Bill Text: MI HB5952 | 2021-2022 | 101st Legislature | Introduced

Michigan House Bill 5952 (Prior Session Legislation)

Introduced

Bill Title: Elections: absent voters; notification to voters of a missing signature or signature mismatch on an absent voter application or ballot; require. Amends secs. 759, 761, 765a, 766 & 767 of 1954 PA 116 (MCL 168.759 et seq.) & adds secs. 766a & 766b.

Spectrum: Partisan Bill (Democrat 33-0)

Status: (Introduced - Dead) 2022-03-23 - Bill Electronically Reproduced 03/22/2022 [HB5952 Detail]

Download: Michigan-2021-HB5952-Introduced.html

HOUSE BILL NO. 5952

March 22, 2022, Introduced by Reps. Rabhi, Brabec, Young, Sowerby, Hope, Manoogian, Pohutsky, Brenda Carter, Sabo, Weiss, Stone, Tate, Kuppa, Morse, Hood, Steckloff, Breen, Hertel, Tyrone Carter, Rogers, Lasinski, Neeley, Haadsma, Ellison, Thanedar, LaGrand, Koleszar, Scott, Brixie, Garza, Cynthia Johnson, Anthony and Yancey and referred to the Committee on Elections and Ethics.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 759, 761, 765a, 766, and 767 (MCL 168.759, 168.761, 168.765a, 168.766, and 168.767), sections 759 and 761 as amended by 2020 PA 302, section 765a 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 766a and 766b.

the people of the state of michigan enact:

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 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.

(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.

(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 An individual 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 an individual residing in the applicant's household; a person an individual 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).

(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.

Send absent voter ballot to me at:
...........................................
(Street No. or R.R. or Designated Address)
...........................................
(Post Office)	(State)		(Zip Code)
My registered address ......................................
		(Street No. or R.R. or Participant Identification Number)

	......................................
	(Post Office)	(State)		(Zip Code)
Date........................................................
I certify that I am a United States citizen and that
the statements in this absent voter ballot application
are true.
......................................
			(Signature)
WARNING

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 An individual making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person an individual 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 an individual claiming to have the clerk's authorization to return your application.

Certificate of Authorized Registered

Elector Returning Absent Voter

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.

_________________	_________________________________________
(Date)	(Signature)"

(6) The following instructions for an applicant for an absent voter ballot must be included with each application furnished an applicant:

INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

Step 1. After completely filling out the application, sign and 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 an individual 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 individual returning the application must sign and return the certificate at the bottom of the application.

(7) A person An individual 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 An individual who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person An individual who forges a signature on an absent voter ballot application is guilty of a felony. A person An individual who is not authorized in this act and who both 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. 761. (1) If the clerk of a city or township receives an application for an absent voter ballot from a person an individual registered to vote in that city or township and if the signature on the application agrees with the signature for the person individual 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 master card as required in subsection (2), the clerk of the city or township may, not more than 3 business days after receiving the absent voter ballot application, or not later than 8 p.m. on election day, whichever is earlier, notify the elector of the signature issue by telephone or email. If the clerk of the city or township is not able to contact the elector by telephone or email, or cannot resolve the signature issue, the city or township clerk shall reject the absent voter ballot application and 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 may, not more than 3 business days after receiving the absent voter ballot application, or not later than 8 p.m. on election day, whichever is earlier, notify the elector of the signature issue by telephone or email. If the clerk of the city or township is not able to contact the elector by telephone or email, or cannot resolve the signature issue, the city or township clerk shall reject the absent voter ballot application and 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 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, 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 return envelope properly addressed to the clerk and bearing upon the back of the envelope a printed statement in substantially the following form:

TO BE COMPLETED
BY THE CLERK
	_________________________				___________________________
			Name of Voter		Street Address or R.R. or Program Participant Identification Number
	_________________________				_______________________
		City or Township				County
	Ward ______			Precinct ______		Date of Election ______
=============================================================
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.individual.

