Bill Text: MI HB4362 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Elections: absent voters; absent voter ballot process; revise. Amends secs. 661, 759, 759a, 761, 764a, 765, 765a, 765b, 766 & 767 of 1954 PA 116 (MCL 168.661 et seq.); adds secs. 759e, 764e, 766a & 766b & repeals sec. 14b of 1954 PA 116 (MCL 168.14b).
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2021-03-02 - Bill Electronically Reproduced 02/25/2021 [HB4362 Detail]
Download: Michigan-2021-HB4362-Introduced.html
HOUSE BILL NO. 4362
February 25, 2021, Introduced by Reps. Kuppa,
Hope, Cynthia Johnson, Brenda Carter, Sowerby, Bolden, Weiss, Steckloff,
Hood, Haadsma, Pohutsky, Young, Brixie, Sabo, Rogers, Aiyash, O'Neal,
Cavanagh, Rabhi, Garza, Brabec, Stone and Tyrone Carter and referred to the
Committee on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 661, 759, 759a, 761, 764a, 765, 765a, 765b, 766, and 767 (MCL 168.661, 168.759, 168.759a, 168.761, 168.764a, 168.765, 168.765a, 168.765b, 168.766, and 168.767), section 661 as amended by 2012 PA 270, sections 759 and 761 as amended by 2020 PA 302, section 759a as amended by 2012 PA 523, sections 764a, 765, 765a, and 765b as amended by 2020 PA 177, section 766 as amended by 2018 PA 120, and section 767 as amended by 2005 PA 71, and by adding sections 759e, 764e, 766a, and 766b; and to repeal acts and parts of acts.
the people of the state of michigan enact:
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Sec. 661. (1) When If
the voter registration in a precinct using voting machines is
1,000 or less, there shall must be not less than 1 voting machine for each 500
active registered electors at the general November election and at the primary
immediately preceding that election. When
If the voter registration in a
precinct using voting machines is more than 1,000 and less than 3,000, there shall must
be at least 1 voting machine for each 600 active registered
electors at the general November election and at the primary immediately
preceding that election. At other primaries and elections, the number of voting
machines shall be is
at the discretion of the local election commission. In making
this determination, the local election commission shall take into consideration
the number of choices the voter elector must make, the percentage of registered voters electors
who voted at the last similar election in the jurisdiction, and
the intensity of the interest of the electors in the jurisdiction concerning
the candidates and proposals to be voted upon. When
If the voter registration in a
precinct using voting machines exceeds 2,999, the precinct shall must
be divided or rearranged.
(2) Except as provided in subsection (3), city and township
election commissions shall divide precincts according to law, not later than
210 days before the primary next preceding the general November election, and
shall immediately notify the county clerk of the number of registered voters electors
in each precinct in the city or township. The county clerk shall
notify the secretary of state not later than 200 days before the primary of a
precinct in
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the clerk's county which
that has not been divided
according to law, and the secretary of state shall proceed to make divisions as
are necessary at the expense of the city or township involved, not later than
180 days before the primary next preceding the general November election. If the
election commission of a city, village, or township using voting machines
decides to use paper ballots for a primary or election, the preceding
limitations shall must
continue for that election. A division of precincts shall must
be made effective not later than 180 days before the primary
election next preceding the general November election.
(3) In the second year following each federal decennial census, precincts shall
must be divided pursuant to under this subsection. City and township election
commissions shall divide precincts , not later than 120 days before
the primary election next preceding the general November election in order that
a precinct, as far as is practical, is not split between districts and does not
exceed 2,999 registered voters, electors, and shall immediately notify the county
clerk of the number of registered voters
electors in each precinct in each
city or township. The county clerk shall notify the secretary of state not
later than 110 days before the primary of any precincts in the county which that
have not been divided, and the secretary of state shall proceed
to make the divisions as are necessary, at the expense of the city or township
involved, not later than 90 days before the primary election next preceding the
general November election. The division of precincts shall
must be made effective not later
than 90 days before the primary election. The secretary of state may authorize,
upon written request by a city or township election commission, a later
division of a precinct which that contains portions of more
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than 1 elective district. All precinct divisions shall must
be completed not later than 90 days before the primary election
next preceding the general November election. In
Subject to subsection (4), in determining
the number of registered voters electors for a precinct under this subsection, a city
or township election commission or the secretary of state, as applicable, may
use either of the following:
(a) Only the active registered voters
electors for that city or
township, but not including those electors who are on a
permanent absent voter list in that city or township.
(b) Both the active registered voters
electors for that city or
township and the voters electors in the inactive voter file for that city or
township, but not including those electors who are on a
permanent absent voter list in that city or township.
(4)
Notwithstanding subsection (3), each city or township must have at least 1
election precinct.
Sec. 759. (1)
Subject to section 761(3), at any time during the 75 days before a primary or
special primary, but not later than 8 p.m. on the day of a primary or special
primary, an elector may apply for an absent voter ballot. The elector shall
apply in person or by mail with the clerk of the township or city in which the
elector is registered. The clerk of a city or township shall not send by
first-class mail an absent voter ballot to an elector after 5 p.m. on the
Friday immediately before the election. Except as otherwise provided in section
761(2), 766a,
the clerk of a city or township shall not issue an absent voter
ballot to a registered elector in that city or township after 4 p.m. on the day
before the election. An application received before a primary or special
primary may be for either that primary only, or for that primary
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and the election that follows. An individual may
submit a voter registration application and an absent voter ballot application
at the same time if applying in person with the clerk or deputy clerk of the
city or township in which the individual resides. Immediately after his or her
voter registration application and absent voter ballot application are approved
by the clerk or deputy clerk, the individual may, subject to the identification
requirement in section 761(6), complete an absent voter ballot at the clerk's
office.
(2) Except as otherwise provided in subsection (1) and subject
to section 761(3), at any time during the 75 days before an election, but not
later than 8 p.m. on the day of an election, an elector may apply for an absent
voter ballot. The elector shall apply in person or by mail with the clerk of
the township, city, or village in which the voter is registered. The clerk of a
city or township shall not send by first-class mail an absent voter ballot to
an elector after 5 p.m. on the Friday immediately before the election. Except
as otherwise provided in section 761(2),
766a, the clerk of a city or
township shall not issue an absent voter ballot to a registered elector in that
city or township after 4 p.m. on the day before the election. An individual may
submit a voter registration application and an absent voter ballot application
at the same time if applying in person with the clerk or deputy clerk of the
city or township in which the individual resides. Immediately after his or her
voter registration application and absent voter ballot application are approved
by the clerk, the individual may, subject to the identification requirement in
section 761(6), complete an absent voter ballot at the clerk's office.
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(3) An application for an absent voter ballot under this
section may be made in any of the following ways:
(a) By a written request signed by the voter.
(b) On an absent voter ballot application form provided for
that purpose by the clerk of the city or township.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the
application. Subject to section 761(2),
766a, a clerk or assistant clerk
shall not deliver an absent voter ballot to an applicant who does not sign the
application. A person shall not be in possession of a signed absent voter
ballot application except for the applicant; a member of the applicant's
immediate family; a person residing in the applicant's household; a person
whose job normally includes the handling of mail, but only during the course of
his or her employment; a registered elector requested by the applicant to
return the application; or a clerk, assistant of the clerk, or other authorized
election official. A registered elector who is requested by the applicant to return
his or her absent voter ballot application shall sign the certificate on the
absent voter ballot application.
