Bill Text: MI HB4599 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Elections; voters; valid forms of voter identification; expand to include county and municipally issued photo identification cards. Amends secs. 497c, 523, 523a, 761 & 813 of 1954 PA 116 (MCL 168.497c et seq.).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-05-16 - Bill Electronically Reproduced 05/11/2017 [HB4599 Detail]

Download: Michigan-2017-HB4599-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4599

 

 

May 11, 2017, Introduced by Reps. Chang, Hoadley, Pagan, Rabhi, Hammoud, Garrett, Santana, Wittenberg, Liberati, Durhal, Byrd, Scott, Gay-Dagnogo, Love and Zemke and referred to the Committee on Elections and Ethics.

 

      A bill to amend 1954 PA 116, entitled

 

"Michigan election law,"

 

by amending sections 497c, 523, 523a, 761, and 813 (MCL 168.497c,

 

168.523, 168.523a, 168.761, and 168.813), section 497c as added and

 

sections 523, 761, and 813 as amended by 2012 PA 523 and section

 

523a as added by 2004 PA 92.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 497c. (1) Beginning on the effective date of the

 

 2  amendatory act that added this section, March 28, 2013, a person

 

 3  who applies in person to register to vote at a department of state

 

 4  office, a designated voter registration agency, the office of a

 

 5  county clerk, or the office of the clerk of the city or township in

 

 6  which the applicant resides shall identify himself or herself by

 

 7  presenting an official state personal identification card issued to

 

 8  that person under 1972 PA 222, MCL 28.291 to 28.300, an operator's

 1  or chauffeur's license issued to that person under the Michigan

 

 2  vehicle code, 1949 PA 300, MCL 257.1 to 257.923, a county-issued

 

 3  photo identification card issued to that person, a municipally

 

 4  issued photo identification card issued to that person, or other

 

 5  generally recognized picture identification card.

 

 6        (2) If a person who applies in person to register to vote as

 

 7  provided in subsection (1) does not have an official state personal

 

 8  identification card, an operator's or chauffeur's license, a

 

 9  county-issued photo identification card, a municipally issued photo

 

10  identification card, or other generally recognized picture

 

11  identification card as required under subsection (1), the person

 

12  may sign an affidavit to that effect and be allowed to register to

 

13  vote.

 

14        Sec. 523. (1) At each election, before being given a ballot,

 

15  each registered elector offering to vote shall identify himself or

 

16  herself by presenting an official state personal identification

 

17  card issued to that individual under 1972 PA 222, MCL 28.291 to

 

18  28.300, an operator's or chauffeur's license issued to that

 

19  individual under the Michigan vehicle code, 1949 PA 300, MCL 257.1

 

20  to 257.923, a county-issued photo identification card issued to

 

21  that individual, a municipally issued photo identification card

 

22  issued to that individual, or other generally recognized picture

 

23  identification card and by executing an application, on a form

 

24  prescribed by the secretary of state, in the presence of an

 

25  election official which that includes all of the following:

 

26        (a) The name of the elector.

 

27        (b) The elector's address of residence.

 1        (c) The elector's date of birth.

 

 2        (d) An affirmative statement by the elector that is included

 

 3  in the signature statement indicating that he or she is a citizen

 

 4  of the United States.

 

 5        (e) The elector's signature or mark.

 

 6        (2) If an elector's signature contained in the qualified voter

 

 7  file is available in the polling place, the election official shall

 

 8  compare the signature upon the application with the digitized

 

 9  signature provided by the qualified voter file. If an elector's

 

10  signature is not contained in the qualified voter file, the

 

11  election official shall process the application in the same manner

 

12  as applications are processed when a voter registration list is

 

13  used in the polling place. If voter registration lists are used in

 

14  the precinct, the election inspector shall determine if the name on

 

15  the application to vote appears on the voter registration list. If

 

16  the name appears on the voter registration list, the elector shall

 

17  provide further identification or other information stated upon the

 

18  voter registration list. If the signature or an item of information

 

19  does not correspond, the vote of the person shall must be

 

20  challenged, and the same procedure shall must be followed as

 

21  provided in this act for the challenging of an elector. If the

 

22  elector does not have an official state personal identification

 

23  card, operator's or chauffeur's license, county-issued photo

 

24  identification card, municipally issued photo identification card,

 

25  or other generally recognized picture identification card as

 

26  required under this subsection, section, the individual shall sign

 

27  an affidavit to that effect before an election inspector and be

 1  allowed to vote as otherwise provided in this act. However, an

 

 2  elector being allowed to vote without the identification required

 

 3  under this subsection section is subject to challenge as provided

 

 4  in section 727.

