HB-4907, As Passed House, August 15, 2012

SUBSTITUTE FOR

HOUSE BILL NO. 4907

(As amended August 15, 2012)

[A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 163, 164, 166, 193, 194, 196, 224, 225, 227,

 254, 256, 257, 312, 633, 646a, 759a, 813, and 829 (MCL 168.163,

 168.164, 168.166, 168.193, 168.194, 168.196, 168.224, 168.225,

168.227, 168.254, 168.256, 168.257, 168.312, 168.633, 168.646a,

168.759a, 168.813, and 168.829), sections 163, 193, 224, and 254

 as amended by 1999 PA 218, section 164 as amended by 1990 PA 7,

sections 312 and 646a as amended by 2006 PA 647, section 759a as

amended by 2012 PA 279, and sections 813 and 829 as added by 2004

PA 92.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     [Sec. 163. (1) To obtain the printing of the name of a person as a

 candidate for nomination by a political party for the office of state senator or representative under a particular party heading upon the official primary ballots in the various election precincts of a district, there shall be filed nominating petitions signed by a number of qualified and registered electors residing in the district as determined under section 544f. If the district comprises more than 1 county, the nominating petitions shall be filed with the secretary of state. If the district comprises 1 county or less, the nominating petitions shall be filed with the county clerk of that county. Nominating petitions shall be in the form prescribed in section 544c. Until December 31, 2013, if

House Bill No. 4907 (H-4) as amended August 15, 2012

nominating petitions are filed by an incumbent state senator or incumbent state representative for the office of state senator or state representative, the secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the fourteenth Tuesday before the August primary. Until December 31, 2013, if nominating petitions are filed by a nonincumbent candidate for the office of state senator or state representative, the secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by an incumbent state senator or incumbent state representative for the office of state senator or state representative, the secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the seventeenth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by a nonincumbent candidate for the office of state senator or state representative, the secretary of state and the various county clerks shall receive nominating petitions for filing in accordance with this act up to 4 p.m. of the fifteenth Tuesday before the August primary.

     (2) In lieu of filing a nominating petition, a filing fee of $100.00 may be paid to the county clerk or, for a candidate in a district comprising more than 1 county, to the secretary of state. Payment of the fee and certification of the name of the candidate paying the fee shall be governed by the same provisions as in the case of nominating petitions. The fee shall be deposited in the general fund of the county and shall be refunded to candidates who are nominated and to an equal number of candidates who receive the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall be divided among them. A refund of a deposit shall not be made to a candidate who withdraws as a candidate.

     Sec. 164. After the filing of a nominating petition or filing fee by or in on behalf of a proposed candidate for the office of state senator or representative, such the candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the official with whom his or her nominating petitions or filing fee were filed, or his or her duly authorized agent, not later than 4 o'clock, p.m., eastern standard time, in the afternoon of the third day after the last day for filing such the petition as provided in section 163. After the filing of a nominating petition or filing fee by or On behalf of a proposed candidate for the office of state senator or representative during an extended filing PERIOD under Section 166(2), the candidate shall not be permitted to withdraw.

     Sec. 166. (1) If Except as otherwise provided in subsection (2), if for any reason the number of candidates of a political party for the office of state senator or representative is equal to less than the total number to be nominated and elected, a sufficient number of blank spaces shall be provided on the primary ballots that affords every elector of House Bill No. 4907 (H-4) as amended August 15, 2012

the political party an opportunity to vote for as many candidates as are to be nominated and elected by writing in the name or names of his or her selection.

     (2) If a nonincumbent candidate for state senator or state representative withdraws as a candidate on the last day to file as a candidate or before the withdrawal deadline under section 164, leaving the number of candidates of a political party for the office of state senator or representative less than the total number to be nominated and elected, the filing deadline shall be extended until 4 p.m. eastern standard time, in the afternoon of the second business day after the withdrawal deadline under section 164. This subsection applies whether or not the candidate refiles for the same or a different office.