(5) The clerk of a city or township shall have absent voter
ballot application forms available in the clerk's office at all times and shall
furnish an absent voter ballot application form to anyone upon a verbal or
written request. The absent voter ballot application must be in substantially
the following form:
"Application for absent voter ballot for:
[ ] The primary or special primary election to be held on
___________________ (Date).
[ ] The election to be held on _______ (Date).
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(Check applicable election or elections)
I, .................................. , a United States
citizen and a qualified and registered elector of the ............ precinct of
the township of ............ or of the ............ ward of the city of
.................................. , in the county of
.................................. and state of Michigan, apply for an official
ballot, or ballots, to be voted by me at the election or elections as requested
in this application.
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Send absent voter
ballot to me at: |
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........................................... |
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(Street No. or R.R. or
Designated Address) |
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........................................... |
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(Post Office) |
(State) |
(Zip Code) |
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My registered address
...................................... |
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(Street No. or R.R. or
Participant Identification Number) |
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...................................... |
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(Post Office) |
(State) |
(Zip Code) |
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Date........................................................ |
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I certify that I am a
United States citizen and that |
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the statements in this
absent voter ballot application |
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are true. |
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...................................... |
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(Signature) |
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WARNING |
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You must be a United States citizen to vote. If you are not a
United States citizen, you will not be issued an absent voter ballot.
A person making a false statement in this absent voter ballot
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application is guilty of a misdemeanor. It is a
violation of Michigan election law for a person other than those listed in the
instructions to return, offer to return, agree to return, or solicit to return
your absent voter ballot application to the clerk. An assistant authorized by
the clerk who receives absent voter ballot applications at a location other than
the clerk's office must have credentials signed by the clerk. Ask to see his or
her credentials before entrusting your application with a person claiming to
have the clerk's authorization to return your application.
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Certificate of Authorized Registered |
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Elector Returning Absent Voter |
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Ballot Application |
I certify that my name is .................... , my address
is .................... , and my date of birth is ............ ; that I am
delivering the absent voter ballot application of .................... at his
or her request; that I did not solicit or request to return the application;
that I have not made any markings on the application; that I have not altered
the application in any way; that I have not influenced the applicant; and that
I am aware that a false statement in this certificate is a violation of
Michigan election law.
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_________________ |
_________________________________________ |
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(Date) |
(Signature)" |
(6) The following instructions for an applicant for an absent
voter ballot must be included with each application furnished an applicant:
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INSTRUCTIONS FOR
APPLICANTS FOR ABSENT VOTER BALLOTS |
Step 1. After completely filling out the application, sign
and
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date the application in the place designated. Your
signature must appear on the application or you may not receive an absent voter
ballot.
Step 2. Deliver the application by 1 of the following
methods:
(a) Place the application in an envelope addressed to the
appropriate clerk and place the necessary postage upon the return envelope and
deposit it in the United States mail or with another public postal service,
express mail service, parcel post service, or common carrier.
(b) Deliver the application personally to the clerk's office,
to the clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b), a member of the immediate family of
the voter including a father-in-law, mother-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a
person residing in the voter's household may mail or deliver the application to
the clerk for the applicant.
(d) If an applicant cannot return the application in any of
the above methods, the applicant may select any registered elector to return
the application. The person returning the application must sign and return the
certificate at the bottom of the application.
(7) A person who prints and distributes absent voter ballot
applications shall print on the application the warning, certificate of
authorized registered elector returning absent voter ballot application, and
instructions required by this section.
(8) A person who makes a false statement in an absent voter
ballot application is guilty of a misdemeanor. A person who forges a signature
on an absent voter ballot application is guilty of a felony. A person who is
not authorized in this act and who both
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distributes absent voter ballot applications to
absent voters and returns those absent voter ballot applications to a clerk or
assistant of the clerk is guilty of a misdemeanor.
(9) The absent voter ballot application of an elector who is
a program participant, as that term is defined in section
3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, is confidential and not
subject to disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
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 must 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
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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 Department
of defense Defense website is filed, the clerk shall accept the
federal postcard application or the application from the official United States
department Department
of defense 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 must be delivered to the proper election board to be counted and tabulated. If
the absent voter ballot return envelope containing a marked absent voter ballot
is postmarked before or on election day and the absent voter ballot is received
by the city or township clerk within 48 hours after 8 p.m. on election day, the
city or township clerk shall count and tabulate that absent voter ballot. Not
later than
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the third day after election day, each city and
township clerk shall transmit the results of the absent voter ballots tabulated
after the election to the board of county canvassers of the county in which
that city or township is located. 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
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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
must 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 must
include the proper procedures for returning the absent voter
ballot to the appropriate clerk.
(9) The size of a precinct shall
must 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,
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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
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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 must
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,
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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 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 must
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 must be counted and
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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) 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
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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, Army, the Navy, the Air Force,
the Marine Corps, the Coast Guard, the commissioned
corps Commissioned Corps of the public health service, Public
Health Service, the commissioned corps Commissioned Corps of the national
oceanic National Oceanic and atmospheric administration, Atmospheric
Administration, a reserve component of a uniformed service, or the
Michigan national guard National
Guard as that term is defined in section
105 of the Michigan military act, 1967 PA 150, MCL 32.505.
Sec. 759e. Beginning on the effective
date of the amendatory act that added this section, the clerk of each city and
township shall, not later than 75 days before each election held in the city or
township, send to each registered elector in the city or township both of the
following:
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(a)
An absent voter ballot application.
(b)
A postage prepaid return envelope for the absent voter ballot application.
Sec. 761. (1) If
the clerk of a city or township receives an application for an absent voter
ballot from a person registered to vote in that city or township and if the
signature on the application agrees with the signature for the person contained
in the qualified voter file or on the registration card as required in
subsection (2), the clerk immediately upon receipt of the application or, if
the application is received before the printing of the absent voter ballots, as
soon as the ballots are received by the clerk, shall forward by mail, postage
prepaid, or shall deliver personally 1 of the ballots or set of ballots if
there is more than 1 kind of ballot to be voted to the applicant. If the clerk
of a city or township receives an application for an absent voter ballot from
an applicant who is a program participant, as that term is defined in section 3 of the address confidentiality program act,
2020 PA 301, MCL 780.853, then
the city or township clerk shall mail an absent voter ballot to that program
participant at the designated address provided to that program participant by
the department of the attorney general under the address confidentiality
program act, 2020 PA 301, MCL 780.851 to 780.873.
Subject to the identification requirement in subsection (6), absent voter
ballots may be delivered to an applicant in person at the office of the clerk. If the clerk of a city or township receives an application for an
absent voter ballot from an individual registered to vote in that city or
township and the signature on the application does not agree with the signature
for the individual contained in the qualified voter file or on the
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registration card as required in subsection (2),
the clerk of the city or township shall proceed as provided in section 766a(1).
If the clerk of a city or township receives an application for an absent voter
ballot from an individual registered to vote in that city or township and the individual
failed to sign the application, the clerk of the city or township shall proceed
as provided in section 766a(2).