 

 5        (3) If, upon a comparison of the signature or other

 

 6  identification as required in this section, it is found that the

 

 7  applicant is entitled to vote, the election officer having charge

 

 8  of the registration list shall approve the application and write

 

 9  his or her initials on the application, after which the number on

 

10  the ballot issued shall must be noted on the application. The

 

11  application shall serve serves as 1 of the 2 poll lists required to

 

12  be kept as a record of a person who has voted. The application

 

13  shall must be filed with the township, city, or village clerk. If

 

14  voter registration cards are used in the precinct, the date of the

 

15  election shall must be noted by 1 of the election officials upon

 

16  the precinct registration card of each elector voting at an

 

17  election. If voter registration lists are used in the precinct, the

 

18  election official shall clearly indicate upon the list each elector

 

19  voting at that election. The clerk of a city, village, or township

 

20  shall maintain a record of voting participation for each registered

 

21  elector.

 

22        Sec. 523a. (1) If an individual who has applied to register to

 

23  vote on or before the close of registration appears at a polling

 

24  place on election day and completes an application under section

 

25  523 is not listed on the voter registration list, the election

 

26  inspector shall issue a ballot to the individual as follows:

 

27        (a) For an individual who presents a receipt issued by a

 1  department of state office, a designated voter registration agency,

 

 2  or the elector's county, city, or township clerk's office verifying

 

 3  the acceptance of a voter registration application before the close

 

 4  of registration and completes a new voter registration application,

 

 5  the election inspector shall allow the individual to vote a ballot

 

 6  in the same manner as an elector whose name is listed on the voter

 

 7  registration list.

 

 8        (b) For an individual who does not present a receipt verifying

 

 9  the acceptance of a voter registration application under

 

10  subdivision (a), the election inspector shall determine whether the

 

11  individual is in the appropriate polling place based on residence

 

12  information provided by the individual. The election inspector

 

13  shall review any documents or maps in the polling place or

 

14  communicate with the city or township clerk to verify the

 

15  appropriate polling place for the individual. The election

 

16  inspector shall direct an individual who is not in the appropriate

 

17  polling place to the appropriate polling place. If the individual

 

18  refuses to go to the appropriate polling place, the election

 

19  inspector shall issue the individual a provisional ballot that

 

20  shall must be processed according to subsection (5).

 

21        (2) Except for an individual who produces a receipt under

 

22  subsection (1)(a), the election inspector shall require an

 

23  individual who is not listed on the voter registration list to

 

24  execute a sworn statement affirming that the individual submitted a

 

25  voter registration application before the close of registration and

 

26  is eligible to vote in the election. An individual who provides

 

27  false information in a signed sworn statement under this subsection

 1  is guilty of perjury. An individual signing a sworn statement shall

 

 2  complete a new voter registration application. The individual shall

 

 3  state the approximate date and in what manner the registration

 

 4  application was submitted:

 

 5        (a) To a department of state office.

 

 6        (b) To a designated voter registration agency.

 

 7        (c) To the office of his or her county, city, or township

 

 8  clerk.

 

 9        (d) By a mailed application.

 

10        (3) The election inspector shall contact the city or township

 

11  clerk to verify whether the individual who signed the sworn

 

12  statement is listed in the registration records of the jurisdiction

 

13  or whether there is any information contrary to the content of the

 

14  sworn statement.

 

15        (4) If the city or township clerk verifies the elector

 

16  information and finds no information contrary to the information

 

17  provided by the individual in the sworn statement and the

 

18  individual presents a Michigan operator's or chauffeur's license,

 

19  department of state issued personal identification card, county-

 

20  issued photo identification card, municipally issued photo

 

21  identification card, other government issued government-issued

 

22  photo identification card, or a photo identification card issued by

 

23  an institution of higher education in this state described in

 

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

 

25  junior college or community college established under section 7 of

 

26  article VIII of the state constitution of 1963 that contains a

 

27  current residence address to establish his or her identity and

 1  residence address, the individual shall be permitted to may vote a

 

 2  provisional ballot on election day. Before the provisional ballot

 

 3  is tabulated on election day, election inspectors shall process the

 

 4  ballot as a challenged ballot under sections 745 and 746.

