Bill Text: MI HB5991 | 2019-2020 | 100th Legislature | 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 18-0)
Status: (Introduced - Dead) 2020-08-06 - Bill Electronically Reproduced 07/23/2020 [HB5991 Detail]
Download: Michigan-2019-HB5991-Introduced.html
HOUSE BILL NO. 5991
July 23, 2020, Introduced by Reps. Rabhi,
Hammoud, Stone, Pohutsky, Sowerby, Brenda Carter, Camilleri, Cherry,
Sneller, Hoadley, Lasinski, 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 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 2018 PA 603, section 765a as added by 2018 PA 123, 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:
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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. In addition, Except as otherwise provided in 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. 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
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to an
elector after 5 p.m. on the Friday immediately before the election. In addition, Except as otherwise provided in 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. 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.
(c) On a federal postcard
application.
(4) An applicant for an
absent voter ballot shall sign the application. A Subject to
section 766a, a clerk or assistant clerk shall not deliver an
absent voter ballot to an applicant who does not sign the application. A person
shall not be in possession of a signed absent voter ballot application except
for the applicant; a member of the applicant's immediate family; a person
residing in the applicant's household; a person whose job normally includes the
handling of mail, but only during the course of his or her employment; a
registered elector requested by the applicant to return the application; or a clerk,
assistant of the clerk, or
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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.
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(Street No. or R.R.) |
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........................................... |
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(Post Office) (State) (Zip Code) |
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My registered address .............................. |
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(Street No. or R.R.) |
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....................................... |
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(Post
Office) |
(State) |
(Zip Code) |
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Date................................................ |
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the statements in this absent voter ballot |
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application
are true. |
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.................................. |
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(Signature) |
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WARNING |
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You must be a United
States citizen to vote. If you are not a United States citizen, you will not be
issued an absent voter ballot.
A person making a false
statement in this absent voter ballot application is guilty of a misdemeanor.
It is a violation of Michigan election law for a person other than those listed
in the instructions to return, offer to return, agree to return, or solicit to
return your absent voter ballot application to the clerk. An assistant
authorized by the clerk who receives absent voter ballot applications at a
location other than the clerk's office must have credentials signed by the
clerk. Ask to see his or her credentials before entrusting your application
with a person claiming to have the clerk's authorization to return your
application.
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Certificate of Authorized Registered |
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Elector Returning Absent Voter |
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Ballot Application |
I certify that my name is
.................... , my address is .................... , and my date of
birth is ............ ; that I am delivering the absent voter ballot
application of .................... at his or her request; that I did not
solicit
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or
request to return the application; that I have not made any markings on the
application; that I have not altered the application in any way; that I have
not influenced the applicant; and that I am aware that a false statement in
this certificate is a violation of Michigan election law.
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(Date) (Signature)" |
(6) The following instructions
for an applicant for an absent voter ballot must be included with each
application furnished an applicant:
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 will not
receive an absent voter ballot.
Step 2. Deliver the
application by 1 of the following methods:
(a) Place the application
in an envelope addressed to the appropriate clerk and place the necessary
postage upon the return envelope and deposit it in the United States mail or
with another public postal service, express mail service, parcel post service,
or common carrier.
(b) Deliver the
application personally to the clerk's office, to the clerk, or to an authorized
assistant of the clerk.
(c) In either (a) or (b),
a member of the immediate family of the voter including a father-in-law,
mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent,
or grandchild or a person residing in the voter's household may mail or deliver
the application to the clerk for the applicant.
(d) If an applicant
cannot return the application in any of
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the above
methods, the applicant may select any registered elector to return the
application. The person returning the application must sign and return the
certificate at the bottom of the application.
(7) A person who prints
and distributes absent voter ballot applications shall print on the application
the warning, certificate of authorized registered elector returning absent
voter ballot application, and instructions required by this section.
(8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both 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.
Sec. 761. (1) If the clerk of a city or township
receives an application for an absent voter ballot from a person registered to
vote in that city or township and if the signature on the application agrees
with the signature for the person contained in the qualified voter file or on
the registration card as required in subsection (2), the clerk immediately upon
receipt of the application or, if the application is received before the
printing of the absent voter ballots, as soon as the ballots are received by
the clerk, shall forward by mail, postage prepaid, or shall deliver personally
1 of the ballots or set of ballots if there is more than 1 kind of ballot to be
voted to the applicant. 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
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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 registration card as required in subsection
(2), the clerk of the city or township shall proceed as provided in section
766a(1). If the clerk of a city or township receives an application for an
absent voter ballot from an individual registered to vote in that city or
township and the individual failed to sign the application, the clerk of the
city or township shall proceed as provided in section 766a(2).
(2) The qualified voter
file must be used to determine the genuineness of a signature on an application
for an absent voter ballot. Signature comparisons must be made with the
digitized signature in the qualified voter file. If the qualified voter file
does not contain a digitized signature of an elector, or is not accessible to
the clerk, the city or township clerk shall compare the signature appearing on
the application for an absent voter ballot to the signature contained on the
master card.