(2) The qualified voter file must be used to determine the
genuineness of a signature on an application for an absent voter ballot.
Signature comparisons must be made with the digitized signature in the
qualified voter file. If the qualified voter file does not contain a digitized
signature of an elector, or is not accessible to the clerk, the city or
township clerk shall compare the signature appearing on the application for an
absent voter ballot to the signature contained on the master card. If before 8 p.m. on the day before election day
the clerk of a city or township rejects an absent voter ballot application
because the signature on the absent voter ballot application does not agree
sufficiently with the signature on the master card or the digitized signature
contained in the qualified voter file so as to identify the elector or because
the elector failed to sign the absent voter ballot application, the city or
township clerk shall as soon as practicable, but in no event later than 48
hours after determining the signatures do not agree sufficiently or that the
signature is missing, or by 8 p.m. on the day before election day, whichever
occurs first, notify the elector of the rejection by mail, telephone, or
electronic mail.
(3) Subject to the identification requirement in subsection
(6) and except as otherwise provided in this subsection, a person
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an individual may apply in
person at the clerk's office before 8 p.m. on election day to vote as an absent
voter. Except as otherwise provided in subsection
(2), section 766a, only
an individual who is not a registered elector, or an individual who is not
registered to vote in the city or township in which he or she is registering to
vote, and who registers to vote on election day in person with the clerk of the
city or township in which the individual resides may apply for and complete an
absent voter ballot in person at the clerk's office on election day. Except as
otherwise provided in subsection (2), section 766a, the clerk of a city or township shall
not issue an absent voter ballot to a registered elector in that city or
township after 4 p.m. on the day before the election. The applicant shall
receive his or her absent voter ballot and vote the ballot in the clerk's
office. All other absent voter ballots, except ballots delivered pursuant to an
emergency absent voter ballot application under section 759b, must be mailed or
delivered to the registration address of the applicant unless the application
requests delivery to an address outside the city or township or to a hospital
or similar institution, in which case the absent voter ballots must be mailed
or delivered to the address given in the application. However, a clerk may mail
or deliver an absent voter ballot, upon request of the absent voter, to a post
office box if the post office box is where the absent voter normally receives
personal mail and the absent voter does not receive mail at his or her
registration address.
(4) Absent voter ballots must be issued in the same order in
which applications are received by the clerk of a city, township, or village,
as nearly as may be, and each ballot issued must bear the lowest number of each
kind available for this purpose. However,
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this provision does not prohibit a clerk from
immediately issuing an absent voter ballot to an absent voter who applies in
person in the clerk's office for absent voter ballots. The clerk shall enclose
with the ballot or ballots a postage prepaid return
envelope properly addressed to the clerk and bearing upon the back of the
envelope a printed statement in substantially the following form:
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TO BE COMPLETED |
||||||
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BY THE CLERK |
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_________________________ |
___________________________ |
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Name of Voter |
Street Address or R.R.
or Program Participant Identification Number |
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_________________________ |
_______________________ |
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City or Township |
County |
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Ward ______ |
Precinct ______ |
Date of Election
______ |
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============================================================= |
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TO BE COMPLETED BY THE ABSENT VOTER |
||||||
I assert that I am a United States citizen and a qualified
and registered elector of the city or township named above. I am voting as an
absent voter in conformity with state election law. Unless otherwise indicated
below, I personally marked the ballot enclosed in this envelope without
exhibiting it to any other person.
I further assert that this absent voter ballot is being
returned to the clerk or an assistant of the clerk by me personally; by public
postal service, express mail service, parcel post service, or other common
carrier; by a member of my immediate family; or by a person residing in my
household.
|
DATE: ______________ |
SIGN HERE:
X_____________________ |
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Signature of Absent
Voter |
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The above form must be
signed or your vote may not be counted. AN ABSENT VOTER WHO KNOWINGLY MAKES A
FALSE STATEMENT IS GUILTY OF A MISDEMEANOR. |
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============================================================== |
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TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING |
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BY ANOTHER PERSON |
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I assisted the above named absent voter who is disabled or
otherwise unable to mark the ballot in marking his or her absent voter ballot
pursuant to his or her directions. The absent voter ballot was inserted in the
return envelope without being exhibited to any other person.
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____________________ |
______________ |
_______________ |
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Signature of Person |
Street Address |
City or Township |
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Assisting Voter |
or R.R. |
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____________________________________________________________ |
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Printed Name of Person
Assisting Voter |
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A PERSON WHO ASSISTS
AN ABSENT VOTER AND WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF A
FELONY. |
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============================================================ |
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WARNING |
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PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER
BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A PERSON WHO
IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR RESIDES IN THE ABSENT
VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY THE ABSENT VOTER TO RETURN THE
BALLOT; A PERSON WHOSE JOB IT IS TO HANDLE MAIL BEFORE, DURING, OR AFTER BEING
TRANSPORTED BY A PUBLIC POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST
SERVICE, OR COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER
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EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE
CLERK, AND OTHER AUTHORIZED ELECTION OFFICIALS OF THE CITY OR TOWNSHIP. ANY
OTHER PERSON IN POSSESSION OF AN ABSENT VOTER BALLOT IS GUILTY OF A FELONY.
(5) An absent voter who knowingly makes a false statement on
the absent voter ballot return envelope is guilty of a misdemeanor. A person
who assists an absent voter and who knowingly makes a false statement on the
absent voter ballot return envelope is guilty of a felony.
(6) If an elector obtains his or her absent voter ballot in
person from the clerk of the city or township in which he or she is registered,
the clerk of the city or township shall not provide an absent voter ballot to
that elector until the elector identifies himself or herself to the clerk by
presenting identification for election purposes. If an elector does not have
identification for election purposes, the elector may sign an affidavit to that
effect before the clerk of the city or township and be allowed to obtain his or
her absent voter ballot in person from the clerk. The clerk of the city or
township shall indicate to each elector who is registered in that city or
township and who obtains his or her absent voter ballot in person from the
clerk that the elector may sign an affidavit indicating that the elector does
not have identification for election purposes in order to obtain his or her
absent voter ballot in person from the clerk. However, if an elector obtains
his or her absent voter ballot in person from the clerk and votes by absent
voter ballot without providing identification for election purposes required
under this subsection, the absent voter ballot of that elector must be prepared
as a challenged ballot as provided in section 727 and must
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be counted as any other ballot is counted unless
determined otherwise by a court of law under section 747 or 748 or any other
applicable law.
Sec. 764a. The following instructions for an absent voter must be included with each ballot or set of ballots furnished an absent voter:
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INSTRUCTIONS FOR ABSENT VOTERS |
Step 1. Enclosed you will find voting instructions as to the method of voting. Read these carefully and then vote the ballot.
Step 2. After voting a ballot, place the ballot in the secrecy sleeve, if any. If a secrecy sleeve is not provided, refold the ballot to conceal your votes.
Step 3. Place the ballot or ballots in the postage prepaid return envelope and securely seal the return envelope.
Step 4. Sign and date the return envelope in the place designated. Your signature must appear on the return envelope or the ballot will not be counted. If you are disabled or otherwise unable to mark the ballot and required assistance in voting your absent voter ballot, have the individual who assisted you complete the section on the return envelope entitled "TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING BY ANOTHER INDIVIDUAL".
