Bill Text: MI HB5258 | 2021-2022 | 101st Legislature | Chaptered

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Bill Title: Elections: candidates; transmission of proof copies of the ballot to candidates; allow clerks to email. Amends secs. 565, 710 & 711 of 1954 PA 116 (MCL 168.565 et seq.).

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Passed) 2022-06-16 - Assigned Pa 94'22 With Immediate Effect [HB5258 Detail]

Download: Michigan-2021-HB5258-Chaptered.html

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Act No. 94

Public Acts of 2022

Approved by the Governor

June 14, 2022

Filed with the Secretary of State

June 14, 2022

EFFECTIVE DATE:  June 14, 2022

 

 

state of michigan

101st Legislature

Regular session of 2022

Introduced by Reps. Koleszar, Whitsett, Ellison, Scott, Puri, Pohutsky, Young, Cavanagh, Camilleri, Liberati, Garza, Thanedar, Aiyash, Coleman, Clemente, Tyrone Carter, Bellino, Brixie, Tate, Cynthia Johnson and Yancey

ENROLLED HOUSE BILL No. 5258

AN ACT to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 565, 710, and 711 (MCL 168.565, 168.710, and 168.711), sections 565 and 711 as amended by 1984 PA 113.

The People of the State of Michigan enact:

Sec. 565. (1) Not less than 58 days before the primary election, proof copies of the ballots must be placed on file in the office of the county clerk. At the time of filing, the county clerk shall send by email 1 proof copy of the ballot to the secretary of state and shall send by first-class mail 1 proof copy of the ballot to each candidate whose name appears on the ballot to the candidate’s address listed on his or her affidavit of identity. If a candidate provides an email address on his or her affidavit of identity, the county clerk may also send a proof copy of the ballot to the candidate by email.

(2) If a candidate desires to correct an error on the ballot, the candidate shall contact the county clerk by telephone or email with the corrections. All corrections must be received by the county clerk no later than 4 p.m. on the fifth business day after the proof copy of the ballot is mailed to each candidate as provided in subsection (1). After 4 p.m. on the fifth business day after the county clerk mails the proof copy of the ballot to each candidate as provided in subsection (1), the county clerk is authorized to begin printing the ballots.

(3) The county clerk shall prepare and sign an affidavit when sending proof ballots that attests to all of the following:

(a) Proof ballots were mailed as required.

(b) The names of the candidates who were mailed proof ballots.

(c) Each address to which the proof ballots were mailed.

(d) The date or dates proof ballots were mailed.

Sec. 710. The county board of election commissioners shall place on file at the office of the county clerk, at least 58 days before any election, a proof copy of the official ballot containing the names of candidates for public office to be voted for at the election. The proof copies must be open for public inspection.

 

Sec. 711. (1) At the time of filing the proof copy of the ballot at the office of the county clerk, the county board of election commissioners shall direct the county clerk to send by first-class mail a proof copy of the official ballot to each candidate whose name appears on the ballot to the candidate’s address listed on his or her affidavit of identity. If a candidate provides an email address on his or her affidavit of identity, the county clerk may also send a proof copy of the ballot to the candidate by email.

(2) The county clerk shall prepare and sign an affidavit when sending proof ballots that attests to all of the following:

(a) Proof ballots were mailed as required.

(b) The names of the candidates who were mailed proof ballots.

(c) Each address to which the proof ballots were mailed.

(d) The date or dates proof ballots were mailed.

(3) The county board of election commissioners shall also direct the county clerk to send proof ballots by email to the secretary of state who shall immediately approve and certify the ballot or notify the county clerk of any correction.

(4) If a candidate desires to correct an error on the ballot, the candidate shall contact the county clerk by telephone or email with the corrections. All corrections must be received by the county clerk no later than 4 p.m. on the fifth business day after the proof copy of the ballot is mailed to each candidate as provided in subsection (1). After 4 p.m. on the fifth business day after the county clerk mails the proof copy of the ballot to each candidate as provided in subsection (1), the county clerk is authorized to begin printing the ballots.

(5) The county clerk shall email a copy of the corrected ballot to the secretary of state.

This act is ordered to take immediate effect.

 

Clerk of the House of Representatives

 

Secretary of the Senate

Approved___________________________________________

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Governor