Bill Text: MI SB0909 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Elections: voting procedures; elections by absent voter ballot; require. Amends secs. 3, 31, 301, 305, 355, 385, 480, 491, 499e, 500d, 576, 579, 580, 653a, 654, 659, 660, 662, 668, 669, 672, 678, 679, 715, 720, 721, 723, 727, 731, 733, 736b, 736c, 736d, 736e, 737a, 741, 751, 754, 755a, 757, 759a, 759b, 761b, 764a, 764b, 765, 765a, 794, 795, 796, 797b, 811, 829, 931 & 932 of 1954 PA 116 (MCL 168.3 et seq.), adds sec. 641a & repeals secs. 346, 507, 523, 523a, 575, 577, 663, 664, 668a, 675, 709, 717, 722, 724, 726, 729, 736, 736a, 738, 740, 742, 743, 744, 744a, 746, 749, 762, 769, 797, 797a, 801, 813, & 932e of 1954 PA 116 (MCL 168.346 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-05-06 - Referred To Committee On Elections [SB0909 Detail]
Download: Michigan-2019-SB0909-Introduced.html
SENATE BILL NO. 909
May 06, 2020, Introduced by Senator IRWIN and
referred to the Committee on Elections.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 3, 31, 301, 305, 355, 385, 480, 491, 499e, 500d, 576, 579, 580, 653a, 654, 659, 660, 662, 668, 669, 672, 678, 679, 715, 720, 721, 723, 727, 731, 733, 736b, 736c, 736d, 736e, 737a, 741, 751, 754, 755a, 757, 759a, 759b, 761b, 764a, 764b, 765, 765a, 794, 795, 796, 797b, 811, 829, 931, and 932 (MCL 168.3, 168.31, 168.301, 168.305, 168.355, 168.385, 168.480, 168.491, 168.499e, 168.500d, 168.576, 168.579, 168.580, 168.653a, 168.654, 168.659, 168.660, 168.662, 168.668, 168.669, 168.672, 168.678, 168.679, 168.715, 168.720, 168.721, 168.723, 168.727, 168.731, 168.733, 168.736b, 168.736c, 168.736d, 168.736e, 168.737a, 168.741, 168.751, 168.754, 168.755a, 168.757, 168.759a, 168.759b, 168.761b, 168.764a, 168.764b, 168.765, 168.765a, 168.794, 168.795, 168.796, 168.797b, 168.811, 168.829, 168.931, and 168.932), sections 3, 491, 500d, 765, 811, and 829 as amended and sections 499e and 761b as added by 2018 PA 603, section 31 as amended by 2012 PA 271, sections 301 and 653a as amended by 2005 PA 71, section 305 as amended by 2010 PA 334, section 355 as amended by 2013 PA 51, section 385 as added by 2012 PA 586, section 480 as amended by 2012 PA 276, sections 576 and 579 as amended by 1996 PA 213, section 580 as amended by 1985 PA 160, section 659 as amended by 2014 PA 94, sections 662 and 727 as amended by 2004 PA 92, section 668 as amended by 2004 PA 96, sections 669, 679, 741, and 764b as amended by 2018 PA 120, sections 731 and 932 as amended by 1995 PA 261, sections 733 and 931 as amended by 1996 PA 583, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, section 737a as amended by 2018 PA 611, section 755a as added by 2014 PA 79, section 759a as amended by 2012 PA 523, section 764a as amended by 2012 PA 128, section 765a as added by 2018 PA 123, section 794 as amended by 1992 PA 8, section 795 as amended by 2018 PA 127, and sections 796 and 797b as amended by 1990 PA 109, and by adding section 641a; and to repeal acts and parts of acts.
the people of the state of michigan enact:
1
2
3
4
5
(a) "Locked and
sealed" is defined in section 14.
(b) "Major political
party" is defined in section 16.
(c) "Metal
seal" or "seal" is defined in section 14a.
(d) "Name that was
formally changed" means a name changed by a
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
proceeding
under chapter XI of the probate code of 1939, 1939 PA 288, MCL 711.1 to 711.3,
or former 1915 PA 314, or through a similar, statutorily sanctioned procedure
under the law of another state or country.
(e) "Odd year
general election" means the election held on the November regular election
date in an odd numbered year.
(f) "Odd year
primary election" means the election held on the August regular election
date in an odd numbered year.
(g) "Primary"
or "primary election" is defined in section 7.
(h)
"Regular ballot" means a ballot that is issued to a voter on election
day at a polling place location.
(h)
(i) "Qualified elector" is defined in section
10.
(i)
(j) "Qualified voter file" is defined in section
509m.
(j)
(k) "Regular election" means an election held on
a regular election date to elect an individual to, or nominate an individual
for, elective office in the regular course of the terms of that elective
office.
(k)
(l) "Regular
election date" means 1 of the dates established as a regular election date
in section 641.
(l) (m) "Residence" is defined in section 11.
Sec. 31. (1) The
secretary of state shall do all of the following:
(a) Subject to subsection (2), issue instructions and
promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, for the conduct of elections and registrations in
accordance with the laws of this state.
(b) Advise and direct local election officials as to the
proper methods of conducting elections.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(c) Publish and furnish for the use in each election precinct
before each state primary and election a manual of instructions. that includes specific
instructions on assisting voters in casting their ballots, directions on the location
of voting stations in polling places, procedures and forms for processing
challenges, and procedures on prohibiting campaigning in the polling places as
prescribed in this act.