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 an individual residing in my household.

DATE: ______________	SIGN HERE: X_____________________
		Signature of Absent Voter
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.
==============================================================
TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING
BY ANOTHER PERSONINDIVIDUAL

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.individual.

	____________________	______________		_______________
	Signature of PersonIndividual	Street Address			City or Township
	Assisting Voter		or R.R.
	____________________________________________________________
	Printed Name of Person Individual Assisting Voter
	A PERSON AN INDIVIDUAL WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF A FELONY.
	============================================================
WARNING

PERSONS INDIVIDUALS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT VOTER BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE

ABSENT VOTER; A PERSON AN INDIVIDUAL 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 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; AND THE CLERK, ASSISTANTS OF THE CLERK, AND OTHER AUTHORIZED ELECTION OFFICIALS OF THE CITY OR TOWNSHIP. ANY OTHER PERSON INDIVIDUAL 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 An individual 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 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. 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. 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.

(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 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 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. 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 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 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 may, not more than 48 hours after the close of the polls on election day, notify the elector of the signature issue by telephone or email. If the clerk of the city or township is not able to contact the elector by telephone or email, or cannot resolve the signature issue, the city or township clerk shall reject the absent voter ballot return envelope and 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 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 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 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 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. 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 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.

Sec. 766. (1) Upon receipt from the city or township clerk of 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 master card or the digitized signature contained in the qualified voter file so as to identify the elector, the city or township clerk shall not more than 3 business days after receiving the absent voter ballot application, or not later than 8 p.m. on election day, whichever is earlier, notify the elector of the rejection by telephone and email. If an elector's email address is not available, the city or township clerk must notify the elector by telephone and first-class 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. In addition, an elector who is notified of a rejection by a clerk under this subsection may, not later than 5 p.m. on the Friday immediately before the election, verify his or her signature by delivering by mail, facsimile, or email to the city or township clerk a signature verification form, as prescribed by the secretary of state, that is signed by the elector.

(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 not more than 3 business days after receiving the absent voter ballot application, or not later than 8 p.m. on election day, whichever is earlier, notify the elector of the rejection by telephone and email. If an elector's email address is not available, the city or township clerk must notify the elector by telephone and first-class 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. In addition, an elector who is notified of a rejection by a clerk under this subsection may, not later than 5 p.m. on the Friday immediately before the election, verify his or her signature by delivering by mail, facsimile, or email to the city or township clerk a signature verification form, as prescribed by the secretary of state, that is signed by the elector.

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 more than 48 hours after the close of the polls on election day, notify the elector of the rejection by telephone and email. If an elector's email address is not available, the city or township clerk must notify the elector by telephone and first-class mail. An elector who is notified of a rejection by a city or township clerk under this subsection may, not more than 72 hours after the close of the polls on election day, verify his or her signature by delivering in person, by mail, by facsimile, or by email 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.

	Voter's Signature: __________________________________
	Voter's Address: ____________________________________
NOTICE AND INSTRUCTIONS
	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 not more than 72 hours after the close of the polls on election day (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 email 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 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 more than 48 hours after the close of the polls on election day, notify the elector of the rejection by telephone and email. If an elector's email address is not available, the city or township clerk must notify the elector by telephone and first-class mail. An elector who is notified of a

rejection by a city or township clerk under this subsection may, not more than 72 hours after the close of the polls on election day, complete and submit by delivering in person, by mail, by facsimile, or by email 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 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.

	Voter's Signature: __________________________________
	Voter's Address: ____________________________________
NOTICE AND INSTRUCTIONS

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 not more than 72 hours after the close of the polls on election day (Deadline Date: ___________________).

2. You must sign your name where specified on the unsigned ballot statement (Voter's Signature).

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 email 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 website containing the signature verification statement and unsigned ballot statement must include the city or township clerk's mailing address, email 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.