Bill Text: MI HB5987 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: absent voters; tabulating certain absent voter ballots received up to 48 hours after the close of the polls on election day; authorize. Amends secs. 759a, 764a & 765 of 1954 PA 116 (MCL 168.759e et seq.).
Spectrum: Partisan Bill (Democrat 14-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB5987 Detail]
Download: Michigan-2019-HB5987-Introduced.html
HOUSE BILL NO. 5987
July 23, 2020, Introduced by Reps. Guerra,
Hammoud, Brenda Carter, Camilleri, Cherry, Stone, Hoadley, Bolden, Brixie,
Pagan, Yancey, Hope, Gay-Dagnogo and Koleszar and referred to the Committee
on Elections and Ethics.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 759a, 764a, and 765 (MCL 168.759a, 168.764a, and 168.765), section 759a as amended by 2012 PA 523, section 764a as amended by 2012 PA 128, and section 765 as amended by 2020 PA 95.
the people of the state of michigan enact:
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 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 the close of the polls 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 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 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, 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 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,
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 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 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, Navy, Air Force, Marine Corps, or 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. 764a. The
following instructions for an absent voter shall must be included with each ballot or set of
ballots furnished an absent voter:
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 return envelope
and securely seal the 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 person who
assisted you complete the section on the return envelope entitled "TO BE
COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING BY ANOTHER PERSON".
Step 5. Deliver the return envelope by 1 of the following
methods:
(a) 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 envelope personally to the office of the
clerk, 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 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 pickup 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 persons 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 on within 48 hours after the close of the polls 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 after the close of
the polls on more
than 48 hours after the close of the polls on election day, the absent voter ballot
will not be counted.
WARNING
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 people are voting absent voter ballots.
(2) For a person 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 a person who is present and knows that a person 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 a person 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 a person other than the absent voter; a person listed
in these instructions; or 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 employment to be in possession of a voted or unvoted absent voter
ballot.
Sec. 765. (1) 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. 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) 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 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
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 the close of the polls 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 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 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.