(d) Publish indexed pamphlet copies of the registration,
primary, and election laws and furnish to the various county, city, township,
and village clerks a sufficient number of copies for their own use and to
enable them to include 1 copy with the election supplies furnished each
precinct board of election inspectors under their respective jurisdictions. The
secretary of state may furnish single copies of the publications to
organizations or individuals who request the same for purposes of instruction
or public reference.
(e) Prescribe and require uniform forms, notices, and supplies
the secretary of state considers advisable for use in the conduct of elections
and registrations.
(f) Prepare the form of ballot for any proposed amendment to
the constitution or proposal under the initiative or referendum provision of
the constitution to be submitted to the voters of this state.
(g) Require reports from the local election officials the
secretary of state considers necessary.
(h) Investigate, or cause to be investigated by local
authorities, the administration of election laws, and report violations of the
election laws and regulations to the attorney general or prosecuting attorney,
or both, for prosecution.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(i) Publish in the legislative manual the vote for governor
and secretary of state by townships and wards and the vote for members of the
state legislature cast at the preceding November election, which shall that must be returned
to the secretary of state by the county clerks on or before the first day of
December following the election. All clerks shall furnish to the secretary of
state, promptly and without compensation, any further information requested of
them to be used in the compilation of the legislative manual.
(j) Establish a curriculum for comprehensive training and
accreditation of all county, city, township, and village officials who are
responsible for conducting elections.
(k) Establish a continuing election education program for all
county, city, township, and village clerks.
(l) Establish and
require attendance by all new appointed or elected election officials at an
initial course of instruction within 6 months before the date of the election.
(m) Establish a comprehensive training curriculum for all
precinct inspectors.
(n) Create an election day dispute resolution team that has
regional representatives of the department of state, which team shall appear on
site, if necessary.
(2) Pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328, the secretary of state shall promulgate
rules establishing uniform standards for state and local nominating, recall,
and ballot question petition signatures. The standards for petition signatures
may include, but need not be limited to, standards for all of the following:
(a) Determining the validity of registration of a circulator
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
or individual signing a petition.
(b) Determining the genuineness of the signature of a
circulator or individual signing a petition, including digitized signatures.
(c) Proper designation of the place of registration of a
circulator or individual signing a petition.
Sec. 301. (1)
Unless a particular power or duty of an election official or a particular
election procedure is specifically governed by a provision of this chapter, a
school district election is governed by the provisions of this act that
generally govern elections.
(2) Except as provided in section 305, the school district
election coordinator for a school district shall conduct each regular election
and each special election that is requested by the school board to submit a
ballot question or to fill a vacancy on the school board. In addition to
receiving requests from the school board to hold special elections, the school
district election coordinator shall do all of the following:
(a) Receive filing fees or nominating petitions and
affidavits of identity from candidates for school board and petitions for special
elections.
(b) Procure the necessary qualified voter file precinct
lists.
(c) Certify candidates.
(d) Receive ballot proposal language.
(e) Issue absent voter ballots.
(3) A school district election coordinator who is a county
clerk may delegate, if the city or township clerk agrees, all or a portion of
the school district election coordinator's duties to that city or township
clerk. The school district election
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
coordinator shall not delegate duties to any person not named
in this section.
(4) A school district election coordinator who is a county
clerk may delegate the following duties to the city or township clerk, who
shall perform the following duties:
(a) Distribute, receive, and process absent voter ballot
applications for a school election.
(b) Make voting systems available for the conduct of a school
election.
(c) Make available to the school district election
coordinator the list of election inspectors for that city or township.
(d) Notify school district electors of precinct and polling place location changes.
(5) If the county clerk is the school district election
coordinator for a school district, the county election commission shall
establish that school district's election precincts and polling place locations in accordance
with this act.
Sec. 305. (1)
Within 30 days after the effective date of this chapter, the school district
election coordinating committee for each school district shall hold an initial
meeting. Within 14 days after convening the initial meeting, the school
district election coordinating committee shall file a report with the secretary
of state that sets forth the arrangements that are agreed upon for the conduct
of the school district's elections. Each school district election coordinating
committee member shall sign the report and retain a copy.
(2) After filing its initial report under subsection (1) and
until December 31, 2012, a school district election coordinating committee
shall meet at 2-year intervals to review and, if
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
necessary, alter the election arrangements set forth in its
previous report. Beginning January 1, 2013, a school district election
coordinating committee shall meet at 4-year intervals or earlier if determined
necessary by the chairperson of the school district election coordinating
committee to review and, if necessary, alter the election arrangements set
forth in its previous report. After each review, a school district election
coordinating committee shall either notify the secretary of state in writing
that its previous report is not being altered or file with the secretary of
state a report with the alterations. Until December 31, 2012, election
arrangements made by the clerks of the jurisdictions participating in the
school district election coordinating committee meeting are binding on the
participating jurisdictions for at least 2 years after the report is filed, and
each jurisdiction continues to be bound until an altered report is filed.
Beginning January 1, 2013, election arrangements made by the clerks of the
jurisdictions participating in the school district election coordinating
committee meeting are binding on the participating jurisdictions until an
altered report is filed.
(3) The arrangements agreed upon by a school district election
coordinating committee for the conduct of the school district's elections shall must accomplish at
least both of the following:
(a) If a school district election is held on the same day as
an election of a jurisdiction that overlaps with the school district, an
elector wishing to vote in both elections shall not be required to vote at 2
different locations.
