HOUSE BILL No. 4284

 

February 15, 2005, Introduced by Rep. Jones and referred to the Committee on House Oversight, Elections, and Ethics.

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and

 

168.759b), section 758 as amended by 1996 PA 207 and section 759 as

 

amended by 1995 PA 261.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 758. (1) For the purposes of As used in this act, "absent

 

voter" means a qualified and registered elector who meets 1 or more

 

of the following requirements:

 

     (a) On account of physical disability, cannot without

 

another's assistance attend votes without attending the polls on

 

the day of an election.

 

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

 


attend the polls on the day of election.

 

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

 

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

 

precinct inspector in another precinct.

 

     (d) Is 60 years of age or older.

 

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

 

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

 

are open for voting on the day of an election.

 

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

 

confined in jail awaiting arraignment or trial.

 

     (2) Subsection (1) does not apply to Absent voter does not

 

include a person who has moved outside of this state, regardless of

 

length of his or her residence outside of this state, and who no

 

longer maintains an actual residence in this state. The storage of

 

personal effects or household goods, the ownership of property that

 

is rented or leased to others, or occasional brief visits to a

 

former domicile in this state while residing outside of this state

 

for most of the year does do not constitute a residence for voting

 

purposes in this state, except for each of the following:

 

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

 

constitution of 1963 and statutes enacted under that section.

 

     (b) A person described in section 759a.

 

     Sec. 759. (1) At any time during the 75 days before a primary

 

election or special primary election, but not later than 2 p.m. of

 

the Saturday immediately before the primary election or special

 

primary election, an elector who  qualifies  wants to vote as an

 

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

 


voter ballot. The elector shall apply in person or by mail with the

 

clerk of the township, city, or village in which the elector is

 

registered. An application received before a primary election or

 

special primary election may be for either that primary election

 

only, or for that primary election and the election that follows.

 

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

 

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

 

p.m. of the Saturday before the election, an elector who  qualifies  

 

wants to vote as an absent voter  , as defined in section 758,  may

 

apply for an absent voter ballot. The elector shall apply in person

 

or by mail with the clerk of the township, city, or village in

 

which the voter is registered.

 

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

 

section may be made in any of the following ways:

 

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

 

statutory grounds for making the application  elector.

 

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

 

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

 

     (c) On a federal postcard application.

 

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

 

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

 

voter ballot to an applicant who does not sign the application.  A

 

person  other than  shall not be in possession of a signed absent

 

voter ballot application except for the applicant; a member of the

 

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

 

household; a person whose job normally includes the handling of

 

mail, but only during the course of his or her employment; a

 


registered elector requested by the applicant to return the

 

application; or a clerk, assistant of the clerk, or other

 

authorized election official.  shall not be in possession of a

 

signed absent voter ballot application.  A registered elector who

 

is requested by the applicant to return his or her absent voter

 

ballot application shall sign the certificate on the absent voter

 

ballot application.

 

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

 

absent voter ballot application forms available in the office of

 

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

 

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

 

absent voter ballot application shall be in substantially the

 

following form:

 

     "Application for absent voter ballot for:

 

     [] The primary election or special primary election to be held

 

on ..... , 19...  _____________________ [date].

 

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

 

[date].

 

                 (Check applicable election or elections)

 

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

 

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

 

.......... or of the .......... ward of the city of .......... , in

 

the county of .......... and state of Michigan, apply for an

 

official ballot, or ballots, to be voted by me at the election or

 

elections as requested in this application.

 

     The statutory grounds on which I have my request are:

 

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

 


registered for the entire time the polls are open on election day.

 

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

 

assistance of another.

 

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

 

religion.

 

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

 

precinct other than the precinct where I reside.

 

     [] I am 60 years of age or older.

 

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

 

awaiting arraignment or trial.

 

     (Check applicable reason)

 

  Send absent voter ballot to me at:

 

  .......................................

 

           (Street No. or R.R.)

 

  .......................................................

 

     (Post Office)        (State)    (Zip Code)

 

  My registered address..................................

 

                           (Street No. or R.R.)

 

                ..........................................

