SENATE BILL No. 1431

 

 

September 14, 2006, Introduced by Senator HAMMERSTROM and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending section 509v (MCL 168.509v), as added by 1994 PA 441.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 509v. (1) A person who is not registered to vote at the

 

address where he or she resides may apply to register to vote by

 

submitting an application at any of the following locations:

 

     (a) The office of the clerk of a county or the office of the

 

clerk of the city or township in which the applicant resides,

 

during regular office hours of that clerk.

 

     (b) A department of state office.

 

     (c) A designated voter registration agency when submitting an

 

application, recertification, renewal, or change of address at the

 


voter registration agency.

 

     (2) A person who is not registered to vote at the address

 

where he or she resides may apply for registration by submitting a

 

completed mail registration application. A person may request a

 

mail registration application from and submit the application to

 

any of the following:

 

     (a) The secretary of state.

 

     (b) The clerk of the county, city, or township in which the

 

applicant resides.

 

     (c) A designated voter registration agency.

 

     (d) A third-party voter registration organization.

 

     (3) Before engaging in any voter registration activities, a

 

third-party voter registration organization shall register with the

 

county, city, or township clerk where the voter registration

 

activities will take place. The registration application shall

 

include the names of the officers of the third-party voter

 

registration organization or the names of the persons in the third-

 

party voter registration organization who have the authority to

 

supervise the individuals collecting voter registration

 

applications for the organization.

 

     (4) A third-party voter registration organization shall not

 

pay a person to solicit, collect, or assist in collecting voter

 

registration applications if the amount of the payment is based on

 

the number of voter registration applications collected. A third-

 

party voter registration organization that violates this subsection

 

is liable for a civil fine of $10,000.00 for each violation.

 

     (5) A third-party voter registration organization shall

 


establish a process to review all of the voter registration

 

applications collected for potential fraud. If a third-party voter

 

registration organization finds that any of the voter registration

 

applications collected are or could be fraudulent, then the third-

 

party voter registration organization shall report that information

 

to the prosecuting attorney for that county and to the county

 

clerk.

 

     (6) A third-party voter registration organization shall

 

deliver to the secretary of state or the clerk of the county, city,

 

township, or village a voter registration application collected by

 

the organization no later than the last day for accepting voter

 

registrations before an election as provided in section 497, or 10

 

business days after the voter registration application is

 

collected, whichever is earlier. A third-party voter registration

 

organization that violates this subsection is liable for a civil

 

fine of $10,000.00 for each violation.

 

     (7) If a third-party voter registration organization delivers

 

a voter registration application to the secretary of state or the

 

clerk of the county, city, township, or village after the last day

 

for accepting voter registrations before an election as provided in

 

section 497, the person or persons named on the organization's

 

registration application as required under subsection (3) are

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (8) If a third-party voter registration organization fails to

 

deliver a voter registration application to the secretary of state

 

or the clerk of the county, city, township, or village, the person

 


or persons named on the organization's registration application as

 

required under subsection (3) are guilty of a felony punishable by

 

imprisonment for not more than 5 years or a fine of not more than

 

$1,000.00, or both.

 

     (9) A person who knowingly forges a signature on a voter

 

registration application is guilty of forgery punishable as

 

provided in section 937.

 

     (10) A person who knowingly submits a fraudulent or forged

 

voter registration application to the secretary of state or a

 

county, city, township, or village clerk is guilty of a felony

 

punishable by imprisonment for not more than 5 years or a fine of

 

not more than $1,000.00, or both.

 

     (11) A civil fine ordered pursuant to this section shall be

 

deposited in the general fund of this state.

 

     (12) As used in this section, "third-party voter registration

 

organization" means a person, company, entity, firm, or

 

organization that solicits or collects voter registration

 

applications. A third-party voter registration organization does

 

not include any of the following:

 

     (a) The secretary of state.

 

     (b) A county, city, township, or village clerk or assistant

 

clerk.

 

     (c) A designated voter registration agency as defined in

 

section 509m.

 

     (d) A person who registers voters or who collects voter

 

registration applications as an employee or agent of the secretary

 

of state, a county, city, township, or village clerk, or a

 


designated voter registration agency.

 

     (e) A political party.