(b) If, before the filing of an initial report or of the
notice or altered report after its review, a city or township clerk notifies
the school district election coordinating committee that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
the city or township clerk, in consultation with the city
council or township board, as applicable, has decided to participate in the
conduct of the school district's elections, the school district election
coordinating committee shall include that city or township clerk in its initial
or an altered report as the person conducting the school district's elections
in the clerk's city or township.
(4) Notwithstanding the other provisions of this chapter, if
a city or township is holding an election for elective office or on a ballot
question at the same time that a school district located in whole or part in
the city or township is holding an election, the city or township clerk shall
also conduct the school district election within his or her jurisdiction. If a
city or township clerk is conducting a school election under this subsection,
the clerk shall use the same precincts that are used for state and federal
elections as the precincts for the school district election. If these precincts change the
polling place location for school district electors, the clerk shall notify
those school district electors of the location of the different polling place. A
city or township clerk with the consent of the school district election
coordinator may use the school election precincts. and polling places. A city or township clerk
conducting an election under this subsection may consolidate election precincts
in the manner provided in section 659.
Sec. 355. (1) The
candidate or candidates of each political party to a township office receiving
the greatest number of votes cast for candidates of that office, as set forth
in the report of the board of county canvassers, based on the returns from the
various election precincts, or as determined by the board of county canvassers
as the result of a recount, shall
must be
declared the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
nominee or nominees of that political party for that office
at the next ensuing November election. The board of county canvassers shall
certify the nomination or nominations to the township clerk within 48 hours
after the polls close.8 p.m. on election day.
(2) Within 4 days following the primary, the township clerk
shall deliver to the county clerk a list setting forth the names, addresses,
political affiliation, and office sought of all candidates nominated at the
primary.
Sec. 385. (1)
Unless a particular power or duty of an election official or a particular
election procedure is specifically governed by a provision of this chapter, a
metropolitan district election is governed by the provisions of this act that
generally govern elections.
(2) The metropolitan district election coordinator shall
conduct each regular election that is requested by the legislative body of a
metropolitan district to submit a ballot question or to fill a position or
vacancy on the legislative body of the metropolitan district. The metropolitan
district election coordinator shall do all of the following:
(a) Receive nominating petitions and affidavits of identity
from candidates for officer to the legislative body of a metropolitan district
and petitions for ballot questions.
(b) Procure the necessary qualified voter file precinct
lists.
(c) Certify candidates.
(d) Receive ballot proposal language.
(e) Issue absent voter ballots.
(3) A metropolitan district election coordinator may
delegate, if the city or township clerk agrees, all or a portion of the
metropolitan district election coordinator's duties to that city or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
township clerk. The metropolitan district election
coordinator shall not delegate duties to any person not named in this section.
(4) A metropolitan district election coordinator may delegate
the following duties to the city or township clerk, who shall perform the
following duties:
(a) Distribute, receive, and process absent voter ballot
applications for a metropolitan district election.
(b) Make voting systems available for the conduct of a
metropolitan district election.
(c) Make available to the metropolitan district election
coordinator the list of election inspectors for that city or township.
(d) Notify metropolitan district electors of precinct and polling place location changes.
(5) The county election commission shall establish that
metropolitan district's election precincts and polling place locations in accordance
with this act.
Sec. 480. If a proposed constitutional amendment or
other special question is to be submitted to the electors of this state for
popular vote, the secretary of state shall, not less than 60 days before the
date of the election at which the proposed constitutional amendment or other
special question is to be submitted, certify the statement of the purpose for
designation on the ballot to the clerk of each county in this state, together
with the form in which the constitutional amendment or other special questions shall must be printed on the ballot. The
secretary of state shall also furnish the county clerks in this state 2 copies
of the text of each constitutional amendment or other special question and 2
copies of each statement for each voting precinct in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
their
respective counties. Each county clerk shall furnish the copies of the
statement to the township and city clerks in his or her county at the time
other supplies for the election are furnished. Each township or city clerk shall, before the opening of the polls
on election day, deliver the copies of the text and statement to which each
voting precinct in his or her township or city is entitled to the board of
election inspectors of the precinct, who shall post the same in conspicuous
places in the room where the election is held.
Sec. 491. The inspectors of election at an election,
primary election, or special election in this state shall not receive the vote
of an individual whose name is not on the voter registration list generated
from the qualified voter file for the precinct in which he or she offers to
vote, unless the individual meets the
requirements of section 523a, or the individual registered to
vote in person at the city or township clerk's office in the city or township
in which he or she resides during the 14 days before the day of an election or
on the day of an election. and the individual presents a voter
registration receipt to the inspectors of election.
Sec. 499e. (1) The clerk of a city or township shall
be present or have a deputy clerk be present at the clerk's office at all times
a polling place is open between 7 a.m. and 8 p.m. on election day
to receive and process voter registration applications.
(2) Immediately after
approving a voter registration application under this section, the clerk or
deputy clerk shall prepare a registration card or an insert to a registration
list in a form prescribed by the secretary of state. In addition, the clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
or deputy
clerk shall provide to the individual registering to vote a voter registration
receipt that is in a form as approved by the secretary of state.
(3) The clerk shall
prepare and send a voter identification card in the manner prescribed for
corrected voter identification cards in section 499 as soon as practical after
the election.