     Sec. 193. (1) To obtain the printing of the name of a person as a candidate for nomination by a political party for an office named in section 191 under a particular party heading upon the official primary ballots, there shall be filed with the county clerk nominating petitions signed by a number of qualified and registered electors residing within the county as determined under section 544f. Nominating petitions shall be in the form prescribed in section 544c. Until December 31, 2013, if nominating petitions are filed by an incumbent candidate for an office named in section 191, the county clerk shall receive nominating petitions up to 4 p.m. of the fourteenth Tuesday before the August primary. Until December 31, 2013, if nominating petitions are filed by a nonincumbent candidate for an office named in section 191, the county clerk shall receive nominating petitions up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by an incumbent candidate for an office named in section 191, the county clerk shall receive nominating petitions up to 4 p.m. of the seventeenth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by a nonincumbent candidate for an office named in section 191, the county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

     (2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon the primary election ballots in the various voting precincts of the county, there may be filed by the candidate, in lieu of filing nomination nominating petitions, a filing fee of $100.00 to be paid to the county clerk. Payment of the fee and certification of the candidate's name paying the fee shall be governed by the same provisions as in the case of nominating petitions. The fee shall be deposited in the general fund of the county and shall be refunded to candidates who are nominated and to an equal number of candidates who receive the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall be divided among them. The deposits of all other defeated candidates, as well as the deposits of candidates who withdraw or are disqualified, shall be forfeited and the candidates shall be notified of the forfeiture. Deposits forfeited under this section shall be paid into and credited to House Bill No. 4907 (H-4) as amended August 15, 2012

the general fund of the county.

     Sec. 194. After the filing of a nominating petition or filing fee by or in on behalf of a proposed candidate for any of the offices named in section 191, of this act, such the candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the county clerk or his or her duly authorized agent not later than 4 o'clock, p.m., eastern standard time, in the afternoon of the third day after the last day for filing such the petition or filing fee, as in this act provided in section 193, unless the third day falls on a Saturday, Sunday, or legal holiday, in which case the notice of withdrawal may be served on the clerk up to 4 o'clock, p.m., eastern standard time, on the next secular day. After the filing of a nominating petition or filing fee by or On behalf of a proposed candidate for any of the offices named in section 191 during an extended filing period under Section 196(2), the candidate shall not be permitted to withdraw.

     Sec. 196. (1) If Except as otherwise provided in subsection (2), if for any reason the number of candidates of a political party for any 1 or more of the offices named in section 191 is equal to less than the total number to be nominated by the political party, a blank space or spaces shall be provided on each of the official primary ballots that affords every elector of the political party an opportunity to vote for as many candidates for the office as are to be nominated by the political party by writing in the name or names of his or her selection.

     (2) If a nonincumbent candidate for any 1 or more of the offices named in section 191 withdraws as a candidate on the last day to file as a candidate or before the withdrawal deadline under section 194, leaving the number of candidates of a political party for any of the offices named in section 191 less than the total number to be nominated and elected, the filing deadline for that office with insufficient candidates shall be extended until 4 p.m. eastern standard time, in the afternoon of the second business day after the withdrawal deadline under section 194. This subsection applies whether or not the candidate refiles for the same or a different office.

     Sec. 224. (1) To obtain the printing of the name of a person as candidate for nomination by a political party for the office of county auditor under a particular party heading upon the official primary ballots, there shall be filed with the county clerk nominating petitions signed by a number of qualified and registered electors residing within the county as determined under section 544f. Nominating petitions shall be in the form prescribed in section 544c. Until December 31, 2013, if nominating petitions are filed by an incumbent candidate for the office of county auditor, the county clerk shall receive nominating petitions up to 4 p.m. of the fourteenth Tuesday before the August primary. Until December 31, 2013, If nominating petitions are filed by a nonincumbent candidate for the office of county auditor, the county clerk shall receive nominating petitions up to 4 p.m. of the twelfth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by an incumbent candidate for the office of county auditor, the county clerk shall receive nominating petitions up to 4 p.m. of the House House Bill No. 4907 (H-4) as amended August 15, 2012

seventeenth Tuesday before the August primary. Beginning January 1, 2014, if nominating petitions are filed by a nonincumbent candidate for the office of county auditor, the county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary.

