HB-4048, As Passed House, September 25, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4048

      A bill to amend 1954 PA 116, entitled

"Michigan election law,"

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

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

as amended by 1995 PA 261, and section 759a as amended by 2007 PA

52.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 758. (1) For the purposes of Except as otherwise

 2  provided in subsection (2), as used in this act, "absent voter"

 3  means a qualified and registered elector who meets 1 or more of

 4  the following requirements:

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

 6  another's assistance attend votes without attending the polls on

 1  the day of an election.

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

 3  attend the polls on the day of election.

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

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

 6  precinct inspector in another precinct.

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

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

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

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

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

12  confined in jail awaiting arraignment or trial.

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

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

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

16  no longer maintains an actual residence in this state. The

17  storage of personal effects or household goods, the ownership of

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

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

20  of this state for most of the year does do not constitute a

21  residence for voting purposes in this state, except for each of

22  the following:

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

24  state constitution of 1963 and statutes enacted under that

25  section.

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

27        (2) If more than 5% of the ballots issued to electors in a

 1  statewide election are spoiled, then for each election held after

 2  that statewide election, "absent voter" means a qualified and

 3  registered elector who meets 1 or more of the following

 4  requirements:

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

 6  another's assistance attend the polls on the day of an election.

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

 8  attend the polls on the day of an election.

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

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

11  precinct inspector in another precinct.

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

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

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

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

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

17  confined in jail awaiting arraignment or trial.

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

19  primary election or special primary election, but not later than

20  2 p.m. of the Saturday immediately before the primary election or

21  special primary election, an elector who qualifies wants to vote

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

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

24  with the clerk of the township, city, or village in which the

25  elector is registered. An application received before a primary

26  election or special primary election may be for either that

27  primary election only, or for that primary election and the

 1  election that follows.

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

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

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

 5  qualifies wants to vote as an absent voter , as defined in

 6  section 758, may apply for an absent voter ballot. The elector

 7  shall apply in person or by mail with the clerk of the township,

 8  city, or village in which the voter is registered.

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

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

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

12  statutory grounds for making the application elector.

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

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

15        (c) On a federal postcard application.

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

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

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

19  application. A person other than shall not be in possession of a

20  signed absent voter ballot application except for the applicant;

21  a member of the applicant's immediate family; a person residing

22  in the applicant's household; a person whose job normally

23  includes the handling of mail, but only during the course of his

24  or her employment; a registered elector requested by the

25  applicant to return the application; or a clerk, assistant of the

26  clerk, or other authorized election official. shall not be in

27  possession of a signed absent voter ballot application. A

 1  registered elector who is requested by the applicant to return

 2  his or her absent voter ballot application shall sign the

 3  certificate on the absent voter ballot application.

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

 5  absent voter ballot application forms available in the clerk's

 6  office of the clerk at all times and shall furnish an absent

 7  voter ballot application form to anyone upon a verbal or written

 8  request. The absent voter ballot application shall be in

 9  substantially the following form:

10        "Application for absent voter ballot for:

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

12  held on ..... , 19... __________________ [Date].

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

14  __________________ [Date].

15        (Check applicable election or elections)

16        I, .................................. , a qualified and

17  registered elector of the ............ precinct of the township

18  of ............ or village of ............ or of the ............

19  ward of the city of .................................. , in the

20  county of .................................. and state of

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

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

23  application.

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

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

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

27  day.

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

 2  assistance of another.

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

 4  religion.

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

 6  a precinct other than the precinct where I reside.

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

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

 9  awaiting arraignment or trial.

10        (Check applicable reason)

11      Send absent voter ballot to me at:

12      ...........................................

13 (Street No. or R.R.)

14      .............................................................

15 (Post Office)               (State)       (Zip code)

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

17 (Street No. or R.R.)

18                            .......................................

19                               (Post Office)   (State)  (Zip code)

20      Date.........................................................

21      I declare certify that the statements in this absent voter

22      ballot application are true.

23                            .......................................

24                                          (Signature)

25 WARNING

26        A person making a false statement in this absent voter

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

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

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

 1  solicit to return your absent voter ballot application to the

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

 3  voter ballot applications at a location other than the clerk's

 4  office of the clerk must have credentials signed by the clerk.

 5  Ask to see his or her credentials before entrusting your

 6  application with a person claiming to have the clerk's

 7  authorization to return your application.

8                 Certificate of Authorized Registered

9                    Elector Returning Absent Voter

10                        Ballot Application

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

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

13  that I am delivering the absent voter ballot application of

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

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

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

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

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

19  a violation of Michigan election law.

20    _____________             __________________________________

21          (Date)                          (Signature)"

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

23  absent voter ballot shall be included with each application

24  furnished an applicant:

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, brother-

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

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

19  mail or deliver the application to the clerk for the applicant.