 

 5        (5) If the election inspector is not able to contact the city

 

 6  or township clerk, the individual is not in the correct precinct,

 

 7  the individual presents identification other than a Michigan

 

 8  operator's or chauffeur's license, department of state issued

 

 9  personal identification card, county-issued photo identification

 

10  card, municipally issued photo identification card, other

 

11  government issued government-issued photo identification card, or a

 

12  photo identification card issued by an institution of higher

 

13  education in this state described in section 6 of article VIII of

 

14  the state constitution of 1963 or a junior college or community

 

15  college established under section 7 of article VIII of the state

 

16  constitution of 1963 that contains a current residence address, or

 

17  the individual is unable to present any identification, the

 

18  individual shall must be issued a provisional ballot that is not

 

19  tabulated on election day but is secured for verification after the

 

20  election. A provisional ballot shall must also be issued under this

 

21  subsection to a voter who presents a Michigan operator's license,

 

22  chauffeur's license, department of state issued personal

 

23  identification card, county-issued photo identification card,

 

24  municipally issued photo identification card, other government

 

25  issued government-issued photo identification card, or a photo

 

26  identification card issued by an institution of higher education in

 

27  this state described in section 6 of article VIII of the state

 1  constitution of 1963 or a junior college or community college

 

 2  established under section 7 of article VIII of the state

 

 3  constitution of 1963 that does not bear the voter's current

 

 4  residence address, if the voter also presents a document to

 

 5  establish the voter's current residence address. The election

 

 6  inspector shall accept a document containing the name and current

 

 7  residence address of the voter as sufficient documentation to issue

 

 8  a provisional ballot if it is 1 of the following documents:

 

 9        (a) A current utility bill.

 

10        (b) A current bank statement.

 

11        (c) A current paycheck, government check, or other government

 

12  document.

 

13        (6) A provisional ballot shall must be placed in a provisional

 

14  ballot return envelope prescribed by the secretary of state and

 

15  delivered to the city or township clerk after the polls close in a

 

16  manner as prescribed by the secretary of state.

 

17        (7) For a provisional ballot voted under subsection (4), the

 

18  election inspector shall provide the voter with a notice that his

 

19  or her ballot has been tabulated. For a provisional ballot voted

 

20  under subsection (5), the election inspector shall provide the

 

21  voter with a notice that the voter's information will be verified

 

22  by the clerk of the jurisdiction within 6 days after the election

 

23  to determine whether the ballot will be tabulated and, if the

 

24  ballot is not tabulated, to determine the reason it was not

 

25  tabulated. A clerk of a jurisdiction shall provide a free access

 

26  system for the voter to determine whether the ballot was tabulated.

 

27  The free access system may include a telephone number that does not

 1  require a toll charge, a toll-free telephone number, an internet

 

 2  website, or a mailed notice.

 

 3        (8) As used in this section and sections 813 and 829,

 

 4  "provisional ballot" means a special ballot utilized for an

 

 5  individual who is not listed on the voter registration list at the

 

 6  polling place that is tabulated only after verification of the

 

 7  individual's eligibility to vote.

 

 8        Sec. 761. (1) If the clerk of a city, township, or village

 

 9  receives an application for an absent voter ballot from a person

 

10  registered to vote in that city, township, or village and if the

 

11  signature on the application agrees with the signature for the

 

12  person contained in the qualified voter file or on the registration

 

13  card as required in subsection (2), the clerk immediately upon

 

14  receipt of the application or, if the application is received

 

15  before the printing of the absent voter ballots, as soon as the

 

16  ballots are received by the clerk, shall forward by mail, postage

 

17  prepaid, or shall deliver personally 1 of the ballots or set of

 

18  ballots if there is more than 1 kind of ballot to be voted to the

 

19  applicant. Subject to the identification requirement in subsection

 

20  (6), absent voter ballots may be delivered to an applicant in

 

21  person at the office of the clerk.

 

22        (2) The qualified voter file shall must be used to determine

 

23  the genuineness of a signature on an application for an absent

 

24  voter ballot. Signature comparisons shall must be made with the

 

25  digitized signature in the qualified voter file. If the qualified

 

26  voter file does not contain a digitized signature of an elector, or

 

27  is not accessible to the clerk, the city or township clerk shall

 1  compare the signature appearing on the application for an absent

 

 2  voter ballot to the signature contained on the master card.

