January 12, 2017, Introduced by Reps. Ellison, Wittenberg, Hammoud, Yanez, Moss, Chirkun, Geiss, Hertel, Jones, Cochran, Neeley, Green and Lasinski and referred to the Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 2012 PA 523.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 759. (1) At any time during the 75 days before a primary
2 or special primary, but not later than 2 p.m. of the Saturday
3 immediately before the primary or special primary, an elector who
4 qualifies wants to vote as an absent voter ,
as defined in section
5 758, may apply for an
absent voter ballot. The elector shall apply
6 in person or by mail with the clerk of the township, city, or
7 village in which the elector is registered. An application received
8 before a primary or special primary may be for either that primary
9 only, or for that primary and the election that follows.
10 (2) Except as otherwise provided in subsection (1), at anytime
11 any time during the 75 days before an election, but not later than
1 2 p.m. of the Saturday before the election, an elector who
2 qualifies wants to vote as an absent voter ,
as defined in section
3 758, may apply for an
absent voter ballot. The elector shall apply
4 in person or by mail with the clerk of the township, city, or
5 village in which the voter is registered.
6 (3) An application for an absent voter ballot under this
7 section may be made in any of the following ways:
8 (a) By a written request signed by the voter stating the
9 statutory grounds for making the application.elector.
10 (b) On an absent voter ballot application form provided for
11 that purpose by the clerk of the city, township, or village.
12 (c) On a federal postcard application.
13 (4) An applicant for an absent voter ballot shall sign the
14 application. A clerk or assistant clerk shall not deliver an absent
15 voter ballot to an applicant who does not sign the application. A
16 person shall not be in possession of a signed absent voter ballot
17 application except for the applicant; a member of the applicant's
18 immediate family; a person residing in the applicant's household; a
19 person whose job normally includes the handling of mail, but only
20 during the course of his or her employment; a registered elector
21 requested by the applicant to return the application; or a clerk,
22 assistant of the clerk, or other authorized election official. A
23 registered elector who is requested by the applicant to return his
24 or her absent voter ballot application shall sign the certificate
25 on the absent voter ballot application.
26 (5) The clerk of a city, township, or village shall have
27 absent voter ballot application forms available in the clerk's
1 office at all times and shall furnish an absent voter ballot
2 application form to anyone upon a verbal or written request. The
3 absent voter ballot application shall must be
in substantially the
4 following form:
5 "Application for absent voter ballot for:
6 [ ] The primary or special primary election to be held on
7 ___________________ (Date).
8 [ ] The election to be held on _______ (Date).
9 (Check applicable election or elections)
10 I, .................................. , a United States
11 citizen and a qualified and registered elector of the ............
12 precinct of the township of ............ or village of ............
13 or of the ............ ward of the city of
14 .................................. , in the county of
15 .................................. and state of Michigan, apply for
16 an official ballot, or ballots, to be voted by me at the election
17 or elections as requested in this application.
18 The statutory grounds on which I base my request are:
19 [ ] I expect to be absent from the community in which I am
20 registered for the entire time the polls are open on election day.
21 [ ] I am physically unable to attend the polls without the
22 assistance of another.
23 [ ] I cannot attend the polls because of the tenets of my
24 religion.
25 [ ] I have been appointed an election precinct inspector in a
26 precinct other than the precinct where I reside.
27 [ ] I am 60 years of age or older.
1 [ ] I cannot attend the polls because I am confined to jail
2 awaiting arraignment or trial.
3 (Check applicable reason)
|
4 |
Send absent voter ballot to me at: |
|
5 |
........................................... |
|
6 |
(Street No. or R.R.) |
|
7 |
........................................... |
|
8 |
(Post Office) (State) (Zip Code) |
|
9 |
My registered address ....................................... |
|
10 |
(Street No. or R.R.) |
|
11 |
....................................... |
|
12 |
(Post Office) (State) (Zip Code) |
|
13 |
Date......................................................... |
|
14 |
I certify that I am a United States citizen and that |
|
15 |
the statements in this absent voter ballot application |
|
16 |
are true. |
|
17 |
....................................... |
|
18 |
(Signature) |
|
19 |
WARNING |
20 You must be a United States citizen to vote. If you are not a
21 United States citizen, you will not be issued an absent voter
22 ballot.
23 A person making a false statement in this absent voter ballot
24 application is guilty of a misdemeanor. It is a violation of
25 Michigan election law for a person other than those listed in the
26 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 must have credentials signed by the clerk. Ask to see his or
5 her credentials before entrusting your application with a person
6 claiming to have the clerk's authorization to return your
7 application.
|
8 |
Certificate of Authorized Registered |
|
9 |
Elector Returning Absent Voter |
|
10 |
Ballot Application |
11 I certify that my name is .................... , my address is
12 .................... , and my date of birth is ............ ; that
13 I am delivering the absent voter ballot application of
14 .................... at his or her request; that I did not solicit
15 or request to return the application; that I have not made any
16 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 a
19 violation of Michigan election law.
|
20 |
_____________ __________________________________ |
|
21 |
(Date) (Signature)" |
22 (6) The following instructions for an applicant for an absent
23 voter ballot shall must
be included with each application
furnished
24 an applicant:
|
25 |
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS |
1 Step 1. After completely filling out the application, sign and
2 date the application in the place designated. Your signature must
3 appear on the application or you will not receive an absent voter
4 ballot.
5 Step 2. Deliver the application by 1 of the following methods:
6 (a) Place the application in an envelope addressed to the
7 appropriate clerk and place the necessary postage upon the return
8 envelope and deposit it in the United States mail or with another
9 public postal service, express mail service, parcel post service,
10 or common carrier.
11 (b) Deliver the application personally to the clerk's office,
12 to the clerk, or to an authorized assistant of the clerk.
13 (c) In either (a) or (b), a member of the immediate family of
14 the voter including a father-in-law, mother-in-law, brother-in-law,
15 sister-in-law, son-in-law, daughter-in-law, grandparent, or
16 grandchild or a person residing in the voter's household may mail
17 or deliver the application to the clerk for the applicant.
18 (d) If an applicant cannot return the application in any of
19 the above methods, the applicant may select any registered elector
20 to return the application. The person returning the application
21 must sign and return the certificate at the bottom of the
22 application.
23 (7) A person who prints and distributes absent voter ballot
24 applications shall print on the application the warning,
25 certificate of authorized registered elector returning absent voter
26 ballot application, and instructions required by this section.
27 (8) A person who makes a false statement in an absent voter
1 ballot application is guilty of a misdemeanor. A person who forges
2 a signature on an absent voter ballot application is guilty of a
3 felony. A person who is not authorized in this act and who both
4 distributes absent voter ballot applications to absent voters and
5 returns those absent voter ballot applications to a clerk or
6 assistant of the clerk is guilty of a misdemeanor.
7 Enacting section 1. This amendatory act takes effect 90 days
8 after the date it is enacted into law.
9 Enacting section 2. This amendatory act does not take effect
10 unless all of the following bills of the 99th Legislature are
11 enacted into law:
12 (a) Senate Bill No.____ or House Bill No. 4034 (request no.
13 00441'17).
14 (b) Senate Bill No.____ or House Bill No. 4035 (request no.
15 01051'17).