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

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

22  any registered elector to return the application. The person

23  returning the application must sign and return the certificate at

24  the bottom of the application.

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

26  applications shall print on the application the warning,

 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. 759a. (1) A member of the armed services or an overseas

12  voter who is not registered, but possessed the qualifications of

13  an elector under section 492, may apply for registration by using

14  the federal postcard application. The department of state, bureau

15  of elections, is responsible for disseminating information on the

16  procedures for registering and voting to absent armed services

17  and overseas voters.

18        (2) Each of the following persons who is a qualified elector

19  of a city, village, or township in this state and who is not a

20  registered voter may apply for an absent voter ballot:

21        (a) A civilian employee of the armed services outside of the

22  United States.

23        (b) A member of the armed services outside of the United

24  States.

25        (c) A citizen of the United States temporarily residing

26  outside the territorial limits of the United States.

27        (d) A citizen of the United States residing in the District

 1  of Columbia.

 2        (e) A spouse or dependent of a person described in

 3  subdivisions (a) through (d) who is a citizen of the United

 4  States and who is accompanying that person, even though the

 5  spouse or dependent is not a qualified elector of a city,

 6  village, or township of this state, if that spouse or dependent

 7  is not a qualified and registered elector anywhere else in the

 8  United States.

 9        (3) Upon receipt of an application under this section that

10  complies with this act, a city, village, or township clerk shall

11  forward to the applicant the absent voter ballots requested, the

12  forms necessary for registration, and instructions for completing

13  the forms. If the ballots are not yet available at the time of

14  receipt of the application, the clerk shall immediately forward

15  to the applicant the registration forms and instructions, and

16  forward the ballots as soon as they are available. If the ballots

17  and registration forms are received before the close of the polls

18  on postmarked by election day and if the registration complies

19  with the requirements of this act, the absent voter ballots shall

20  be delivered to the proper election board to be voted. If the

21  registration does not comply with the requirements of this act,

22  the clerk shall retain the absent voter ballots until the

23  expiration of the time that the voted ballots must be kept and

24  shall then destroy the ballots without opening the envelope. The

25  clerk may retain registration forms completed under this section

26  in a separate file. The address in this state shown on a

27  registration form is the residence of the registrant.

 1        (4) The size of a precinct shall not be determined by

 2  registration forms completed under this section.

 3        (5) A member of the armed services or an overseas voter, as

 4  described in subsection (2), who registers to vote by federal

 5  postcard application under subsection (1), and who applies to

 6  vote as an absent voter by federal postcard application is

 7  eligible to vote as an absent voter in any local or state

 8  election, including any school election, occurring in the

 9  calendar year in which the federal postcard application is

10  received by the city, village, or township clerk, but not in an

11  election for which the application is received by the clerk after

12  2 p.m. of the Saturday before the election. A city or township

13  clerk receiving a federal postcard application shall transmit to

14  a village clerk and school district election coordinator, where

15  applicable, the necessary information to enable the village clerk

16  and school district election coordinator to forward an absent

17  voter ballot for each applicable election in that calendar year

18  to the qualified elector submitting the federal postcard

19  application. A village clerk receiving a federal postcard

20  application shall transmit to a city or township clerk, where

21  applicable, the necessary information to enable the city or

22  township clerk to forward an absent voter ballot for each

23  applicable election in that calendar year to the qualified

24  elector submitting the federal postcard application. If the local

25  elections official rejects a registration or absent voter ballot

26  application submitted on a federal postcard application by an

27  absent armed services or overseas voter, the election official

 1  shall notify the armed services or overseas voter of the

 2  rejection.

 3        (6) For a presidential primary, the secretary of state shall

 4  do all of the following:

 5        (a) Prescribe procedures for contacting an elector who is a

 6  member of the armed services or an overseas voter, as described

 7  in subsection (2), and who is eligible to receive an absent voter

 8  ballot or who applies for an absent voter ballot for the

 9  presidential primary, offering the elector the opportunity to

10  select a participating political party ballot for the

11  presidential primary.

12        (b) Prescribe procedures to protect or safeguard the

13  confidentiality of an elector's participating political party

14  ballot selection ascertained under this section consistent with

15  section 615c.

16        (7) Under the uniformed and overseas citizens absentee

17  voting act, 42 USC 1973ff to 1973ff-6, the state director of

18  elections shall approve a ballot form and registration procedures

19  for electors in the armed services and electors outside the

20  United States, including the spouses and dependents accompanying

21  those electors.

22        (8) As used in this section, "armed services" means any of

23  the following:

24        (a) The United States army, navy, air force, marine corps,

25  or coast guard.

26        (b) The United States merchant marine.

27        (c) A reserve component of an armed service listed in

 1  subdivision (a) or (b).

 2        (d) The Michigan national guard as defined in section 105 of

 3  the Michigan military act, 1967 PA 150, MCL 32.505.