Sec. 500d. An individual who has properly completed an
application for registration at an office of the secretary of state or his or
her agent is permitted to vote in all elections after making the application if
the clerk determines the individual is qualified. If the clerk determines the
individual is not qualified, the clerk immediately shall send a notice to the
applicant at the address stated in the application stating the determination
and the reasons the individual is not qualified. An individual is permitted to vote if he or she presents at the
polls a validated voter registration application receipt and the clerk
determines the individual is qualified.
Sec. 576. (1) An elector, after having received a
ballot or ballots, shall enter a
booth or voting compartment and, while there concealed from view, shall
vote the ballot or ballots by making a cross or
a check mark in the square darkening the oval or box at the left of the names
of those candidates for whom the elector desires to vote, but in no case for
more candidates for any office than is indicated under the title of each
office. However, an elector may vote for a person an individual whose name is not printed on the
ballot by inserting the name in a manner that will substitute it for any name
that is printed on the ballot or where no candidate's name appears upon the
ballot.
(2) The elector shall
indicate his or her choice of candidates
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
on 1
party ticket only and, after marking the ballot, the elector shall fold it for
deposit pursuant to under the provisions of this act. A
ballot on which more than 1 party ticket has been voted is void.
(3)
This section is subject to section 736a.
Sec. 579. If an elector, after marking his or her
ballot, exposes it to any person individual in a manner likely to reveal
the name of any candidate for whom the elector voted, the board of election
inspectors shall reject the ballot and the elector shall forfeit forfeits the right to vote at the primary. A note of
the occurrence shall must be made upon the poll list opposite
the name of the elector. This section does
not apply to an elector who exposes his or her ballot to a minor child
accompanying that elector in the booth or voting compartment under section
736a.
Sec. 580. In counting the ballots, after the closing of the polls, only those
candidates having crosses or check marks marked in the squares to the left of
their names shall be are considered to have received votes,
and any ballot upon which more votes have been recorded for candidates for any
office than may, by law, be elected to that office shall must be
rejected as to all names appearing on the ballot for that office only.
Sec. 641a. (1) Beginning October 1,
2020, each regular and special election must be conducted by absent voter
ballot only.
(2) Beginning 60 days before each regular election and special election conducted after October 1, 2020 in a city or township, the clerk of that city or township shall send to each registered elector in that city or township an absent voter ballot application for that election.
Sec. 653a. (1) On receipt of the notice from the
county clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
pursuant to under section
652, the clerk of each city and township shall give notice of the time and place at which date the election is to be held, the
offices to be filled, and the proposals to be submitted to the voters. The
notice shall must be published in a newspaper
published, or of general circulation, in the city or township. A caption or
brief description of the proposal or proposals along with the location where an
elector can obtain the full text of the proposal or proposals shall must be included in the notice. The
publication shall must be made not less than 7 days before
the election. The notice shall must be in substantially the following
form:
ELECTION NOTICE |
||||||
To the qualified electors of the city or township ______________________________ notice is hereby given that a |
||||||
____________________________________________________________ |
||||||
|
(indicate whether regular, special, or primary) |
|||||
election will be held in ___________________________________ |
||||||
on __________ from 7 a.m. to 8 p.m. for the purpose of |
||||||
|
(date) |
|||||
nominating or electing candidates for the following offices: |
||||||
____________________________________________________________ |
||||||
|
(list of offices) |
|||||
and to vote on the following proposals: |
||||||
____________________________________________________________ |
||||||
|
(list all proposals to be submitted to voters) |
|||||
List of polling place locations: __________________________. |
||||||
|
_______________________ |
|||||
|
(clerk) |
|||||
(2) A county clerk may
enter into an agreement with the clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
of 1 or
more townships or cities in the county or the clerks of 1 or more cities or
townships in a county may enter into an agreement to jointly publish the notice
in subsection (1). The notice shall must be published in a newspaper of
general circulation in the cities and townships listed in the notice. If
certain offices or proposals are to be voted on in less than all of the
precincts, the notice shall must specify the townships or cities that
shall vote on only those offices or proposals.
Sec. 654. The words "election precinct" as As used in this act, shall mean "election precinct" means a
political subdivision, the area of which is embraced in its entirety within the
confines of a city, ward, township,
or village, and for which not more than 1 polling place absent voter counting board is provided for all
qualified and registered electors residing therein. When in that area. If not divided according to law into 2
or more election precincts, each organized city, ward, township, and village shall be an election
precinct.
Sec. 659. (1) If a county, city, ward, township,
village, metropolitan district, or school district is divided into 2 or more
election precincts, the county, city, ward, township, or village election
commissioners may, by resolution, consolidate the election precincts for a particular any election. that is not a
general November election, primary election immediately before a general
November election, or other statewide or federal election. In
making the determination to consolidate election precincts for a particular
election, the election commission shall take into consideration the number of
choices the voter must make, the percentage of registered voters who voted at
the last similar election in the jurisdiction, and the intensity of the
interest of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
the
electors in the jurisdiction concerning the candidates and proposals to be
voted upon. Consolidated precincts shall must not
exceed 5,000 active registered electors.
(2) A consolidation under
this section shall must be made not less than 60 days before
a primary, general, or special election.