 

 3        (3) Notwithstanding section 759, providing that no absent

 

 4  voter applications shall be received by the clerk after 2 p.m. on

 

 5  the Saturday before the election, and subject to the identification

 

 6  requirement in subsection (6), a person qualified to vote as an

 

 7  absent voter may apply in person at the clerk's office before 4

 

 8  p.m. on a day before the election except Sunday or a legal holiday

 

 9  to vote as an absent voter. The applicant shall must receive his or

 

10  her absent voter ballot and vote the ballot in the clerk's office.

 

11  All other absent voter ballots, except ballots delivered pursuant

 

12  to an emergency absent voter ballot application under section 759b,

 

13  shall must be mailed or delivered to the registration address of

 

14  the applicant unless the application requests delivery to an

 

15  address outside the city, village, or township or to a hospital or

 

16  similar institution, in which case the absent voter ballots shall

 

17  must be mailed or delivered to the address given in the

 

18  application. However, a clerk may mail or deliver an absent voter

 

19  ballot, upon request of the absent voter, to a post office box if

 

20  the post office box is where the absent voter normally receives

 

21  personal mail and the absent voter does not receive mail at his or

 

22  her registration address.

 

23        (4) Absent voter ballots shall must be issued in the same

 

24  order in which applications are received by the clerk of a city,

 

25  township, or village, as nearly as may be, and each ballot issued

 

26  shall must bear the lowest number of each kind available for this

 

27  purpose. However, this provision does not prohibit a clerk from

 1  immediately issuing an absent voter ballot to an absent voter who

 

 2  applies in person in the clerk's office for absent voter ballots.

 

 3  The clerk shall enclose with the ballot or ballots a return

 

 4  envelope properly addressed to the clerk and bearing upon the back

 

 5  of the envelope a printed statement in substantially the following

 

 6  form:

 

 

7	TO BE COMPLETED
8	BY THE CLERK
9	______________________________      ____________________________
10	Name of Voter                    Street Address or R.R.
11	______________________________      ____________________________
12	City, Township or Village                   County
13	Ward ________  Precinct _______  Date of Election  _____________
14	=================================================================
15	TO BE COMPLETED BY THE ABSENT VOTER

 

 

16        I assert that I am a United States citizen and a qualified and

 

17  registered elector of the city, township, or village named above. I

 

18  am voting as an absent voter in conformity with state election law.

 

19  Unless otherwise indicated below, I personally marked the ballot

 

20  enclosed in this envelope without exhibiting it to any other

 

21  person.

 

22        I further assert that this absent voter ballot is being

 

23  returned to the clerk or an assistant of the clerk by me

 

24  personally; by public postal service, express mail service, parcel

 

25  post service, or other common carrier; by a member of my immediate

 

26  family; or by a person residing in my household.

 

1	DATE: ______________   SIGN HERE:  X_________________________
2	Signature of Absent Voter
3	The above form must be signed or your vote will not be counted.
4	AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY
5	OF A MISDEMEANOR.
6	=================================================================
7	TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING
8	BY ANOTHER PERSON

 

 

 9        I assisted the above named absent voter who is disabled or

 

10  otherwise unable to mark the ballot in marking his or her absent

 

11  voter ballot pursuant to his or her directions. The absent voter

 

12  ballot was inserted in the return envelope without being exhibited

 

13  to any other person.

 

 

14	_______________________  __________________   ___________________
15	Signature of Person      Street Address      City, Twp., or
16	Assisting Voter            or R.R.             Village
17	_________________________________________________________________
18	Printed Name of Person Assisting Voter
19	A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A
20	FALSE STATEMENT IS GUILTY OF A FELONY.
21	=================================================================
22	WARNING

 

 

23        PERSONS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER

 

24  BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT VOTER; A

 

25  PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S IMMEDIATE FAMILY OR

 

26  RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN ASKED BY

 1  THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO

 

 2  HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC

 

 3  POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR

 

 4  COMMON CARRIER, BUT ONLY DURING THE NORMAL COURSE OF HIS OR HER

 

 5  EMPLOYMENT; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER

 

 6  AUTHORIZED ELECTION OFFICIALS OF THE CITY, TOWNSHIP, VILLAGE, OR

 

 7  SCHOOL DISTRICT. ANY OTHER PERSON IN POSSESSION OF AN ABSENT VOTER

 

 8  BALLOT IS GUILTY OF A FELONY.

 

 9        (5) An absent voter who knowingly makes a false statement on

 

10  the absent voter ballot return envelope is guilty of a misdemeanor.