Step 5. Deliver the return envelope by 1 of the following methods:
(a) Place the necessary postage upon the return envelope and deposit it Deposit the postage prepaid return envelope in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier.
(b) Deliver the return envelope personally to the office of the clerk, to the clerk, or to an authorized assistant of the
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clerk, or to a secure drop box located in the city or township.
(c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or an individual residing in the voter's household may mail or deliver a ballot to the clerk for the voter.
(d) You may request by telephone that the clerk who issued the ballot provide assistance in returning the ballot. The clerk is required to provide assistance if you are unable to return your absent voter ballot as specified in (a), (b), or (c) above, if it is before 5 p.m. on the Friday immediately preceding the election, and if you are asking the clerk to pick up the absent voter ballot within the jurisdictional limits of the city, township, or village in which you are registered. Your absent voter ballot will then be picked up by the clerk or an election assistant sent by the clerk. All individuals authorized to pick up absent voter ballots are required to carry credentials issued by the clerk. If using this absent voter ballot return method, do not give your ballot to anyone until you have checked their credentials.
Step 6. The absent voter ballot return envelope containing a marked absent voter ballot must be postmarked before or on election day and must reach the clerk or an authorized assistant of the clerk before the close of the polls within 48 hours after 8 p.m. on election day. An If the return envelope containing an absent voter ballot is postmarked after election day or is received by the clerk or assistant of the clerk more than 48 hours after the close of the polls 8 p.m. on election day, the absent voter ballot will not be counted.
|
WARNING |
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All of the following actions are violations of the Michigan election law and are illegal in this state:
(1) To vote an absent voter ballot at a meeting or gathering at which other individuals are voting absent voter ballots.
(2) For an individual who is assisting an absent voter in marking the ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.
(3) For an individual who is present and knows that an individual is voting an absent voter ballot to suggest or in any manner attempt to influence the absent voter on how he or she should vote.
(4) For an individual other than those listed in these instructions to return, offer to return, agree to return, or solicit to return an absent voter ballot to the clerk.
(5) For an individual other than the absent voter; an individual listed in these instructions; or an individual whose job it is to handle mail before, during, or after being transported by a public postal service, express mail service, parcel post service, or common carrier, but only during the normal course of his or her employment to be in possession of a voted or unvoted absent voter ballot.
Sec. 764e. (1) This state shall
reimburse each city or township for the cost of providing prepaid postage on
absent voter ballot return envelopes and absent voter ballot application return
envelopes. The reimbursement must not exceed the verified account of actual
costs of providing prepaid postage on absent voter ballot return envelopes and
absent voter ballot application return envelopes as provided in this section.
(2)
Payment must be made upon presentation and approval of a
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verified account of actual costs to the
department of treasury, local audit and finance division.
(3)
The legislature shall appropriate from the general fund of this state an amount
necessary to implement this section.
(4) To qualify
for reimbursement, a city or township must submit its verified account of
actual costs for providing prepaid postage on absent voter ballot return
envelopes and absent voter ballot application return envelopes before the
expiration of 90 days after the date of an election. This state shall pay or
disapprove all or a portion of the verified account before the expiration of 90
days after this state receives a verified account of actual costs under this
subsection.
(5) If this state
disapproves all or a portion of a verified account of actual costs under
subsection (4), this state shall send a notice of disapproval along with the
reasons for the disapproval to the city or township. Upon request of a city or
township whose verified account or portion of a verified account was
disapproved under this section, this state shall review the disapproved costs
with the city or township.
Sec. 765. (1) Except as otherwise provided in subsection (6), a A clerk who receives an absent voter ballot return envelope containing the marked ballots of an absent voter shall not open that envelope before delivering the envelope to the board of election inspectors as provided in this section. Except as otherwise provided in subsection (2) or (6), the city or township clerk shall safely keep in his or her office until election day any absent voter ballot return envelopes received by the clerk before election day containing the marked ballots of an absent voter.
(2) If a city or township establishes absent voter counting
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boards under section 765a that meet to open, process, and tabulate absent voter ballots before election day, the clerk of that city or township shall deliver the absent voter ballot return envelopes to the chairperson or other member of the board of election inspectors in that absent voter's absent voter counting board precinct each day that the absent voter counting board meets before election day. Before the opening of the polls on election day or as soon after the opening of the polls as possible, the clerk shall deliver the absent voter ballot return envelopes to the chairperson or other member of the board of election inspectors in the absent voter's precinct, together with the signed absent voter ballot applications received by the clerk from any voters of that precinct and the clerk's list or record kept relative to those absent voters. However, if higher numbered ballots are used under section 717, the clerk shall retain the applications and lists in his or her office and shall keep the applications and lists open to public inspection at all reasonable hours. Absent Except as otherwise provided in section 765a, absent voter ballots must not be tabulated before the opening of the polls on election day.
(3) The city or township clerk, or authorized designee of the clerk, shall call for and receive absent voter ballots from the post office at which the city or township clerk regularly receives mail addressed to the city or township clerk on election day. Any envelopes containing absent voter ballots that are received from the post office or from voters who voted by absentee ballot in person in the clerk's office on election day must be delivered to the board of election inspectors or, except as otherwise provided in section 764d, the absent voter counting boards to be tabulated.
(4) If the absent voter ballot return envelope containing a
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marked absent voter ballot is postmarked before or on election day and the absent voter ballot is received by the city or township clerk within 48 hours after 8 p.m. on election day, the city or township clerk shall count and tabulate that absent voter ballot. Not later than the third day after election day, each city and township clerk shall transmit the results of the absent voter ballots tabulated after the election to the board of county canvassers of the county in which that city or township is located. If the absent voter ballot return envelope containing a marked absent voter ballot is postmarked after election day or is received by the clerk more than 48 hours after the close of the polls, 8 p.m. on election day, the clerk shall plainly mark the return envelope with the time and date of receipt and shall file the return envelope in his or her office.
(5) On or before 8 a.m. on election day, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballots the clerk distributed to absent voters and the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk before election day and to be delivered to the board of election inspectors or the absent voter counting boards under this act. On or before 9 p.m. on election day, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk on election day and delivered to the board of election inspectors, under subsection (3), along with the total number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the clerk both before and on election day and delivered to the board of election inspectors or the absent
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voter counting boards under this act. As soon as possible after all precincts in the city or township are processed, the clerk shall post in the clerk's office or otherwise make public the number of absent voter ballot return envelopes containing the marked ballots of absent voters received by the election inspectors at the precincts on election day, along with the total number of absent voter ballot return envelopes containing the marked ballots of absent voters received in the city or township for that election. This subsection applies only to elections in which a federal or state office appears on the ballot.