(3) Unless the polling places for the
election precincts to be consolidated are located in the same building, when If a county, city, ward, township, or
village consolidates election precincts for a particular election under
subsection (1), the election commissioners or other designated election
officials shall do both of the
following:
(a)
Provide provide
notice to the registered electors
of the affected election precincts of the consolidation of election precincts
for the particular election. and the location of the polling
place for the election precinct or precincts for that election. Notice
may be provided by mail or other method designed to provide actual notice to
the registered electors.
(b)
Post a written notice at each election precinct polling place stating the
location of the consolidated election precinct polling place.
(4) If a county, city,
ward, township, or village consolidates election precincts under this section,
each affected election precinct shall must be
treated as a whole unit and shall must not be divided during the
consolidation.
Sec. 660. When If a
city, ward, township, or village is subdivided into election precincts, or the
election precincts are altered or rearranged, the city, township, or village
election commission, or other officials charged with the performance of the
duty by the charter of the city or village, shall enter that action
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
of record
in its proceedings, specify the numbers of the precincts altered or rearranged
in numerical order, and describe the boundaries of each precinct. Notice of the
subdivision, alteration, or rearrangement shall must be
given immediately by the city, township, or village clerk. The notification shall must be effected by mailing to each
qualified and registered elector affected by the subdivision, alteration, or
rearrangement a notice by first class letter postage advising of the location of his new polling place subdivision, alteration, or rearrangement and,
if deemed considered advisable by the city,
township, or village election commission, by posting a public notice of the
change in 2 places in each precinct affected, thereby, advising
the boundaries of each of the precincts. A notice shall must also
be immediately transmitted to the county clerk, and the county clerk shall
transmit to the secretary of state, not later than 200 days prior to before the primary next preceding the
general November election, the number of election precincts in his the county. The city, township, or
village clerk shall give like notice of the abolition of the division of a
city, ward, township, or village into election precincts, and shall, in the
notice of abolition, state that the city, ward, township, or village is
restored as a single election precinct. and indicate the
location of the polling place therein. Notice of the abolition shall must be immediately transmitted to the
county clerk, and by him or her to
the secretary of state, as in the case of the subdivision or alteration of
boundaries as herein provided in this section.
Sec. 662. (1) The legislative body in each city,
village, and township shall designate and prescribe the place or places of
holding an election for a city, village, or township election, and
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
shall
provide a suitable polling place location in or for each precinct located in the city,
village, or township for use by an absent
voter counting board at each election. Except as otherwise
provided in this section, school buildings, fire stations, police stations, and
other publicly owned or controlled buildings shall must be
used as polling places. locations. If it is not possible or
convenient to use a publicly owned or controlled building as a polling place, location, the legislative body of the
city, township, or village may use as a polling place location a building owned or controlled by an
organization that is exempt from federal income tax as provided by section
501(c), other than
501(c)(4), (5), or (6),
of the internal revenue code of 1986, or any successor statute. 26 USC 501. The legislative body of a city,
township, or village shall not designate as a polling place location a building that is owned by a person who is
a sponsor of a political committee or independent committee. A city, township,
or village shall not use as a polling place location a building that does not meet
the requirements of this section. As used in this subsection, "sponsor of
a political committee or independent committee" means a person who is
described as being a sponsor under section 24(3) of the Michigan campaign
finance act, 1976 PA 388, MCL 169.224, and includes a subsidiary of a
corporation or a local of a labor organization, if the corporation or labor
organization is considered a sponsor under section 24(3) of the Michigan
campaign finance act, 1976 PA 388, MCL 169.224.
(2) The legislative body
in each city, village, and township shall make arrangements for the rental or
erection of suitable buildings for use as polling places locations for absent voter counting boards if
publicly owned or controlled buildings are not
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
available,
and shall have the polling places locations equipped with the necessary
facilities for lighting and with adequate facilities for heat and ventilation. The legislative body may establish
a central polling place or places for 6 precincts or less if it is possible and
convenient for the electors to vote at the central polling place. The
legislative body may abolish other polling places not required as a result of
the establishment of a central polling place.
(3) The legislative body of a city,
village, or township may establish a polling place at a for profit or nonprofit
residence or facility in which 150 persons or more aged 62 or older reside or
at an apartment building or complex in which 150 persons or more reside. A
township board may provide polling places
located locations within
the limits of a city that has been incorporated from territory formerly a part
of the township. , and the electors of the township
may cast their ballots at those polling places. If 2 contiguous
townships utilize a combined township hall or other publicly owned or
controlled building within 1 of the township's boundaries and outside of the
other township's boundaries, and there is not another publicly owned or
controlled building or a building owned or controlled by an organization that
is exempt from federal income tax, as provided by section 501(c), other than
501(c)(4), (5), or (6), of the internal revenue code of 1986, 26 USC 501, available or suitable for a polling place location within the other township, then
each township board may provide a polling place location in that publicly owned building for 1 or
more election precinct.
(4) The legislative body
of a city, village, or township shall not establish, move, or abolish a polling place location less than
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
60 days
before an election unless necessary because a polling place location has been damaged, destroyed, or rendered
inaccessible or unusable as a polling place.location.
(5)
The legislative body of a city, village, or township shall ensure that a
polling place established under this section is accessible and complies with
the voting accessibility for the elderly and handicapped act and the help
America vote act of 2002.
(6)
As used in this section, "accessible" means the removal or
modification of policies, practices, and procedures that deny an individual
with a disability the opportunity to vote, including the removal of physical
barriers as identified in section 261(b) of the help America vote act of 2002,
42 USC 15421, so as to ensure individuals with disabilities the opportunity to
participate in elections in this state.