     (2) To obtain the printing of the name of the candidate of a political party under the particular party's heading upon the primary election ballots in the various voting precincts of the county, there may be filed by the candidate, in lieu of filing nominating petitions, a filing fee of $100.00 to be paid to the county clerk. Payment of the fee and certification of the name of the candidate paying the fee shall be governed by the same provisions as in the case of nominating petitions. The fee shall be deposited in the general fund of the county and shall be refunded to candidates who are nominated and to an equal number of candidates who received the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall be divided among them. The deposits of all other defeated candidates and of candidates who withdraw or are disqualified shall be forfeited and the candidates shall be notified of the forfeitures. Deposits forfeited under this section shall be paid into and credited to the general fund of the county.

     Sec. 225. After the filing of nominating petitions or filing fee by or in on behalf of a proposed candidate for the office of county auditor, such the candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the county clerk or his or her duly authorized agent not later than 4 o'clock, p.m., eastern standard time, in the afternoon of the third day after the last day for filing such the petitions, as in this act provided in section 224, unless the third day falls on a Saturday, Sunday, or legal holiday, in which case the notice of withdrawal may be served on the clerk up to 4 o'clock, p.m., eastern standard time, on the next secular day. After the filing of a nominating petition or filing fee by or On behalf of a proposed candidate for the office of county auditor during an extended filing period under Section 227(2), the candidate shall not be permitted to withdraw.

     Sec. 227. (1) If Except as otherwise provided in subsection (2), if for any reason there is no candidate of a political party for county auditor, a blank space shall be provided on each of the official primary ballots that affords every elector of the political party an opportunity to vote for a candidate for the office by writing in the name of his or her selection.

     (2) If a nonincumbent candidate for county auditor withdraws as a candidate on the last day to file as a candidate or before the withdrawal deadline under section 225, leaving the number of candidates of a political party for the office of county auditor less than the total number to be nominated and elected, the filing deadline shall be extended until 4 p.m. eastern standard time, in the afternoon of the second business day after the withdrawal deadline under section 225. This subsection applies whether or not the candidate refiles for the same or a different office.

House Bill No. 4907 (H-4) as amended August 15, 2012

     Sec. 254. (1) To obtain the printing of the name of a person as a candidate for nomination by a political party for the office of county road commissioner under a particular party heading upon the official primary ballots, there shall be filed with the county clerk of the county nominating petitions signed by a number of qualified and registered electors residing within the county as determined under section 544f. Nominating petitions shall be in the form prescribed in section 544c. Until December 31, 2013, if nominating petitions are filed by an incumbent candidate for the office of county road commissioner, the county clerk shall receive nominating petitions up to 4 p.m. of the fourteenth Tuesday before the August primary in which county road commissioners are to be elected. Until December 31, 2013, if nominating petitions are filed by a nonincumbent candidate for the office of county road commissioner, the county clerk shall receive nominating petitions up to 4 p.m. of the twelfth Tuesday before the August primary in which county road commissioners are to be elected. Beginning January 1, 2014, if nominating petitions are filed by an incumbent candidate for the office of county road commissioner, the county clerk shall receive nominating petitions up to 4 p.m. of the seventeenth Tuesday before the August primary in which county road commissioners are to be elected. Beginning January 1, 2014, if nominating petitions are filed by a nonincumbent candidate for the office of county road commissioner, the county clerk shall receive nominating petitions up to 4 p.m. of the fifteenth Tuesday before the August primary in which county road commissioners are to be elected.