(3) Subject to the
identification requirement in subsection (6) and except as otherwise provided
in this subsection, a person may apply in person at the clerk's office before 8
p.m. on election day to vote as an absent voter. Only Except as
otherwise provided in 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. In addition, Except as otherwise provided in section
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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:
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BY THE CLERK |
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_________________________ |
___________________________ |
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Name of Voter |
Street Address or R.R. |
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_________________________ |
_______________________ |
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City or Township |
County |
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Ward ______ |
Precinct ______ |
Date of Election ______ |
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TO BE COMPLETED BY THE ABSENT VOTER |
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I assert that I am a
United States citizen and a qualified and registered elector of the city or
township named above. I am voting as an absent voter in conformity with state
election law. Unless otherwise indicated below, I personally marked the ballot
enclosed in this envelope without exhibiting it to any other person.
I further assert that
this absent voter ballot is being returned to the clerk or an assistant of the
clerk by me personally; by public postal service, express mail service, parcel
post service, or other common carrier; by a member of my immediate family; or
by a person residing in my household.
I assisted the above
named absent voter who is disabled or otherwise unable to mark the ballot in
marking his or her absent voter ballot pursuant to his or her directions. The
absent voter ballot was inserted in the return envelope without being exhibited
to any other person.
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_______________________ |
________________ |
_________________ |
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Signature of Person |
Street Address |
City or Township |
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Assisting Voter |
or R.R. |
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____________________________________________________________ |
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Printed Name of Person Assisting Voter |
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A PERSON WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY OF A FELONY. |
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WARNING |
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PERSONS WHO CAN LEGALLY
BE IN POSSESSION OF AN ABSENT VOTER BALLOT ISSUED TO AN ABSENT VOTER ARE
LIMITED TO THE ABSENT VOTER; A PERSON WHO IS A MEMBER OF THE ABSENT VOTER'S
IMMEDIATE FAMILY OR RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO HAS BEEN
ASKED BY THE ABSENT VOTER TO RETURN THE BALLOT; A PERSON WHOSE JOB IT IS TO
HANDLE MAIL BEFORE, DURING, OR AFTER BEING TRANSPORTED BY A PUBLIC POSTAL
SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR COMMON CARRIER, BUT ONLY
DURING THE NORMAL COURSE OF HIS OR HER EMPLOYMENT; AND THE CLERK, ASSISTANTS OF
THE CLERK, AND OTHER AUTHORIZED ELECTION OFFICIALS OF THE CITY OR TOWNSHIP. ANY
OTHER PERSON IN POSSESSION OF AN ABSENT VOTER BALLOT IS GUILTY OF A FELONY.
(5) An absent voter who
knowingly makes a false statement on the absent voter ballot return envelope is
guilty of a misdemeanor. A person who assists an absent voter and who knowingly
makes a false statement on the absent voter ballot return envelope is guilty of
a felony.
(6) If an elector obtains
his or her absent voter ballot in person from the clerk of the city or township
in which he or she is registered, the clerk of the city or township shall not
provide an
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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) 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
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election
inspectors shall format the accumulation report to clearly indicate all of the
following:
(a) The election day
precinct returns.
(b) The corresponding
absent voter counting board returns.
(c) A total of each
election day precinct return and each corresponding absent voter counting board
return.
(2) The board of election
commissioners shall establish the absent voter counting boards. 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 absent voter ballots
must not be delivered to the polling places. The board of election
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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) 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. 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. Absent
voter ballots must be delivered to the absent voter counting boards in the
sealed
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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 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
the absent voter failed to sign the envelope, or if the clerk shall
proceed as provided in section 766b. If the statement of the
absent voter is not properly executed, the clerk shall mark the envelope
"rejected" and the reason for the rejection and shall place his or
her name under the notation. An envelope marked "rejected" must not
be delivered to the absent voter counting board but must be preserved by the
clerk until other ballots are destroyed in the manner provided in this act. 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 shall process the ballots
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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 in attendance at an 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:
"I (name of person
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 in attendance at the absent voter
counting place shall not leave the counting place after the tallying has begun
until the polls close. A person 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
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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, 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 after the tally has begun but before the
polls close. A person described in this subsection may enter an 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, a person
described in this subsection must take and sign the oath prescribed in
subsection (9). The chairperson of the absent voter counting board shall record
in the poll book the name of a person described in this subsection who enters
the absent voter counting board. A person described in this subsection who
enters an 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. The secretary of state shall distribute the
instructions developed under this subsection to city and township clerks 40
days or more before a general election in which absent voter counting boards
will be used. A city or township clerk shall make the
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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. The instructions developed under this subsection are binding upon the
operation of an 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 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
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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 notify the elector
of the rejection by mail, telephone, or electronic mail. An elector who is
notified of a rejection by a clerk under this subsection may, subject to the
identification requirement in section 761(6), appear in person at the clerk's
office before 8 p.m. on election day to verify his or her signature and obtain
his or her absent voter ballot.
(2)
If the clerk of a city or township rejects an absent voter ballot application because
the elector failed to sign the absent voter ballot application, the city or
township clerk shall notify the elector of the rejection by mail, telephone, or
electronic mail. An elector who is notified of a rejection by a clerk under
this subsection may, subject to the identification requirement in section
761(6), appear in person at the clerk's office before 8 p.m. on election day to
sign his or her absent voter ballot application and obtain his or her absent
voter ballot.