 

                     (Post Office)   (State)    (Zip Code)

 

  Date ...................................................

 

  I  declare  certify that the statements in this absent voter

 

ballot application are true.

 

                ..........................................

 

                                (Signature)

 

                                  WARNING

 

     A person making a false statement in this absent voter ballot

 


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

 

Michigan election law for a person other than those listed in the

 

instructions to return, offer to return, agree to return, or

 

solicit to return your absent voter ballot application to the

 

clerk. An assistant authorized by the clerk who receives absent

 

voter ballot applications at a location other than the office of

 

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

 

or her credentials before entrusting your application with a person

 

claiming to have the clerk's authorization to return your

 

application.

 

                   Certificate of Authorized Registered

 

                      Elector Returning Absent Voter

 

                            Ballot Application

 

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

 

...................., and my date of birth is ............; that I

 

am delivering the absent voter ballot application of

 

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

 

or request to return the application; that I have not made any

 

markings on the application; that I have not altered the

 

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

 

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

 

violation of Michigan election law.

 

     __________            _______________________________

 

     (Date)                          (Signature)"

 

 

     (6) The following instructions for an applicant for an absent

 

voter ballot shall be included with each application furnished an

 

applicant:


 

           INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

 

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

 

date the application in the place designated. Your signature must

 

appear on the application or you will not receive an absent voter

 

ballot.

 

     Step 2. Deliver the application by 1 of the following methods:

 

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

 

appropriate clerk and place the necessary postage upon the return

 

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

 

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

 

or common carrier.

 

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

 

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

 

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

 

the voter including a father-in-law, mother-in-law, brother-in-law,

 

sister-in-law, son-in-law, daughter-in-law, grandparent, or

 

grandchild or a person residing in the voter's household may mail

 

or deliver the application to the clerk for the applicant.

 

     (d)  In the event  If an applicant cannot return the

 

application in any of the above methods, the applicant may select

 

any registered elector to return the application. The person

 

returning the application must sign and return the certificate at

 

the bottom of the application.

 

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

 

applications shall print on the application the warning,

 

certificate of authorized registered elector returning absent voter

 

ballot application, and instructions required by this section.


 

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

 

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

 

a signature on an absent voter ballot application is guilty of a

 

felony. A person who is not authorized in this act and who both

 

distributes absent voter ballot applications to absent voters and

 

returns those absent voter ballot applications to a clerk or

 

assistant of the clerk is guilty of a misdemeanor.

 

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

 

absent voter  ballots  ballot at any time  prior to  before 4 p.m.

 

on election day if  he shall have become physically disabled or

 

shall be absent from the city or township because of sickness or

 

death in the family which  an event has occurred at a time  which

 

has  that made it impossible to apply for an absent voter  ballots  

 

ballot by the statutory deadline. The application shall be called

 

an emergency absent voter ballot application.

 

     (2) Emergency absent voter ballot applications may be made by

 

letter or on a form prescribed by the secretary of state and

 

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

 

voter is qualified to vote in the election  , stating the statutory

 

reason for applying for an emergency absent voter ballot  and that  

 

the reason for applying after the statutory deadline  an event

 

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

 

application for an absent voter  ballots  ballot by the statutory

 

deadline.

 

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

 

such  an emergency absent voter ballot application is guilty of a

 

felony.  Any  A person aiding or abetting  any  another person to


 

make a false statement  on such  in an emergency absent voter

 

ballot application is guilty of a felony.

 

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

 

emergency absent voter ballot, the clerk may deliver the  ballots

 

absent voter ballot to the applicant in person, through a deputy or

 

an election assistant, or  he may deliver them  at his or her

 

office to a person named by the applicant in the emergency absent

 

voter ballot application. The absent voter may return the  ballots

 

absent voter ballot to the clerk  in the sealed envelope provided

 

therefor  in any manner.  he sees fit. To  However, to be valid,  

 

ballots must be returned  the absent voter shall return the absent

 

voter ballot to the clerk in the sealed envelope provided for that

 

reason and in time to be delivered to the polls  prior to  before 8

 

p.m. on election day.