     (2) To obtain the printing of the name of a candidate of a political party under the particular party's heading upon the primary election ballots in the various voting precincts of the county, there may be filed by each candidate, in lieu of filing nominating petitions, a filing fee of $100.00 to be paid to the county clerk. Payment of the fee and certification of the name of the candidate paying the fee shall be governed by the same provisions as in the case of nominating petitions. The fee shall be deposited in the general fund of the county and shall be returned to all candidates who are nominated and to an equal number of candidates who received the next highest number of votes in the primary election. If 2 or more candidates tie in having the lowest number of votes allowing a refund, the sum of $100.00 shall be divided among them. The deposits of all other defeated candidates, as well as the deposits of candidates who withdraw or are disqualified, shall be forfeited and the candidates shall be notified of the forfeitures. Deposits forfeited under this section shall be paid into and credited to the general fund of the county.

     Sec. 256. After the filing of nominating petitions or filing fee by or in on behalf of a proposed candidate for the office of county road commissioner, such the candidate shall not be permitted to withdraw unless a written notice of withdrawal is served on the county clerk or his or her duly authorized agent not later than 4 o'clock, p.m., eastern standard time, in the afternoon of the third day after the last day for filing such the petition, as in this act provided. as provided in section House Bill No. 4907 (H-4) as amended August 15, 2012

254. After the filing of a nominating petition or filing fee by or On behalf of a proposed candidate for the office of county road commissioner during an extended filing period under Section 257(2), the candidate shall not be permitted to withdraw.

     Sec. 257. (1) If Except as otherwise provided in subsection (2), if for any reason there is no candidate of a political party for county road commissioner, a blank space shall be provided on each of the official primary ballots that affords every elector of the political party an opportunity to vote for a candidate for that office by writing in the name of his or her selection.

     (2) If a nonincumbent candidate for county road commissioner withdraws as a candidate on the last day to file as a candidate or before the withdrawal deadline under section 256, leaving the number of candidates of a political party for the office of county road commissioner less than the total number to be nominated and elected, the filing deadline shall be extended until 4 p.m. eastern standard time, in the afternoon of the second business day after the withdrawal deadline under section 256. This subsection applies whether or not the candidate refiles for the same or a different office.]

     Sec. 312. (1) A school board may submit a ballot question to

the school electors on a regular election date, on a date when a

city or township within the school district's jurisdiction is

holding an election by adopting a resolution to that effect not

less than 70 days later than 4 p.m. on the twelfth Tuesday before

the election date, or on a special election date as provided in

House Bill No. 4907 (H-4) as amended August 15, 2012

section 641(4). The school board shall certify the ballot question

language to the school district election coordinator not less than

70 days later than 4 p.m. on the twelfth Tuesday before the

election date. The school district election coordinator shall send

a copy of the ballot question language to the county clerk of each

county not less than 68 82 days before the election.

     (2) If a special election is called on a date provided under

section 641(4), the school district election coordinating committee

shall schedule the special election date.

     Sec. 633. (1) The governor shall call a special election in

any congressional district of the this state when the right of

office of a person elected representative in congress shall cease

before the commencement of the term of service for which he or she

shall have been elected, or whenever a vacancy shall occur in the

office of representative in congress after the term of service has

begun for which such the representative was elected; or the

governor shall direct that such the vacancy shall be filled at the

next general election to be held at least 30 days after such the

vacancy shall occur.occurs.

     (2) If the governor directs that the vacancy be filled at the

following general election, the executive committee of the county

committee of each political party, if the county comprises 1 or

more representative districts, or, if the district is comprised of

more than 1 county, then the executive committee of the county

committee of the respective political parties of each county in the

district, may select, by a majority vote [of those executive committee

 members residing in the representative district], a candidate for that

office, and shall certify the name of the candidate to the county

board of election commissioners of the county or counties

comprising that representative district within 21 days after the

vacancy occurs and at least 10 days before the general election.