Sec. 766b. (1) If the clerk of a city
or township or the board of election inspectors rejects an absent voter ballot return
envelope because the signature on the absent voter ballot return envelope does
not agree with the signature on the master card or the digitized signature
contained in the qualified voter file so as to identify the elector, the return
envelope must not be opened and
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the city or township clerk shall, not less than
10 days before the certification of the election, notify the elector of the
rejection by mail, telephone, or electronic mail. An elector who is notified of
a rejection by a city or township clerk under this subsection may, no later
than 5 p.m. of the third day before the certification of the election, verify
his or her signature by delivering in person, by mail, by facsimile, or by
electronic mail to the city or township clerk a signature verification
statement signed by the elector. If an elector who is notified of a rejection
under this subsection fails to verify his or her signature as provided in this
section, the absent voter ballot for that elector must not be counted.
(2)
The signature verification statement, and the notice and instructions for that
statement, must be in substantially the following form:
SIGNATURE VERIFICATION STATEMENT
I,
_____________________________, am a registered voter of ____________________
county, ___________________ city or township, State of Michigan.
I
declare under penalty of perjury that I requested and returned an absent voter
ballot return envelope. I am a resident of the precinct in which I have voted,
and I am the individual whose name appears on the absent voter ballot return
envelope. I understand that if I commit or attempt any fraud in connection with
voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection
with voting, I may be convicted of a felony. I understand that my failure to
sign this statement means that my absent voter ballot will not be counted.
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Voter's Signature: __________________________________ |
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Voter's Address: ____________________________________ |
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NOTICE AND INSTRUCTIONS |
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READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR ABSENT VOTER BALLOT TO NOT BE COUNTED. |
1.
We have determined that the signature you provided on your absent voter ballot
return envelope does not agree with the signature on file in your voter record.
In order to ensure that your absent voter ballot will be counted, the signature
verification statement must be completed and returned as soon as possible.
2.
The signature verification statement must be received by the city or township
clerk of the city or township where you are registered to vote no later than 5
p.m. of the third day before the certification of the election (Deadline Date:
___________________).
3.
You must sign your name where specified on the signature verification statement
(Voter's Signature).
4.
Place the signature verification statement into a mailing envelope addressed to
your city or township clerk. Mail, deliver, or have the completed statement
delivered to the city or township clerk. Be sure there is sufficient postage if
mailed and that the address of the city or township clerk is correct.
5.
If you do not wish to send the signature verification statement by mail or have
it delivered, you may submit your completed statement by electronic mail or
facsimile transmission to your city or township clerk using the information
provided.
(3)
Upon receiving a signature verification statement signed by an elector, the
city or township clerk shall compare the signature on the statement with the
signature on the master card or
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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, not less than 10 days before the certification of the
election, notify the elector of the rejection by mail, telephone, or electronic
mail. An elector who is notified of a rejection by a city or township clerk
under this subsection may, no later than 5 p.m. of the third day before the
certification of the election, complete and submit by delivering in person, by
mail, by facsimile, or by electronic mail to the city or township clerk an
unsigned ballot statement signed by the elector. If an elector who is notified
of a rejection under this subsection fails to submit a signed statement as
provided in this subsection, the absent voter ballot for that elector must not
be counted.
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(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.
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Voter's Signature: __________________________________ |
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Voter's Address: ____________________________________ |
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NOTICE AND INSTRUCTIONS |
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READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR ABSENT VOTER BALLOT TO NOT BE COUNTED. |
1.
In order to ensure that your absent voter ballot will be counted, the unsigned
ballot statement must be completed and returned as soon as possible so that it
can reach the city or township clerk of the city or township in which you are
registered to vote no later than 5 p.m. of the third day before the
certification of the election (Deadline Date: ___________________).
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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 electronic mail or
facsimile transmission to your city or township clerk using the information
provided.
(6) Upon receiving an unsigned ballot statement signed by an elector, the city or township clerk shall compare the signature on the statement with the signature on the master card or the digitized signature contained in the qualified voter file for that elector. If the city or township clerk determines that the signatures agree, the absent voter ballot of that elector must be counted. Except as otherwise provided in this subsection, if the city or township clerk determines that the signatures do not agree, the return envelope for that absent voter must not be opened and the absent voter ballot of that elector must not be counted. The city or township clerk shall write the cause of the rejection on the face of an absent voter ballot return envelope that is rejected. If an elector returns his or her unsigned ballot statement in person to the city or township clerk and the elector presents identification for election purposes to the city or township clerk, the absent voter ballot of that elector must be counted even if the signatures do not agree.
(7) The clerk of each city or township shall include the
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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, electronic mail address, and facsimile transmission number.
Sec. 767. If upon an examination of examining the envelope containing an absent voter's ballot or ballots , it is determined that the signature on the envelope does not agree sufficiently with the signature on the registration card or the digitized signature contained in the qualified voter file as provided under section 766 so as to identify the voter or if the board shall have has knowledge that the person individual voting the absent voter 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.
