September 12, 2012, Introduced by Senator WHITMER and referred to the Committee on Local Government and Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 31, 509v, 509w, and 509x (MCL 168.31,
168.509v, 168.509w, and 168.509x), section 31 as amended by 2012 PA
271 and sections 509v, 509w, and 509x as added by 1994 PA 441.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31. (1) The secretary of state shall do all of the
following:
(a)
Subject to subsection (2), subsections
(2) and (3), issue
instructions and promulgate rules pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the
conduct of elections and registrations in accordance with the laws
of this state.
(b) Advise and direct local election officials as to the
proper methods of conducting elections.
(c) Publish and furnish for the use in each election precinct
before each state primary and election a manual of instructions
that includes specific instructions on assisting voters in casting
their ballots, directions on the location of voting stations in
polling places, procedures and forms for processing challenges, and
procedures on prohibiting campaigning in the polling places as
prescribed in this act.
(d) Publish indexed pamphlet copies of the registration,
primary, and election laws and furnish to the various county, city,
township, and village clerks a sufficient number of copies for
their own use and to enable them to include 1 copy with the
election supplies furnished each precinct board of election
inspectors under their respective jurisdictions. The secretary of
state may furnish single copies of the publications to
organizations or individuals who request the same for purposes of
instruction or public reference.
(e)
Prescribe Subject to
subsection (3), prescribe and require
uniform forms, notices, and supplies the secretary of state
considers advisable for use in the conduct of elections and
registrations.
(f) Prepare the form of ballot for any proposed amendment to
the constitution or proposal under the initiative or referendum
provision of the constitution to be submitted to the voters of this
state.
(g) Require reports from the local election officials the
secretary of state considers necessary.
(h) Investigate, or cause to be investigated by local
authorities, the administration of election laws, and report
violations of the election laws and regulations to the attorney
general or prosecuting attorney, or both, for prosecution.
(i) Publish in the legislative manual the vote for governor
and secretary of state by townships and wards and the vote for
members of the state legislature cast at the preceding November
election, which shall be returned to the secretary of state by the
county clerks on or before the first day of December following the
election. All clerks shall furnish to the secretary of state,
promptly and without compensation, any further information
requested of them to be used in the compilation of the legislative
manual.
(j) Establish a curriculum for comprehensive training and
accreditation of all county, city, township, and village officials
who are responsible for conducting elections.
(k) Establish a continuing election education program for all
county, city, township, and village clerks.
(l) Establish and require attendance by all new appointed or
elected election officials at an initial course of instruction
within 6 months before the date of the election.
(m) Establish a comprehensive training curriculum for all
precinct inspectors.
(n) Create an election day dispute resolution team that has
regional representatives of the department of state, which team
shall appear on site, if necessary.
(2) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall
promulgate rules establishing uniform standards for state and local
nominating, recall, and ballot question petition signatures. The
standards for petition signatures may include, but need not be
limited to, standards for all of the following:
(a) Determining the validity of registration of a circulator
or individual signing a petition.
(b) Determining the genuineness of the signature of a
circulator or individual signing a petition, including digitized
signatures.
(c) Proper designation of the place of registration of a
circulator or individual signing a petition.
(3) The secretary of state shall not impose any qualification
or process upon voting or registering to vote except as expressly
provided for in this act.
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.
(3) Not later than December 31, 2012, the secretary of state
shall develop and implement a system to allow an applicant to
submit a voter registration application or voter registration
change of address application electronically on the secretary of
state's website.
(4) Beginning January 1, 2013, a person who is not registered
to vote at the address where he or she resides may submit a voter
registration application or voter registration change of address
application electronically on the secretary of state's website.
(5) A person who submits a voter registration application or
voter registration change of address application electronically
pursuant to subsection (4) shall do all of the following:
(a) Attest to the truth of the information provided on the
application by affirmatively accepting the information as true.
(b) Affirmatively assent to the use of his or her most recent
digitized signature if captured or reproduced by the secretary of
state pursuant to section 307 of the Michigan vehicle code, 1949 PA
300, MCL 257.307, or if captured or reproduced by the secretary of
state pursuant to 1972 PA 222, MCL 28.291 to 28.300.
(c) Sign the application with an electronic signature. As used
in this subdivision, "electronic signature" means that term as
defined in section 2 of the uniform electronic transactions act,
2000 PA 305, MCL 450.832.
(6) If a person who submits a voter registration application
or voter registration change of address application electronically
does not have an official state identification card issued pursuant
to 1972 PA 222, MCL 28.291 to 28.300, or an operator's or
chauffeur's license issued pursuant to the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, the voter registration
application or voter registration change of address application
submitted electronically by that person shall be considered a
registration by mail and that person shall comply with the
requirements in section 509t.
(7) The secretary of state may implement additional security
measures to ensure the accuracy and integrity of the voter
registrations submitted electronically.
(8) The secretary of state shall promulgate rules pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, to implement the provisions of subsections (3) to (7).
Sec. 509w. (1) The person processing an application submitted
in person at a department of state office, a designated voter
registration agency, or the office of a county clerk shall do all
of the following:
(a) Validate the application in the manner prescribed by the
secretary of state.
(b) Issue a receipt to the applicant verifying the acceptance
of the application.
(2) The person processing an application submitted
electronically pursuant to section 509v shall do all of the
following:
(a) Validate the application in the manner prescribed by the
secretary of state.
(b) Issue a receipt to the applicant in the manner prescribed
by the secretary of state verifying the acceptance of the
application.
(3) (2)
Except as otherwise provided in
subsection (3) (4),
the department of state office, the designated voter registration
agency, or the county clerk shall transmit the application not
later than 7 days after receipt of the application to the clerk of
the county, city, or township where the applicant resides.
(4) (3)
If an application under subsection
(1) or (2) is made
within 7 days before the close of registration for a federal
election, the department of state office, the designated voter
registration agency, or the county clerk shall transmit the
application not later than 1 business day to the clerk of the
county, city, or township where the applicant resides.
(5) (4)
If a completed application is
transmitted by the
secretary of state or a designated voter registration agency to a
county clerk, the secretary of state, to the extent funds are
appropriated, shall compensate the county clerk for the cost of
forwarding the application to the proper city or township clerk of
the applicant's residence from funds appropriated to the secretary
of state for that purpose.
Sec.
509x. An application for registration is considered to be
received
on or before the close of registration, if 1 of the
following requirements is met:
(a) An application is received at a department of state
office, a designated voter registration agency, or the office of a
county, city, or township clerk on or before the close of
registration.
(b) An application is received through the mail that is
postmarked on or before the close of registration.
(c) An application is received through the mail on or before
the seventh day immediately following the close of registration, if
the postmark is missing or is unclear and the application, on its
face, is dated by the applicant on or before the close of
registration. The clerk shall consider an application received
pursuant to this subdivision as received before the close of
registration.
(d) An application is received electronically pursuant to
section 509v on or before the close of registration.