Upon certification, the candidate certified shall be the nominee of

that party at that general election to fill the vacancy for the

unexpired term with the same force and effect as if the person was

nominated at a primary election as otherwise provided in this act.

If the ballots for that general election have already been printed

before the certification, then the board of election commissioners

shall cause the names of the candidates to be printed on a separate

ballot, which ballot shall be counted, canvassed, and returned as

other ballots cast at that election.

     (3) If the governor directs that the vacancy be filled at the

next general election, the secretary of state shall give notice of

that decision similar to the notice provided for in section 651.

     Sec. 646a. (1) If a local officer is to be elected at a

general November election, candidates for the local office shall be

nominated in the manner provided by law or charter, subject to

sections 641 and 642. If candidates for the local office are to be

nominated at caucuses, the caucuses shall be held on a date before

the date set for the primary election or on the Saturday before the

day of the primary election as determined by the local legislative

body at least 20 days before the date of the caucus. If candidates

are nominated by filing petitions or affidavits, they shall be

filed at a time provided by charter, but not later than the date of

the primary. Except as provided in section 642, the local primary

election shall be held on the same day as a state or county primary

election. If a state or county primary is being held on the same

day, the last day for local candidates to file nominating petitions

is the same as the last date to file petitions for state and county

offices. The names of all local candidates and titles of office

shall be certified to the county clerk by the local clerk within 5

days after the last day for filing petitions, and certification of

nominees shall be made to that clerk within 5 days after the date

on which the primary or caucus was held.

     (2) If a local, school district, or county ballot question is

to be voted on at a regular election date or special election, the

ballot wording of the ballot question shall be certified to the

local or county clerk at least 70 days not later than 4 p.m. on the

twelfth Tuesday before the election. If the wording is certified to

a clerk other than the county clerk, the clerk shall certify the

ballot wording to the county clerk at least 68 82 days before the

election. Petitions to place a county or local ballot question on

the ballot at the election shall be filed with the clerk at least

14 days before the date the ballot wording must be certified to the

local clerk.

     (3) The provisions of this section apply notwithstanding any

provisions of law or charter to the contrary, unless an earlier

date for the filing of affidavits or petitions, including

nominating petitions, is provided in a law or charter, in which

case the earlier filing date is controlling.

     Sec. 759a. (1) An absent uniformed services voter or an

overseas voter who is not registered, but possessed the

qualifications of an elector under section 492, may apply for

registration by using the federal postcard application. The

department of state, bureau of elections, is responsible for

disseminating information on the procedures for registering and

voting to an absent uniformed services voter and an overseas voter.

     (2) Upon the request of an absent uniformed services voter or

an overseas voter, the clerk of a county, city, township, or

village shall electronically transmit a blank voter registration

application or blank absent voter ballot application to the voter.

The clerk of a county, city, township, or village shall accept a

completed voter registration application or completed absent voter

ballot application electronically transmitted by an absent

uniformed services voter or overseas voter. A voter registration

application or absent voter ballot application submitted by an

absent uniformed services voter or overseas voter shall contain the

signature of the voter.

     (3) A spouse or dependent of an overseas voter who is a

citizen of the United States, is accompanying that overseas voter,

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

United States, may apply for an absent voter ballot even though the

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

township of this state.

     (4) An absent uniformed services voter or an overseas voter,

whether or not registered to vote, may apply for an absent voter

ballot. Upon receipt of an application for an absent voter ballot

under this section that complies with this act, a county, city,

village, or township clerk shall forward to the applicant the

absent voter ballots requested, the forms necessary for

registration, and instructions for completing the forms. If the

ballots are not yet available at the time of receipt of the

application, the clerk shall immediately forward to the applicant

the registration forms and instructions, and forward the ballots as

soon as they are available. If a federal postcard application or an

application from the official United States department of defense

website is filed, the clerk shall accept the federal postcard

application or the application from the official United States

department of defense website as the registration application and

shall not send any additional registration forms to the applicant.

