

8
(4) Upon receipt by the clerk of a valid application for an

9
emergency absent voter ballot, the clerk may deliver the

10
ballots AN ABSENT VOTER BALLOT to the applicant in person,

11
through a deputy or an election assistant, or he may deliver

12
them at his OR HER office to a person named by the applicant in

13
the EMERGENCY ABSENT VOTER BALLOT application. The ABSENT voter

14
may return the ballots ABSENT VOTER BALLOT to the clerk in the

15
sealed envelope provided therefor in any manner. he sees fit.

16
To HOWEVER, TO be valid, ballots must be returned THE
ABSENT

17
VOTER SHALL RETURN THE ABSENT VOTER BALLOT to the clerk IN THE

18
SEALED ENVELOPE PROVIDED FOR THAT REASON AND in time to be deliv-

19
ered to the polls prior to BEFORE 8 p.m. on election day.

20
Sec. 770. (1) At all elections hereafter AN ELECTION held

21
in this state UNTIL MAY 30, 2002, ballots or votes may be cast,

22
registered, recorded, and counted by means of voting machines, as

23
provided in this chapter.

24
(2) The governing body of any A governmental unit in this

25
state may contract with the governing body of any other ANOTHER

26
governmental unit in this state with regard to the use of voting

27
machines owned by either of the contracting units.

02580'01 27

1
(3) BEGINNING JULY 1, 2001, A BIPARTISAN UNIFORM VOTING

2
SYSTEM TASK FORCE SHALL EXAMINE ALL OPTIONS AND SHALL SELECT A

3
UNIFORM VOTING SYSTEM FOR THIS STATE NO LATER THAN DECEMBER 31,

4
2001. THE UNIFORM VOTING SYSTEM SELECTED SHALL BE A VOTING

5
SYSTEM THAT IS APPROVED BY THE BOARD OF STATE CANVASSERS.

6
(4) THE UNIFORM VOTING SYSTEM TASK FORCE SHALL CONSIST OF 17

7
MEMBERS REPRESENTING THE FOLLOWING INTERESTS:

8
(A) TWO MEMBERS SHALL BE STATE SENATORS REPRESENTING THE

9
REPUBLICAN PARTY.

10
(B) TWO MEMBERS SHALL BE STATE SENATORS REPRESENTING THE

11
DEMOCRATIC PARTY.

12
(C) TWO MEMBERS SHALL BE STATE REPRESENTATIVES REPRESENTING

13
THE REPUBLICAN PARTY.

14
(D) TWO MEMBERS SHALL BE STATE REPRESENTATIVES REPRESENTING

15
THE DEMOCRATIC PARTY.

16
(E) TWO MEMBERS SHALL BE FROM THE SECRETARY OF STATE. ONE

17
MEMBER SHALL BE THE DIRECTOR OF THE BUREAU OF ELECTIONS OR HIS OR

18
HER DESIGNEE.

19
(F) TWO MEMBERS SHALL BE FROM THE COUNTY CLERKS

20
ASSOCIATION. ONE MEMBER SHALL REPRESENT A JURISDICTION IN AN

21
URBAN AREA AND 1 MEMBER SHALL REPRESENT A JURISDICTION IN A RURAL

22
AREA.

23
(G) TWO MEMBERS SHALL BE FROM THE MUNICIPAL CLERKS

24
ASSOCIATION. ONE MEMBER SHALL REPRESENT A JURISDICTION IN AN

25
URBAN AREA AND 1 MEMBER SHALL REPRESENT A JURISDICTION IN A RURAL

26
AREA.

02580'01 28

1
(H) THREE MEMBERS SHALL BE FROM THE GENERAL PUBLIC APPOINTED

2
BY THE SECRETARY OF STATE FROM A LIST OF NAMES SUBMITTED BY

3
INTERESTED PERSONS. TWO MEMBERS SHALL REPRESENT JURISDICTIONS IN

4
AN URBAN AREA, AND 1 MEMBER SHALL REPRESENT A JURISDICTION IN A

5
RURAL AREA.

6
(5) THE UNIFORM VOTING SYSTEM TASK FORCE SHALL DO ALL OF THE

7
FOLLOWING:

8
(A) CONDUCT PUBLIC HEARINGS TO TAKE TESTIMONY FROM LOCAL

9
CLERKS, VOTERS, AND OTHER CONCERNED CITIZENS ABOUT THE PROBLEMS,

10
STRENGTHS, PREFERENCES, RECOMMENDATIONS, AND OTHER ISSUES REGARD-

11
ING VARIOUS VOTING SYSTEMS.

12
(B) REVIEW INFORMATION ABOUT VARIOUS VOTING SYSTEMS PROVIDED

13
BY THE SECRETARY OF STATE, VENDORS OF VOTING SYSTEMS, BOARD OF

14
STATE CANVASSERS, AND OTHER INTERESTED PERSONS.

15
(C) OBTAIN AND REVIEW MATERIAL ABOUT THE TYPE OF VOTING SYS-

16
TEMS UTILIZED BY OTHER STATES, INCLUDING RECOMMENDATIONS FOR

17
CHANGES.

18
(D) SELECT A VOTING SYSTEM FOR USE IN THIS STATE.

19
(E) REPORT TO THE LEGISLATURE BY JANUARY 31, 2002 THE RECOM-

20
MENDATIONS OF THE UNIFORM VOTING SYSTEM TASK FORCE.

21
(6) BEGINNING MAY 30, 2002, EACH VOTING PRECINCT IN THIS

22
STATE SHALL USE THE UNIFORM VOTING SYSTEM. IF THE PARTICULAR

23
MODEL IS A MODEL APPROVED BY THE BOARD OF STATE CANVASSERS, A

24
COUNTY, CITY, OR TOWNSHIP MAY SELECT A PARTICULAR MODEL OF THE

25
UNIFORM VOTING SYSTEM FOR USE IN THAT COUNTY, CITY, OR TOWNSHIP.

26
SEC. 773A. BEFORE AN ELECTION AT WHICH A VOTING MACHINE IS

27
USED, THE BOARD OF ELECTION COMMISSIONERS OF THE COUNTY, CITY,

02580'01 29

1
VILLAGE, TOWNSHIP, OR SCHOOL DISTRICT SHALL HAVE THE VOTING

2
SYSTEM PREPARED FOR THE ELECTION, INCLUDING FULL TESTING OF THE

3
VOTING SYSTEM NOT LESS THAN 1 WEEK BEFORE THE ELECTION.

4
Sec. 796a. (1) Before an election at which an electronic

5
voting system is used, the board of election commissioners of the

6
county, city, village, township, or school district shall have

7
the system prepared for the election, INCLUDING FULL TESTING OF

8
THE VOTING SYSTEM NOT LESS THAN 1 WEEK BEFORE THE ELECTION. The

9
board shall provide the election board of each voting precinct

10
with the necessary equipment and supplies.

11
(2) Before an election, the board of election commissioners

12
of a county, city, village, township, or school district shall

13
provide a sufficient number of voting stations needed to ensure

14
the orderly conduct of the election taking into consideration the

15
projected turnout, the length of the ballot, and the number of

16
voters the voting system can process per hour as determined under

17
section 795a. As a minimum for each election, the board of elec-

18
tion commissioners shall provide at least 1 voting station for

19
each 400 registered voters in each precinct through August 31,

20
1998 and at least 1 voting station for each 300 registered

21
voters. on and after September 1, 1998. If counting centers are

22
used, the board of election commissioners of the county, city,

23
village, township, or school district shall establish 1 or more

24
counting centers as needed before the election.

02580'01 Final page. CAS