(6) For the November 3, 2020
general election only, if the clerk of a city or township with a population of
at least 25,000 provides written notice in compliance with this subsection to
the secretary of state 20 days or more before election day, that city or
township clerk, or his or her authorized designee, may between the hours of 10
a.m. and 8 p.m. on the day before election day perform certain absent voter
ballot pre-processing activities as described in this subsection. The written
notice provided to the secretary of state must include the location and hours
that the absent voter ballot return envelopes will be opened in that city or
township. The secretary of state shall post any written notice received from
the clerk of a city or township under this subsection on the department of
state website. In addition, the clerk of the city or township shall post the
written notice provided to the secretary of state on the city or township
website. The board of election commissioners shall appoint election inspectors
to the location where absent voter ballot return envelopes will be opened in
that city or township not less than 21 days or more than 40 days before the day
at which they are to be used. Election inspectors
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may be
appointed by the board of election commissioners under this subsection before
written notice is provided to the secretary of state under this subsection.
Sections 673a and 674 apply to the appointment of election inspectors under
this subsection. All requirements for election inspectors appointed to an
absent voter counting board under section 765a apply to election inspectors
appointed under this subsection. At all times, at least 1 election inspector
from each major political party must be present at the location and the
policies and procedures adopted by the secretary of state regarding the
handling of absent voter ballot return envelopes and absent voter ballot
secrecy envelopes must be followed. After providing written notice to the
secretary of state in compliance with this subsection, a city or township
clerk, or his or her authorized designee, on the day before election day is
only authorized to perform standard processing activities up to and including
the opening of absent voter ballot return envelopes and the removal of absent
voter ballot secrecy envelopes containing absent voter ballots and to verify
that the ballot number on the ballot stub agrees with the ballot number on the
absent voter ballot return envelope label. The city or township clerk, or his
or her authorized designee, is not authorized to remove absent voter ballots
from the absent voter ballot secrecy envelopes. If an opened absent voter
ballot return envelope contains an absent voter ballot that is not contained in
an absent voter ballot secrecy envelope, the city or township clerk, or his or
her designee, shall immediately insert that absent voter ballot into an absent
voter ballot secrecy envelope. The opening of absent voter ballot return
envelopes must be done at a location designated by the city or township clerk,
and the location and opening of absent voter ballot
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return
envelopes must be accessible to challengers as described in section 730. The
election inspectors appointed to the location where absent voter ballot return
envelopes will be opened in that city or township must never leave the absent
voter ballot secrecy envelopes unattended. Once the absent voter ballot return
envelopes have been opened as provided in this subsection, the absent voter
ballot secrecy envelopes containing the absent voter ballots to be counted must
be stored, secured, and sealed in an absent voter ballot secrecy envelope
container, as described in section 24k, or stored, secured, and sealed in a
ballot container approved under section 24j. The city or township clerk shall
record the seal number in the poll book, or an addendum to the poll book, and
follow all other policies and procedures adopted by the secretary of state
regarding absent voter ballots. The poll book, or an addendum to the poll book,
must be signed and dated by 1 election inspector from each major political
party who is present at the location on the day before election day. The city or
township clerk shall store the absent voter ballot secrecy envelope container
containing the absent voter ballot secrecy envelopes in a secure location until
election day.
(7) The election inspectors who are appointed under subsection (6) shall record in the poll book, or an addendum to the poll book, all of the following:
(a) The number of absent voter ballot return envelopes that were opened on the day before election day.
(b) The number of absent voter ballot return envelopes delivered to the election inspectors that did not contain an elector's signature and that were returned to the city or township clerk.
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(c) The number of absent voter ballot return envelopes that were challenged, not opened by the election inspectors, and set aside to be processed by the election inspectors on election day.
(8) The election inspectors who are appointed to an absent voter counting board on election day as provided in section 765a shall do all of the following:
(a) Verify the seal number recorded in the poll book, or an addendum to the poll book, for any absent voter ballot secrecy envelope container delivered to the absent voter counting board.
(b) Count and record in the poll book, or an addendum to the poll book, both of the following:
(i) The number of absent voter ballot return envelopes opened by the election inspectors on the day before election day as provided under subsection (6) and the number of absent voter ballot secrecy envelopes delivered to the absent voter counting board on election day.
(ii) The number of absent voter ballot return envelopes that
were challenged, not opened by the election inspectors on the day before
election day, and set aside to be processed by the election inspectors on
election day.
(9) Not later than March 1,
2021, the secretary of state shall provide a written report to the house and
senate committees dealing with elections that contains all of the following
information:
(a) The number of cities and
townships that performed absent voter ballot pre-processing activities as
described in subsection (6).
(b) The names of the cities
and townships that performed absent voter ballot pre-processing activities as
described in subsection (6), and all of the following information for each of
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those
cities and townships:
(i) The number of registered electors in each
city or township.
(ii) The number of active registered
electors in each city or township.
(iii) The number of electors who
voted by absent voter ballot in each city or township.
(iv) The number of electors who
voted in person on election day in each city or township.
(v) The number of absent voter ballots that were
not returned in each city or township.
(vi) The number of electors on a permanent absent voter list
in each city or township, if applicable.
(vii) The number of ballots that had to be duplicated in each
city or township.
(c) The total number of absent
voter ballot return envelopes that were opened on the day before election day.
(d) The total number of absent
voter ballot return envelopes delivered to the election inspectors that did not
contain an elector's signature and that were returned to the city or township
clerk.
(e) The total number of absent
voter ballot return envelopes that were challenged, not opened by the election
inspectors, and set aside to be processed by the election inspectors on
election day.
(f) The total number of absent
voter ballot secrecy envelopes that were stored in an absent voter ballot
secrecy envelope container.
(g) For each city or township that performed absent voter ballot pre-processing activities as described in subsection (6),
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whether the number of absent voter ballot return envelopes opened on the day before election day matched the number of absent voter ballot secrecy envelopes delivered to the absent voter counting board on election day.
Sec. 765a. (1) Subject to section 764d, if a city or township decides to use absent voter counting boards, the board of election commissioners of that city or township shall establish an absent voter counting board for each election day precinct in that city or township. A city or township may authorize absent voter counting boards to be established to meet not only on election day, but also for up to 22 days before election day. The city or township shall provide notice of those absent voter counting boards authorized to meet on days before election day as provided in subsection (14). Absent voter counting boards established and authorized to meet on days before election day must comply with the requirements in subsection (15). The ballot form of an absent voter counting board must correspond to the ballot form of the election day precinct for which it is established. After the polls close on election day, the county, city, or township clerk responsible for producing the accumulation report of the election results submitted by the boards of precinct election inspectors shall format the accumulation report to clearly indicate all of the following:
(a) The election day precinct returns.
(b) The corresponding absent voter counting board returns.
(c) A total of each election day precinct return and each corresponding absent voter counting board return.
(2) Subject to section 764d, the board of election commissioners shall establish the absent voter counting boards. Subject to section 764d, the board of election commissioners shall
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appoint the election inspectors to those absent voter counting boards not less than 21 days or more than 40 days before the election at which they are to be used. Sections 673a and 674 apply to the appointment of election inspectors to absent voter counting boards under this section. The board of election commissioners shall determine the number of ballots that may be expeditiously counted by an absent voter counting board in a reasonable period of time, taking into consideration the size and complexity of the ballot to be counted pursuant to the guidelines of the secretary of state. Combined ballots must be regarded as the number of ballots as there are sections to the ballot.
(3) If more than 1 absent voter counting board is to be used, the city or township clerk shall determine the number of electronic voting systems or the number of ballot boxes and the number of election inspectors to be used in each of the absent voter counting boards and to which absent voter counting board the absent voter ballots for each precinct are assigned for counting.