If the ballots and registration forms are received before the close

of the polls on election day and if the registration complies with

the requirements of this act, the absent voter ballots shall be

delivered to the proper election board to be tabulated. If the

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

clerk shall retain the absent voter ballots until the expiration of

the time that the voted ballots must be kept and shall then destroy

the ballots without opening the envelope. The clerk may retain

registration forms completed under this section in a separate file.

The address in this state shown on a registration form is the

residence of the registrant.

     (5) Not later than 45 days before an election, a county, city,

township, or village clerk shall electronically transmit or mail as

appropriate an absent voter ballot to each absent uniformed

services voter or overseas voter who applied for an absent voter

ballot 45 days or more before the election.

     (6) Upon the request of an absent uniformed services voter or

overseas voter, the clerk of a county, city, township, or village

shall electronically transmit an absent voter ballot to the voter.

The voter shall print the absent voter ballot and return the voted

ballot by mail to the appropriate clerk.

     (7) The secretary of state shall prescribe electronic absent

voter ballot formats and electronic absent voter ballot

transmission methods. Each county, city, township, or village clerk

shall employ the prescribed electronic ballot formats to fulfill an

absent voter ballot request received from an absent uniformed

services voter or overseas voter who wishes to receive his or her

absent voter ballot through an electronic transmission. The

secretary of state shall establish procedures to implement the

requirements in this section and for the processing of a marked

absent voter ballot returned by an absent uniformed services voter

or overseas voter who obtained his or her absent voter ballot

through an electronic transmission.

     (8) The secretary of state shall modify the printed statement

provided under section 761(4) and the absent voter ballot

instructions provided under section 764a as appropriate to

accommodate the procedures developed for electronically

transmitting an absent voter ballot to an absent uniformed services

voter or overseas voter. A statement shall be included in the

certificate signed by the absent voter who obtained his or her

absent voter ballot through an electronic transmission that the

secrecy of the absent voter ballot may be compromised during the

duplication process. The absent voter ballot instructions provided

to an absent uniformed services voter or overseas voter shall

include the proper procedures for returning the absent voter ballot

to the appropriate clerk.

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

registration forms completed under this section.

     (10) An absent uniformed services voter or an overseas voter

who submits an absent voter ballot application is eligible to vote

as an absent voter in any local, state, or federal election

occurring in the calendar year in which the election is held for

that ballot requested if the absent voter ballot application is

received by the county, city, village, or township clerk not later

than 2 p.m. of the Saturday before the election. A county, city, or

township clerk receiving an absent voter ballot application from an

absent uniformed services voter or overseas voter shall transmit to

a village clerk and the school district election coordinators,

where applicable, the necessary information to enable the village

clerk and school district election coordinators to forward an

absent voter ballot for each applicable election in that calendar

year to the absent voter. A village clerk receiving an absent voter

ballot application from an absent uniformed services voter or

overseas voter shall transmit to the township clerk and the school

district election coordinators, where applicable, the necessary

information to enable the city or township clerk and school

district election coordinators to forward an absent voter ballot

for each applicable election in that calendar year to the absent

voter. If the local elections official rejects a voter registration

application or absent voter ballot application submitted by an

absent uniformed services voter or overseas voter, the election

official shall notify the voter of the rejection.

     (11) An electronic mail address provided by an absent

uniformed services voter or overseas voter for the purposes of this

section is confidential and exempt from disclosure under the

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

     (12) Under the uniformed and overseas citizens absentee voting

act, the state director of elections shall approve a ballot form

and registration procedures for absent uniformed services voters

and overseas voters.

