HB-5179, As Passed Senate, February 12, 2004                                

SUBSTITUTE FOR

HOUSE BILL NO. 5179

                                                                             A bill to amend 1954 PA 116, entitled                                             

"Michigan election law,"                                                    

by amending section 662 (MCL 168.662), as amended by 1999 PA                

216.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 662.  (1) The legislative body in each city, village,                  

2   and township shall designate and prescribe the place or places of           

3   holding an election  in the for a city, village, or township               

4   election, and shall provide a suitable polling place in or for              

5   each precinct located in the city, village, or township for use             

6   at each election.  Except as otherwise provided in this section,            

7   school buildings, fire stations, police stations, and other                 

8   publicly owned or controlled buildings shall be used as polling             

9   places.  If it is not possible or convenient to use a publicly              

10  owned or controlled building as a polling place, the legislative            

1   body of the city, township, or village may use as a polling place           

2   a building owned or controlled by an organization that is exempt            

3   from federal income tax  pursuant to as provided by section                

4   501(c) other than 501(c)(4), (5), or (6) of the internal revenue            

5   code of 1986, or any successor statute.  The legislative body of            

6   a city, township, or village shall not designate as a polling               

7   place a building that is owned by a person who is a sponsor of a            

8   political committee or independent committee.  A city, township,            

9   or village shall not use as a polling place a building that does            

10  not meet the requirements of this section.  As used in this                 

11  subsection, "sponsor of a political committee or independent                

12  committee" means a person who is described as being a sponsor               

13  under section 24(3) of the Michigan campaign finance act, 1976 PA           

14  388, MCL 169.224, and includes a subsidiary of a corporation or a           

15  local of a labor organization,  which if the corporation or                

16  labor organization is considered a sponsor under section 24(3) of           

17  the Michigan campaign finance act, 1976 PA 388, MCL 169.224.                

18      (2) The legislative body in each city, village, and township                

19  shall make arrangements for the rental or erection of suitable              

20  buildings for use as polling places if publicly owned or                    

21  controlled buildings are not available, and shall  cause have

22  the polling places  to be  equipped with the necessary facilities           

23  for lighting and with adequate facilities for heat and                      

24  ventilation.  The legislative body may establish a central                  

25  polling place or places for 6 precincts or less if it is possible           

26  and convenient for the electors to vote at the central polling              

27  place.  The legislative body may abolish other polling places not           

1   required as a result of the establishment of a central polling              

2   place.                                                                      

3       (3) The legislative body of a city, village, or township may                

4   establish a polling place at a for profit or nonprofit residence            

5   or facility in which 150 persons or more aged 62 or older reside            

6   or at an apartment building or complex in which 150 persons or              

7   more reside.  A township board may provide polling places located           

8   within the limits of a city that has been incorporated from                 

9   territory formerly a part of the township, and the electors of              

10  the township may cast their ballots at those polling places.  If            

11  2 contiguous townships utilize a combined township hall or other            

12  publicly owned or controlled building within 1 of the township's            

13  boundaries and outside of the other township's boundaries, and              

14  there is not another publicly owned or controlled building or a             

15  building owned or controlled by an organization that is exempt              

16  from federal income tax, as provided by section 501(c), other               

17  than 501(c)(4), (5), or (6), of the internal revenue code of                

18  1986, available or suitable for a polling place within the other            

19  township, then each township board may provide a polling place in           

20  that publicly owned building for 1 or more election precinct.

21      (4) The legislative body of a city, village, or township                    

22  shall not establish, move, or abolish a polling place less than             

23  60 days before an election unless necessary because a polling               

24  place has been damaged, destroyed, or rendered inaccessible or              

25  unusable as a polling place.                                                

26      (5) The legislative body of a city, village, or township                    

27  shall ensure that a polling place established under this section            

1   complies with the voting accessibility for the elderly and                  

2   handicapped act,  Public Law 98-435, 42 U.S.C. 42 USC 1973ee to            

3   1973ee-6.