 

11  A person who assists an absent voter and who knowingly makes a

 

12  false statement on the absent voter ballot return envelope is

 

13  guilty of a felony.

 

14        (6) If an elector obtains his or her absent voter ballot in

 

15  person from the clerk of the city, township, or village in which he

 

16  or she is registered, the clerk of the city, township, or village

 

17  shall not provide an absent voter ballot to that elector until the

 

18  elector identifies himself or herself to the clerk by presenting an

 

19  official state personal identification card issued to that elector

 

20  under 1972 PA 222, MCL 28.291 to 28.300, an operator's or

 

21  chauffeur's license issued to that elector under the Michigan

 

22  vehicle code, 1949 PA 300, MCL 257.1 to 257.923, a county-issued

 

23  photo identification card issued to that elector, a municipally

 

24  issued photo identification card issued to that elector, or other

 

25  generally recognized picture identification card. If an elector

 

26  does not have an official state personal identification card,

 

27  operator's or chauffeur's license, county-issued photo

 1  identification card, municipally issued photo identification card,

 

 2  or other generally recognized picture identification card, the

 

 3  elector may sign an affidavit to that effect before the clerk of

 

 4  the city, township, or village and be allowed to obtain his or her

 

 5  absent voter ballot in person from the clerk. The clerk of the

 

 6  city, village, or township shall indicate to each elector who

 

 7  obtains his or her absent voter ballot in person from the clerk

 

 8  that the elector may sign an affidavit indicating that the elector

 

 9  does not have an official state personal identification card,

 

10  operator's or chauffeur's license, county-issued photo

 

11  identification card, municipally issued photo identification card,

 

12  or other generally recognized picture identification card in order

 

13  to obtain his or her absent voter ballot in person from the clerk.

 

14  However, if an elector obtains his or her absent voter ballot in

 

15  person from the clerk and votes by absent voter ballot without

 

16  providing the identification required under this subsection, the

 

17  absent voter ballot of that elector shall must be prepared as a

 

18  challenged ballot as provided in section 727 and shall must be

 

19  counted as any other ballot is counted unless determined otherwise

 

20  by a court of law under section 747 or 748 or any other applicable

 

21  law.

 

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

 

23  provisional ballot that was placed in a provisional ballot return

 

24  envelope, the city or township clerk shall determine whether the

 

25  individual voting the provisional ballot was eligible to vote a

 

26  ballot and whether to tabulate the provisional ballot. In making

 

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

 1  provisional ballot return envelope. A provisional ballot shall must

 

 2  only be tabulated if a valid voter registration record for the

 

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

 

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

 

 5  license, personal identification card, county-issued photo

 

 6  identification card, municipally issued photo identification card,

 

 7  other government issued government-issued photo identification

 

 8  card, or a photo identification card issued by an institution of

 

 9  higher education in this state described in section 6 of article

 

10  VIII of the state constitution of 1963 or a junior college or

 

11  community college established under section 7 of article VIII of

 

12  the state constitution of 1963 along with a document to establish

 

13  the voter's current residence address as provided in section

 

14  523a(5). Before the provisional ballot is tabulated, election

 

15  officials shall process the ballot as a challenged ballot under

 

16  sections 745 and 746.

 

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

 

18  practicable, the city or township clerk shall transmit the results

 

19  of provisional ballots tabulated after the election to the board of

 

20  county canvassers. The results shall must be transmitted in a form

 

21  prescribed by the secretary of state.

 

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

 

23  clerk shall transmit to the county clerk a provisional ballot

 

24  report for each precinct in the jurisdiction. The report shall must

 

25  include for each precinct the number of provisional ballots issued,

 

26  the number of provisional ballots tabulated on election day, the

 

27  number of provisional ballots forwarded to the clerk to be

 1  determined after the election, the number of provisional ballots

 

 2  tabulated by the clerk after election day, and any additional

 

 3  information concerning provisional ballots as required by the

 

 4  secretary of state.

 

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

 

 6  clerk shall transmit to the county clerk an affidavit report that

 

 7  includes the number of affidavits signed by voters under section

 

 8  523(2). The affidavit report shall must be transmitted to the

 

 9  county clerk in a form prescribed by the secretary of state.

 

10        Enacting section 1. This amendatory act takes effect 90 days

 

11  after the date it is enacted into law.