     (13) An absent uniformed services voter or an overseas voter

may use the federal write-in absentee ballot, in accordance with

the provisions of the uniformed and overseas citizens absentee

voting act, at a regular election or special election to vote for a

local, state, or federal office or on a ballot question. An absent

uniformed services voter or an overseas voter who uses the federal

write-in absentee ballot shall return his or her voted federal

write-in absentee ballot by mail to the appropriate clerk. The

state bureau of elections shall do both of the following:

     (a) Make the ballot format for each election available to

absent uniformed services voters and overseas voters by electronic

mail or on an internet website maintained by the department of

state.

     (b) Make the ballot information, including the offices, names

of candidates, and ballot proposals, for each election available to

absent uniformed services voters and overseas voters on an internet

website maintained by the department of state.

     (14) The clerk of a city, village, or township shall submit to

the county clerk of the county in which that city, village, or

township is located a written statement no later than 45 days

before each election indicating whether absent voter ballots were

issued to absent uniformed services voters or overseas voters in

compliance with this section and the uniformed and overseas

citizens absentee voting act. The city, village, or township clerk

shall provide to the county clerk a written explanation describing

remedial actions taken by the city, village, or township clerk if

the city, village, or township clerk fails to comply with this

section and the uniformed and overseas citizens absentee voting

act. Not later than 42 days before each election, each county clerk

shall submit to the state bureau of elections a written report

compiled from the written statements submitted by the city,

village, and township clerks. The written report shall identify the

cities, villages, and townships that complied with the 45-day

deadline under this subsection, the cities, villages, and townships

that did not comply with the 45-day deadline under this subsection,

but provided a written explanation, and those cities, villages, and

townships that did not comply with the 45-day deadline under this

subsection and that did not provide a written explanation. The

state bureau of elections may require the clerk of a city, village,

or township that did not comply with the 45-day deadline under this

subsection, but provided a written explanation, to provide

additional information. The state bureau of elections shall require

the clerk of a city, village, or township that did not comply with

the 45-day deadline and that did not provide a written explanation

to file a written explanation, describing the remedial actions

House Bill No. 4907 (H-4) as amended August 15, 2012

taken by the city, village, or township clerk, within 1 business

day after the state bureau of elections notifies the clerk of that

city, village, or township.

     (15) For a presidential primary election, the secretary of

state shall prescribe procedures for contacting an elector who is

an absent uniformed services voter or an overseas voter, as

described in this section, and who is eligible to receive an absent

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

presidential primary election, offering the elector the opportunity

to select a political party ballot for the presidential primary

election.

     (16) The secretary of state [SHALL] order a city, village, or

township clerk to extend the ballot receipt deadline for any

absentee voter ballots under this section that were not transmitted

to an absent uniformed services voter or overseas voter in

compliance with subsection (5). The extension shall equal the total

number of days beyond the deadline as provided in subsection (5)

that the city, village, or township clerk transmitted the requested

absentee voter ballots. These absentee voter ballots received

during the extension time shall be counted and tabulated for the

final results of the election provided that the absentee voter

ballots are executed and sent by the close of the polls on election

day. The election may be formally certified before the end of the

extension time if the number of outstanding absentee voter ballots

under this subsection will not alter the outcome of the election.

(17) (16) As used in this section:

     (a) "Absent uniformed services voter" means any of the

following:

     (i) A member of a uniformed service on active duty who, by

reason of being on active duty, is absent from the place of

residence where the member is otherwise qualified to vote.

     (ii) A member of the merchant marine who, by reason of service

in the merchant marine, is absent from the place of residence where

the member is otherwise qualified to vote.

     (iii) A spouse or dependent of a member referred to in

subparagraph (i) or (ii) who, by reason of the active duty or service

of the member, is absent from the place of residence where the

spouse or dependent is otherwise qualified to vote.

     (b) "Member of the merchant marine" means an individual, other

than a member of a uniformed service or an individual employed,

enrolled, or maintained on the Great Lakes or the inland waterways,

who is either of the following:

     (i) Employed as an officer or crew member of a vessel

documented under the laws of the United States, a vessel owned by

the United States, or a vessel of foreign-flag registry under

charter to or control of the United States.