Sec. 668. Before the polls open, 7 a.m. on election day, the city, township, or
village clerk shall deliver to the board of election inspectors of each election precinct the voter registration
list, the forms for poll lists and returns, and any other supplies necessary. to conduct the election.
Sec. 669. For a federal, state, district, or county
primary or election, a city or township board of election commissioners shall
provide for each election precinct,
at the expense of the respective city or township, each of the following:
(a)
For each election precinct, a
ballot container approved under section 24j to be utilized in the precinct.
(b)
For each polling place, a United States flag and any additional items needed to
display the flag. The flag must measure not less than 3 feet wide and 5 feet
long. The election inspectors shall ensure that the flag is displayed at or in
each polling place
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
during an election.
Sec. 672. At every election, there shall must be a board of at least 3 inspectors
of election, constituted as in this chapter, provided, in
and for each election precinct. Not less than a majority of the inspectors shall must be present in the precinct. polling place during the time the polls are open.
Sec. 678. Each board of election inspectors shall possess possesses full authority to maintain
peace, regularity, and order, at its polling place, and to enforce obedience to
their lawful commands during any primary or election and during the canvass of
the votes. after the poll is closed.
Sec. 679. (1) The legislative body of a city or
township, by resolution, may provide that for an election in a precinct of the
city or township, there shall be is an additional board of election
inspectors, known as the counting board. The counting board must consist of 3
or more election inspectors. Sections 673a and 674 apply to the appointment of
election inspectors to counting boards under this section. The counting board
shall count the ballots cast in the precinct at an election and make a
statement of returns of that count. The provisions of this chapter relative to
the appointment, qualifications, privileges, powers, duties, and oaths of
office of election inspectors apply to the members of a counting board, to the
extent that they apply to the counting of the votes cast at and the making of
the statement of returns of an election.
(2) In a precinct for
which a counting board has been provided, the duties of the election inspectors who have conducted the
election during the day cease on the closing of the polls and, upon the closing
of the polls, the counting board assumes charge and control of
the place of voting, the ballot
boxes, the ballots,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
and all
other equipment of the polling place precinct location and shall proceed with
the counting of votes. The counting
board shall perform all duties required by this act to be performed after the closing
of the polls at an election by the board of election inspectors in a precinct
that does not have a counting board, as provided in this section.
(3) Section 662 applies
to the designation and prescribing of the place or places in which the counting
board performs its duties under this section.
Sec. 715. It shall be is the duty of county, city, and township clerks to keep safeguarded all
official ballots for absent voters' use. The said township or city clerk shall have has the right to open the package or
packages of absent voter ballots received by him for any precinct in his the township
or city, provided he shall receive
application the clerk
receives applications for absent voter ballots from any qualified
elector of such the precinct. , but not otherwise.
He The clerk shall in no case not open any of the other packages of
official ballots, but shall keep them
intact in some safe and secure place, and shall deliver them and other election
supplies, together with the absent voter ballots remaining in his possession,
to the chairman chairperson or some member of the board
of inspectors of election of the proper precinct or precincts of his township
or city , as the case may be, before
7 o'clock in the forenoon a.m. of the day of election. On delivery
of said the ballots to the chairman chairperson or some other member of the
board of election, said the clerk shall take a receipt therefor, which receipt that he or she shall file in his or her office.
Sec. 720. On the day of any election, the polls shall be
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
opened at 7 o'clock in the forenoon, and shall be
continuously open until 8 o'clock in the afternoon and no longer. Every every qualified elector present and in line at the polls at the hour prescribed for the
closing thereof shall be is allowed to vote until 8 p.m.
Sec. 721. Unless otherwise specified, the hours for the opening and closing of polls
and for the conducting of elections shall be are governed by eastern standard time. : Provided, however, That However, in the counties where central standard time
is the observed time of any such county,
the opening and closing of the polls
and the conducting of elections may be governed by central
standard time, upon resolution to such that effect
adopted by the county board of supervisors.commissioners.
Sec. 723. Before opening the polls, 7 a.m. on election day, each ballot box to be used
at the election shall must be examined by the board of
inspectors of election and the contents, if any, removed therefrom; it shall from the ballot box. The ballot box must then
be locked, and the key thereof for the ballot box delivered to 1 of the
inspectors, to be designated by the board. The said ballot box
shall must not be opened during the election.
Sec. 727. (1) An election inspector shall challenge the ballot of an applicant applying for a ballot elector if the inspector knows or has
good reason to suspect that the applicant elector is not a qualified and registered elector of
the precinct, or if a challenge appears in connection with the applicant's elector's name in the registration book.
A registered elector of the precinct present in the polling place may challenge the right
of anyone attempting to vote if the elector knows or has good reason to suspect
that individual is not a registered elector in that
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
precinct.
An election inspector or other qualified challenger may challenge the right of
an individual attempting to vote who has previously applied for an absent voter
ballot and who on election day is claiming to have never received the absent
voter ballot or to have lost or destroyed the absent voter ballot.
(2) Upon a challenge
being made under subsection (1), an election inspector shall immediately do all
of the following:
(a) Identify as provided
in sections section 745 and 746 a ballot voted by the challenged individual,
if any.
(b) Make a written report
including all of the following information:
(i) All election disparities or infractions complained of or
believed to have occurred.
(ii) The name of the
individual making the challenge.
(iii) The time of the
challenge.