(4) In a city or township that uses absent voter counting boards under this section, absent voter ballots must be counted in the manner provided in this section and, except as otherwise provided in section 764d, absent voter ballots must not be delivered to the polling places. Subject to section 764d, the board of election commissioners shall provide a place for each absent voter counting board to count the absent voter ballots. Section 662 applies to the designation and prescribing of the absent voter counting place or places in which the absent voter counting board performs its duties under this section, except the location may be in a different jurisdiction if the county provides a tabulator for use at a central absent voter counting board location in that
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county. The places must be designated as absent voter counting places. Except as otherwise provided in this section, laws relating to paper ballot precincts, including laws relating to the appointment of election inspectors, apply to absent voter counting places. The provisions of this section relating to placing of absent voter ballots on electronic voting systems apply. More than 1 absent voter counting board may be located in 1 building.
(5) The clerk of a city or township that uses absent voter counting boards shall supply each absent voter counting board with supplies necessary to carry out its duties under this act. The supplies must be furnished to the city or township clerk in the same manner and by the same persons or agencies as for other precincts.
(6) Subject to section 764d, absent voter ballots received by the clerk before election day must be delivered to the absent voter counting board by the clerk or the clerk's authorized assistant at the time the election inspectors of the absent voter counting boards report for duty, which time must be established by the board of election commissioners or, if absent voter counting boards are authorized to be established before election day, by the city or township. Except as otherwise provided in section 764d, absent voter ballots received by the clerk before the time set for the closing of the polls on election day must be delivered to the absent voter counting boards. Except as otherwise provided in section 765(6), absent Absent voter ballots must be delivered to the absent voter counting boards or combined absent voter counting boards in the sealed absent voter ballot return envelopes in which they were returned to the clerk. Written or stamped on each of the return envelopes must be the time and the date that the envelope
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was received by the clerk and a statement by the clerk that the signatures of the absent voters on the envelopes have been checked and found to agree with the signatures of the voters on the registration cards or the digitized signatures of voters contained in the qualified voter file as provided under section 766. If it is determined after 8 p.m. on the day before election day that a signature on the registration card or a digitized signature contained in the qualified voter file and on the absent voter ballot return envelope does not agree as provided under section 766 , or if it is determined after 8 p.m. on the day before election day that the absent voter failed to sign the envelope, or if the clerk shall proceed as provided in section 766b. If the statement of the absent voter is not properly executed, the clerk shall mark the envelope "rejected" and the reason for the rejection and shall place his or her name under the notation. An envelope marked "rejected" must not be delivered to the absent voter counting board or combined absent voter counting board but must be preserved by the clerk until other ballots are destroyed in the manner provided in this act. If before 8 p.m. on the day before election day the clerk of a city or township rejects an absent voter ballot return envelope because the signature on the absent voter ballot return envelope does not agree sufficiently with the signature on the master card or the digitized signature contained in the qualified voter file so as to identify the elector or because the elector failed to sign the absent voter ballot return envelope, the city or township clerk shall as soon as practicable, but in no event later than 48 hours after determining the signatures do not agree sufficiently or that the signature is missing, or by 8 p.m. on the day before election day, whichever occurs first, notify the elector
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of the rejection by mail, telephone, or electronic mail. The clerk shall also comply with section 765(5).
(7) This chapter does not prohibit an absent voter from voting in person within the voter's precinct at an election, notwithstanding that the voter may have applied for an absent voter ballot and the ballot may have been mailed or otherwise delivered to the voter. The voter, the election inspectors, and other election officials shall proceed in the manner prescribed in section 769. The clerk shall preserve the canceled ballots for 2 years.
(8) The absent voter counting boards and combined absent voter counting boards shall process the ballots and returns in as nearly as possible the same manner as ballots are processed in paper ballot precincts. The poll book may be combined with the absent voter list or record required by section 760, and the applications for absent voter ballots may be used as the poll list. The Except as otherwise provided in this section, the processing and tallying of absent voter ballots may commence at 7 a.m. on the day of the election.
(9) An election inspector, challenger, or any other person individual in attendance at an absent voter counting place or combined absent voter counting place at any time after the processing of ballots has begun shall take and sign the following oath that may be administered by the chairperson or a member of the absent voter counting board or combined absent voter counting board:
"I (name of person individual taking oath) do solemnly swear (or affirm) that I shall not communicate in any way any information relative to the processing or tallying of votes that may come to me
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while in this counting place until after the polls are closed.".
(10) The oaths administered under subsection (9) must be placed in an envelope provided for the purpose and sealed with the red state seal. Following the election, the oaths must be delivered to the city or township clerk. Except as otherwise provided in subsection (12), a person an individual in attendance at the absent voter counting place or combined absent voter counting place shall not leave the counting place after the tallying has begun until the polls close. Subject to this subsection, the clerk of a city or township may allow the election inspectors appointed to an absent voter counting board in that city or township to work in shifts. A second or subsequent shift of election inspectors appointed for an absent voter counting board may begin that shift at any time on election day as provided by the city or township clerk. However, an election inspector shall not leave the absent voter counting place after the tallying has begun until the polls close. If the election inspectors appointed to an absent voter counting board are authorized to work in shifts, at no time shall there be a gap between shifts and the election inspectors must never leave the absent voter ballots unattended. At all times, at least 1 election inspector from each major political party must be present at the absent voter counting place and the policies and procedures adopted by the secretary of state regarding the counting of absent voter ballots must be followed. A person An individual who causes the polls to be closed or who discloses an election result or in any manner characterizes how any ballot being counted has been voted in a voting precinct before the time the polls can be legally closed on election day is guilty of a felony.
(11) Voted absent voter ballots must be placed in an approved
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ballot container, and the ballot container must be sealed in the manner provided by this act for paper ballot precincts. The seal numbers must be recorded on the statement sheet and in the poll book.
(12) Subject to this subsection, a local election official who has established an absent voter counting board or combined absent voter counting board, the deputy or employee of that local election official, an employee of the state bureau of elections, a county clerk, an employee of a county clerk, or a representative of a voting equipment company may enter and leave an absent voter counting board or combined absent voter counting board after the tally has begun but before the polls close, and between 8 a.m. and 5 p.m. on any day before election day authorized by a city or township if absent voter counting boards are established to open, process, and tabulate absent voter ballots before election day. A person An individual described in this subsection may enter an absent voter counting board or combined absent voter counting board only for the purpose of responding to an inquiry from an election inspector or a challenger or providing instructions on the operation of the counting board. Before entering an absent voter counting board or combined absent voter counting board, a person an individual described in this subsection must take and sign the oath prescribed in subsection (9). The chairperson of the absent voter counting board or combined absent voter counting board shall record in the poll book the name of a person an individual described in this subsection who enters the absent voter counting board or combined absent voter counting board. A person An individual described in this subsection who enters an absent voter counting board or combined absent voter counting board and who discloses an
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election result or in any manner characterizes how any ballot being counted has been voted in a precinct before the time the polls can be legally closed on election day is guilty of a felony. As used in this subsection, "local election official" means a county, city, or township clerk.