     (ii) Enrolled with the United States for employment or training

for employment, or maintained by the United States for emergency

relief service, as an officer or crew member of a vessel documented

under the laws of the United States, a vessel owned by the United

States, or a vessel of foreign-flag registry under charter to or

control of the United States.

     (c) "Overseas voter" means any of the following:

     (i) An absent uniformed services voter who, by reason of active

duty or service, is absent from the United States on the date of an

election.

     (ii) A person who resides outside of the United States and is

qualified to vote in the last place in which the person was

domiciled before leaving the United States.

     (iii) A person who resides outside of the United States and who,

but for such residence outside of the United States, would be

qualified to vote in the last place in which he or she was

domiciled before leaving the United States.

     (d) "Uniformed services" means the army, navy, air force,

marine corps, coast guard, the commissioned corps of the public

health service, the commissioned corps of the national oceanic and

atmospheric administration, a reserve component of a uniformed

service, or the Michigan national guard as defined in section 105

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

     Sec. 813. (1) Within 6 days after the an election, for each

provisional ballot that was placed in a provisional ballot return

envelope, the city or township clerk shall determine whether the

individual voting the provisional ballot was eligible to vote a

ballot and whether to tabulate the provisional ballot. In making

this determination, the city or township clerk shall not open the

provisional ballot return envelope. A provisional ballot shall only

be tabulated if a valid voter registration record for the elector

is located or if the identity and residence of the elector is

established using a Michigan operator's license, chauffeur's

license, personal identification card, other government issued

photo identification card, or a photo identification card issued by

an institution of higher education in this state described in

section 6 of article VIII of the state constitution of 1963 or a

junior college or community college established under section 7 of

article VIII of the state constitution of 1963 along with a

document to establish the voter's current residence address as

provided in section 523a(5). Before the provisional ballot is

tabulated, election officials shall process the ballot as a

challenged ballot under sections 745 and 746.

     (2) Within 7 days after the an election, but sooner if

practicable, the city or township clerk shall transmit the results

of provisional ballots tabulated after the election to the board of

county canvassers. The results shall be transmitted in a form

prescribed by the secretary of state.

     (3) Within 7 days after the an election, the city or township

clerk shall transmit to the county clerk a provisional ballot

report for each precinct in the jurisdiction. The report shall

include for each precinct the number of provisional ballots issued,

the number of provisional ballots tabulated on election day, the

number of provisional ballots forwarded to the clerk to be

determined after the election, the number of provisional ballots

tabulated by the clerk after election day, and any additional

information concerning provisional ballots as required by the

secretary of state.

     (4) Within 7 days after an election, the city or township

clerk shall transmit to the county clerk an affidavit report that

includes the number of affidavits signed by voters under section

523. The affidavit report shall be transmitted to the county clerk

in a form prescribed by the secretary of state.

     Sec. 829. (1) The board of county canvassers shall include the

results of the tabulated provisional ballots in the canvass of the

election following procedures prescribed by the secretary of state

designed to maintain the secrecy of the ballot.

     (2) Within 14 days after a primary or election, the county

clerk shall transmit a county provisional ballot report to the

secretary of state. The county provisional ballot report shall be

in a manner prescribed by the secretary of state. After the

secretary of state receives a county provisional ballot report, the

county provisional ballot report shall be immediately available for

public inspection.

     (3) Within 14 days after an election, the county clerk shall

transmit a county affidavit report to the secretary of state. The

county affidavit report shall include the number of affidavits

signed by voters under section 523. The county affidavit report

shall be transmitted in a form prescribed by the secretary of

state. After the secretary of state receives the county affidavit

report from the county clerk, the county affidavit report shall

immediately be available for public inspection.

     Enacting section 1. Sections 312 and 646a of the Michigan

election law, 1954 PA 116, MCL 168.312 and 168.646a, as amended by

this amendatory act, take effect January 1, 2013.