(iv) The name,
telephone number, and address of the challenged individual.
(v) Other information
considered appropriate by the election inspector.
(c) Retain the written report created under subdivision (b)
and make it a part of the election record.
(d) Inform a challenged elector of his or her rights. under section 729.
(3) A challenger shall not make a challenge indiscriminately
and without good cause. A challenger shall not handle the poll books while
observing election procedures or the ballots during the counting of the
ballots. A challenger shall not interfere with or unduly delay the work of the
election inspectors. An individual who challenges a qualified and registered
elector of a voting precinct
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
for the purpose of annoying or delaying voters is guilty of a
misdemeanor.
Sec. 731. (1) Not
less than 20 and not more than 30 days before an election, an incorporated
organization or organized committee of interested citizens other than political
party committees authorized by this act intending to appoint challengers at the
election shall file with the clerk of the county, city, village, or township in which
the election is to be held, a statement setting forth the intention of the
organization or committee to appoint challengers. The statement shall must set forth the
reason why the organization or committee claims the right to appoint challengers,
with a facsimile of the card to be used, and shall must be signed and sworn to by the chief
presiding officer, the secretary, or some other officer of the organization or
committee. The clerk or secretary of state, as applicable under subsection (2),
may deny an organization or committee the authorization to appoint challengers
if that organization or committee fails to furnish evidence satisfactory to the
clerk or secretary of state that the organization or committee is devoted to
the purposes enumerated in section 730.
(2) Not later than 2 business days after receipt of a
statement of intent to appoint challengers under subsection (1), a clerk shall
approve or deny the organization's or committee's authorization to appoint
challengers and notify the organization or committee of that approval or
denial. If authorization is denied under this subsection, an organization or
committee may appeal the denial with the secretary of state not later than 2
business days after receipt of the denial. Not later than 2 business days after
receipt of an appeal of a denial under this subsection, the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
secretary of state shall review the clerk's denial and
approve or deny the organization's or committee's authorization to appoint
challengers and notify the organization or committee and the clerk of that
decision.
(3) Before the
opening of the polls, 7 a.m. on election day, the clerk shall
certify in writing to the board of election inspectors in a county, city,
village, or township in which the election will be conducted the names of
organizations and committees that are authorized under this section to appoint
and keep challengers at the
polling places in the county, city, village, or township.
(4) A person who files a statement under this section on
behalf of an organization or committee that is not authorized by this act to
appoint challengers or a clerk who knowingly fails to perform the duties
required by this section is guilty of a felony , punishable by a fine of not more than
$1,000.00 , or by imprisonment
for not more than 2 years, or both.
Sec. 733. (1) The
board of election inspectors shall provide space for the challengers within the
polling place that enables the challengers to observe the election procedure
and each person applying to vote. A challenger may do 1 or more of the
following:
(a) Under the scrutiny of an election inspector, inspect
without handling the poll books.
as ballots are issued to
electors and the electors' names being entered in the poll book.
(b) Observe the manner in which the duties of the election
inspectors are being performed.
(c) Challenge the voting rights of a person an individual who the challenger has good
reason to believe is not a registered elector.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(d) Challenge an election procedure that is not being
properly performed.
(e) Bring to an election inspector's attention any of the
following:
(i) Improper handling
of a ballot by an elector or
election inspector.
(ii) A violation of a regulation made by the
board of election inspectors pursuant to section 742.
(iii) Campaigning being performed by an
election inspector or other person in violation of section 744.
(ii) (iv) A violation of
election law or other prescribed election procedure.
(f) Remain during the canvass of votes and until the
statement of returns is duly signed and made.
(g) Examine without handling each ballot as it is being
counted.
(h) Keep records of votes cast and other election procedures
as the challenger desires.
(i) Observe the recording of absent voter ballots on voting
machines.
(2) The board of election inspectors shall provide space for
each challenger, if any, at each counting board that enables the challengers to
observe the counting of the ballots. A challenger at the counting board may do
1 or more of the activities allowed in subsection (1), as applicable.
(3) Any evidence of drinking of alcoholic beverages or
disorderly conduct is sufficient cause for the expulsion of a challenger from
the polling place or the counting
board. The election inspectors and other election officials on duty shall
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
protect a challenger in the discharge of his or her duties.
(4) A
person An
individual shall not threaten or intimidate a challenger while
performing an activity allowed under subsection (1). A challenger shall not threaten or intimidate an elector
while the elector is entering the polling place, applying to vote, entering the
voting compartment, voting, or leaving the polling place.