(13) The secretary of state shall develop instructions
consistent with this act for the conduct of absent voter counting boards or
combined absent voter counting boards. The secretary of state shall distribute
the instructions developed under this subsection to county, city, and township
clerks 40 days or more before a general election in which absent voter counting
boards or combined absent voter counting boards will be used. A county, city,
or township clerk shall make the instructions developed under this subsection
available to the public and shall distribute the instructions to each
challenger in attendance at an absent voter counting board or combined absent
voter counting board. The instructions developed under this subsection are
binding upon the operation of an absent voter counting board or combined absent
voter counting board used in an election conducted by a county, city, or
township.
(14) No later
than 5 days before the first day absent voter ballots can be opened, processed,
or tabulated, a city or township that authorizes absent voter counting boards
to be established before election day shall provide notice in a newspaper of
general circulation in that city or township of the location, dates, and hours
the absent voter counting boards will meet before election day. In addition,
the notice required under this subsection must state that an absent voter who
votes and returns his or her absent voter ballot to the city or township clerk
is not permitted to
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spoil his or her absent voter ballot after the date the absent
voter counting boards in that city or township are authorized to meet to open,
process, and tabulate absent voter ballots. The city or township shall also
provide the notice described in this subsection to the county chairperson of
each political party where that city or township is located.
(15) Absent voter counting boards established and authorized to meet on days before election day shall meet only between 8 a.m. and 5 p.m. on those days authorized by the city or township before election day, and shall meet beginning at 7 a.m. on election day. Absent voter counting boards established and authorized to meet on days before election day are only permitted to open, process, and tabulate absent voter ballots and are not permitted to tally or count the results of those absent voter ballots. A tabulator used in an absent voter counting board before election day must be programmed to not reveal any election results until election day. Each day before election day, the absent voter ballots that have been opened, processed, and tabulated in an absent voter counting board must be secured in an approved ballot container and sealed in the manner as provided in subsection (11). The ballot container must be kept in a secure location until election day.
Sec. 765b. (1) Not Except as otherwise provided in subsection (9), not later than 5 p.m. on the Friday immediately before an election, an elector may submit a signed, written statement to his or her city or township clerk requesting that the clerk do both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(2) Upon receipt of a signed, written statement from an
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elector as described in subsection (1), the city or township clerk shall mark the absent voter ballot return envelope of that elector as "spoiled" and retain the envelope. In addition, the city or township clerk shall provide or mail a new absent voter ballot to that elector.
(3) An Except as otherwise provided in subsection (9), an elector who has returned an absent voter ballot may, before 10 a.m. on the day before an election except Sunday or a legal holiday, appear in person at his or her city or township clerk's office to do both of the following:
(a) Spoil his or her absent voter ballot by submitting a signed, written statement to the city or township clerk indicating that the elector wishes to have his or her absent voter ballot spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(4) Upon receipt of the signed, written statement from an elector as described in subsection (3)(a), the city or township clerk shall mark the absent voter ballot return envelope of that elector as "spoiled" and retain the envelope. In addition, the city or township clerk shall issue the elector a new absent voter ballot that must be voted by the elector in the clerk's office.
(5) Not later than 5 p.m. on the Friday immediately before an election, an elector who has lost his or her absent voter ballot or not yet received his or her absent voter ballot in the mail may submit a signed, written statement to his or her city or township clerk requesting that the clerk do both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(6) Upon receipt of a signed, written statement from an
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elector as described in subsection (5), the city or township clerk shall indicate in the qualified voter file that the original ballot is spoiled. In addition, the city or township clerk shall provide or mail a new absent voter ballot to that elector.
(7) An elector who has lost his or her absent voter ballot or not yet received his or her absent voter ballot in the mail may, before 4 p.m. on the day before an election except Sunday or a legal holiday, appear in person at his or her city or township clerk's office to do both of the following:
(a) Spoil his or her absent voter ballot by submitting a signed, written statement to the city or township clerk indicating that the elector wishes to have his or her absent voter ballot spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(8) Upon receipt of the signed, written statement from
an elector described in subsection (7)(a), the city or township clerk shall
indicate in the qualified voter file that the original ballot is spoiled. In
addition, the city or township clerk shall issue the elector a new absent voter
ballot that must be voted by the elector in the clerk's office.
(9) If a city or township authorizes that absent voter counting boards be established to open, process, and tabulate absent voter ballots before election day as provided in section 765a, an elector who has voted and returned his or her absent voter ballot to the city or township clerk is not permitted to spoil his or her absent voter ballot after the date absent voter counting boards in that city or township are authorized to meet and begin opening, processing, and tabulating absent voter ballots.
Sec. 766. (1)
Upon receipt from the city or township clerk of
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any envelope containing the marked ballot or
ballots of an absent voter, the board of election
inspectors of election shall
verify the legality of the vote by doing both of the following:
(a) Examining the digitized signature for the absent voter
included in the qualified voter file under section 509q or the registration
record as provided in subsection (2) to see that the person
individual has not voted in
person, that he or she is a registered voter, and,
subject to subsection (3), that the signature on the statement
agrees with the signature on the registration record.
(b) Examining the statement of the voter to see that it is
properly executed.
(2) The qualified voter file must be used to determine the
genuineness of a signature on an envelope containing an absent voter ballot.
Signature comparisons must be made with the digitized signature in the
qualified voter file. If the qualified voter file does not contain a digitized
signature of an elector, or is not accessible to the clerk, the city or township
clerk shall compare the signature appearing on an envelope containing an absent
voter ballot to the signature contained on the master card.
(3) If the board of election inspectors determines that the signature on the statement does not agree with the signature on the registration record, the board of election inspectors shall notify the clerk of the city or township that the signatures do not agree and the clerk of the city or township shall proceed as provided in section 766b.
Sec. 766a. (1) If the clerk of a city
or township rejects an absent voter ballot application because the signature on
the absent voter ballot application does not agree with the signature on the
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master card or the digitized signature contained
in the qualified voter file so as to identify the elector, the city or township
clerk shall as soon as practicable notify the elector of the rejection by mail,
telephone, or electronic mail. An elector who is notified of a rejection by a
clerk under this subsection may, subject to the identification requirement in
section 761(6), appear in person at the clerk's office before 8 p.m. on
election day to verify his or her signature and obtain his or her absent voter
ballot.
(2)
If the clerk of a city or township rejects an absent voter ballot application
because the elector failed to sign the absent voter ballot application, the
city or township clerk shall as soon as practicable notify the elector of the rejection
by mail, telephone, or electronic mail. An elector who is notified of a
rejection by a clerk under this subsection may, subject to the identification
requirement in section 761(6), appear in person at the clerk's office before 8
p.m. on election day to sign his or her absent voter ballot application and
obtain his or her absent voter ballot.
Sec. 766b. (1) If the clerk of a city
or township or the board of election inspectors rejects an absent voter ballot
return envelope because the signature on the absent voter ballot return
envelope does not agree with the signature on the master card or the digitized
signature contained in the qualified voter file so as to identify the elector,
the return envelope must not be opened and the city or township clerk shall as
soon as practicable, but not less than 10 days before the certification of the
election, notify the elector of the rejection by mail, telephone, or electronic
mail. An elector who is notified of a rejection by a city or
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township clerk under this subsection may, no
later than 5 p.m. of the third day before the certification of the election,
verify his or her signature by delivering in person, by mail, by facsimile, or
by electronic mail to the city or township clerk a signature verification
statement signed by the elector. If an elector who is notified of a rejection
under this subsection fails to verify his or her signature as provided in this
section, the absent voter ballot for that elector must not be counted.
(2)
The signature verification statement, and the notice and instructions for that
statement, must be in substantially the following form:
SIGNATURE VERIFICATION STATEMENT
I,
_____________________________, am a registered voter of ____________________
county, ___________________ city or township, State of Michigan.
I
declare under penalty of perjury that I requested and returned an absent voter
ballot return envelope. I am a resident of the precinct in which I have voted,
and I am the individual whose name appears on the absent voter ballot return
envelope. I understand that if I commit or attempt any fraud in connection with
voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony. I understand that my failure to
sign this statement means that my absent voter ballot will not be counted.
|
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Voter's Signature:
__________________________________ |
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Voter's Address:
____________________________________ |
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NOTICE AND
INSTRUCTIONS |
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|
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READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR ABSENT VOTER BALLOT TO NOT BE
COUNTED. |
1.
We have determined that the signature you provided on your absent voter ballot
return envelope does not agree with the signature on file in your voter record.
In order to ensure that your absent voter ballot will be counted, the signature
verification statement must be completed and returned as soon as possible.
2.
The signature verification statement must be received by the city or township
clerk of the city or township where you are registered to vote no later than 5
p.m. of the third day before the certification of the election (Deadline Date:
___________________).
3.
You must sign your name where specified on the signature verification statement
(Voter's Signature).
4.
Place the signature verification statement into a mailing envelope addressed to
your city or township clerk. Mail, deliver, or have the completed statement
delivered to the city or township clerk. Be sure there is sufficient postage if
mailed and that the address of the city or township clerk is correct.
5.
If you do not wish to send the signature verification statement by mail or have
it delivered, you may submit your completed statement by electronic mail or
facsimile transmission to your city or township clerk using the information
provided.
(3)
Upon receiving a signature verification statement signed by an elector, the
city or township clerk shall compare the signature on the statement with the
signature on the master card or the digitized signature contained in the
qualified voter file for that elector. If the city or township clerk determines
that the
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signatures agree, the absent voter ballot of that
elector must be counted. Except as otherwise provided in this subsection, if
the city or township clerk determines that the signatures do not agree, the
return envelope for that absent voter must not be opened and the absent voter
ballot of that elector must not be counted. The city or township clerk shall
write the cause of the rejection on the face of an absent voter ballot return
envelope that is rejected. If an elector returns his or her signature
verification statement in person to the city or township clerk and the elector
presents identification for election purposes to the city or township clerk,
the absent voter ballot of that elector must be counted even if the signatures
do not agree.
(4)
If the clerk of a city or township rejects an absent voter ballot return
envelope because the elector failed to sign the absent voter ballot return
envelope, the return envelope must not be opened and the city or township clerk
shall as soon as practicable, but not less than 10 days before the
certification of the election, notify the elector of the rejection by mail,
telephone, or electronic mail. An elector who is notified of a rejection by a
city or township clerk under this subsection may, no later than 5 p.m. of the
third day before the certification of the election, complete and submit by
delivering in person, by mail, by facsimile, or by electronic mail to the city
or township clerk an unsigned ballot statement signed by the elector. If an
elector who is notified of a rejection under this subsection fails to submit a
signed statement as provided in this subsection, the absent voter ballot for
that elector must not be counted.
(5)
The unsigned ballot statement, and the notice and instructions for that
statement, must be in substantially the
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following form:
UNSIGNED BALLOT STATEMENT
I,
_____________________________, am a registered voter of ____________________
county, ___________________ city or township, State of Michigan.
I
declare under penalty of perjury that I requested and returned an absent voter
ballot return envelope and that I have not and will not vote more than 1 ballot
in this election. I am a resident of the precinct in which I have voted, and I
am the individual whose name appears on the absent voter ballot return
envelope. I understand that if I commit or attempt any fraud in connection with
voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony. I understand that my failure to
sign this statement means that my absent voter ballot will not be counted.
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Voter's Signature:
__________________________________ |
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Voter's Address:
____________________________________ |
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NOTICE AND
INSTRUCTIONS |
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READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR
ABSENT VOTER BALLOT TO NOT BE COUNTED. |
1.
In order to ensure that your absent voter ballot will be counted, the unsigned
ballot statement must be completed and returned as soon as possible so that it
can reach the city or township clerk of the city or township in which you are
registered to vote no later than 5 p.m. of the third day before the
certification of the election (Deadline Date: ___________________).
2.
You must sign your name where specified on the unsigned ballot statement
(Voter's Signature).
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3.
Place the unsigned ballot statement into a mailing envelope addressed to your
city or township clerk. Mail, deliver, or have the completed statement
delivered to the city or township clerk. Be sure there is sufficient postage if
mailed and that the address of the city or township clerk is correct.
4.
If you do not wish to send the unsigned ballot statement by mail or have it
delivered, you may submit your completed statement by electronic mail or
facsimile transmission to your city or township clerk using the information
provided.
(6)
Upon receiving an unsigned ballot statement signed by an elector, the city or
township clerk shall compare the signature on the statement with the signature
on the master card or the digitized signature contained in the qualified voter
file for that elector. If the city or township clerk determines that the
signatures agree, the absent voter ballot of that elector must be counted.
Except as otherwise provided in this subsection, if the city or township clerk
determines that the signatures do not agree, the return envelope for that
absent voter must not be opened and the absent voter ballot of that elector
must not be counted. The city or township clerk shall write the cause of the
rejection on the face of an absent voter ballot return envelope that is
rejected. If an elector returns his or her unsigned
ballot statement in person to the city or township clerk and the elector
presents identification for election purposes to the city or township clerk,
the absent voter ballot of that elector must be counted even if the signatures
do not agree.
(7)
The clerk of each city or township shall include the signature verification
statement and unsigned ballot statement on the city or township website. The
portion of the city or township
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website containing the signature verification
statement and unsigned ballot statement must include the city or township
clerk's mailing address, electronic mail address, and facsimile transmission
number.
Sec. 767. If upon
an examination of examining the envelope containing an absent voter's
ballot or ballots ,
it is determined that the signature on the envelope does not agree sufficiently
with the signature on the registration card or the digitized signature
contained in the qualified voter file as provided under section 766 so as to
identify the voter or if the board shall
have has knowledge
that the person individual
voting the ballot or ballots has died, or if it is determined by
a majority of the board that such the vote is illegal for any other reason, then such the
vote shall must be rejected, and thereupon
some member of the board shall, without opening the envelope,
mark across the face of such the envelope, "rejected as illegal", and
the reason therefor. for
the rejection. The statement shall
must be initialed by the chairman chairperson
of the board of election inspectors. Said
The envelope and the absent voter ballot or ballots contained therein shall in the envelope must be returned to the city , or township or
village clerk and retained and preserved in the manner now
provided by law for the retention and preservation of official ballots voted at
such an
election.
Enacting section 1. Section 14b of the Michigan election law, 1954 PA 116, MCL 168.14b, is repealed.