Sec. 736b. Each ballot secrecy sleeve used at a primary election must either
contain the following ballot marking instructions printed on the front of the
ballot secrecy sleeve or must have a clear plastic pocket on the front of the
ballot secrecy sleeve that contains a printed copy of the The following ballot marking instructions must be used at a primary election:
TO VOTE: Completely darken the oval opposite each choice as shown: |
[insert graphic here]. |
-- OR -- |
TO VOTE: Completely darken the box opposite each choice as shown: |
[insert graphic here]. |
IMPORTANT: To mark your ballot, use
only a black or blue ink pen. |
DO NOT USE ANY OTHER INK COLOR! |
PARTISAN SECTION: There may be multiple party sections on the ballot. Select the party section of your choice. YOU MAY VOTE IN ONE PARTY SECTION ONLY; YOU CANNOT "SPLIT YOUR TICKET." IF YOU VOTE IN MORE THAN ONE PARTY SECTION, YOUR PARTISAN BALLOT WILL BE REJECTED. |
DO NOT vote for more candidates than indicated under each office title. |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WRITE-IN CANDIDATES: To vote for a candidate whose name is not printed on the ballot, write or place the name of that candidate in the blank space provided and completely darken the voting target area. Do not cast a write-in vote for a candidate whose name is already printed on the ballot for that office. |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain to check the reverse side of the ballot. |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy sleeve so that votes cannot be seen and the numbered stub is visible. Return the ballot to the election official stationed at the tabulator. (If voting by absentee ballot, follow the instructions provided by the clerk for returning the ballot.) |
NOTE: If you make a mistake, return your ballot to the election official and obtain a new ballot. Do not attempt to erase or correct any marks made in error. |
Sec. 736c. Each ballot secrecy sleeve used at a general election must either
contain the following ballot marking instructions printed on the front of the
ballot secrecy sleeve or must have a clear plastic pocket on the front of the
ballot secrecy sleeve that contains a printed copy of the The following ballot marking instructions must be used at a general election:
TO VOTE: Completely darken the oval opposite each choice as shown: |
[insert graphic here]. |
-- OR -- |
TO VOTE: Completely darken the box opposite each choice as shown: |
[insert graphic here]. |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
DO NOT USE
ANY OTHER INK COLOR! |
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
PARTISAN SECTION: To vote the partisan section of the ballot, you may cast a "mixed ticket." |
Mixed Ticket: Vote for the individual candidates of your choice in each office. |
NONPARTISAN and PROPOSAL SECTIONS of the ballot (if any) must be voted separately. |
DO NOT vote for more candidates than indicated under each office title. |
WRITE-IN CANDIDATES: To vote for a candidate whose name is not printed on the ballot, write or place the name of that candidate in the blank space provided and completely darken the voting target area. Do not cast a write-in vote for a candidate whose name is already printed on the ballot for that office. |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain to check the reverse side of the ballot. |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy sleeve so that votes cannot be seen and the numbered stub is visible. Return the ballot to the election official stationed at the tabulator. (If voting by absentee ballot, follow the instructions provided by the clerk for returning the ballot.) |
NOTE: If you make a mistake, return your ballot to the election official and obtain a new ballot. Do not attempt to erase or correct any marks made in error. |
Sec. 736d. Each ballot secrecy sleeve used at a nonpartisan election must
either contain the following ballot marking instructions printed on the front
of the ballot secrecy sleeve or must have a clear plastic pocket on the front
of the ballot secrecy sleeve that contains a printed copy of the The following ballot marking instructions must be used at a nonpartisan election:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
TO VOTE: Completely darken the oval opposite each choice as shown: |
[insert graphic here]. |
-- OR -- |
TO VOTE: Completely darken the box opposite each choice as shown: |
[insert graphic here]. |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
DO NOT USE
ANY OTHER INK COLOR! |
DO NOT vote for more candidates than indicated under each office title. |
WRITE-IN CANDIDATES: To vote for a candidate whose name is not printed on the ballot, write or place the name of that candidate in the blank space provided and completely darken the voting target area. Do not cast a write-in vote for a candidate whose name is already printed on the ballot for that office. |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain to check the reverse side of the ballot. |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy sleeve so that votes cannot be seen and the numbered stub is visible. Return the ballot to the election official stationed at the tabulator. (If voting by absentee ballot, follow the instructions provided by the clerk for returning the ballot.) |
NOTE: If you make a mistake, return your ballot to the election official and obtain a new ballot. Do not attempt to erase or correct any marks made in error. |
Sec. 736e. Each ballot secrecy sleeve used at a special election must either
contain the following ballot marking instructions printed on the front of the
ballot secrecy sleeve or must have a clear plastic pocket on the front of the
ballot secrecy
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
sleeve that contains a printed copy of the The following ballot marking instructions must be used at a special election:
TO VOTE: Completely darken the oval opposite each choice as shown: |
[insert graphic here]. |
-- OR -- |
TO VOTE: Completely darken the box opposite each choice as shown: |
[insert graphic here]. |
IMPORTANT: To mark your ballot, use only a black or blue ink pen. |
DO NOT USE
ANY OTHER INK COLOR! |
CHECK BOTH SIDES OF BALLOT: This ballot has two sides. Be certain to check the reverse side of the ballot. |
WHEN YOU HAVE COMPLETED VOTING: Place the ballot in the secrecy sleeve so that votes cannot be seen and the numbered stub is visible. Return the ballot to the election official stationed at the tabulator. (If voting by absentee ballot, follow the instructions provided by the clerk for returning the ballot.) |
NOTE: If you make a mistake, return your ballot to the election official and obtain a new ballot. Do not attempt to erase or correct any marks made in error. |
Sec. 737a. (1) Except as otherwise provided in this
section, the board of election inspectors shall not count a write-in vote for a person an individual unless that person individual has filed a declaration of
intent to be a write-in candidate as provided in this section. The write-in
candidate shall file the declaration of intent to be a write-in candidate with
the filing official for that elective office on or before 4 p.m. on the second
Friday immediately before the election. The secretary of state, immediately
after the 4 p.m. filing deadline under this subsection,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
shall
prepare and have delivered a list of all persons individuals who have filed a declaration of intent
to be a write-in candidate under this subsection, if any, to the appropriate
county clerks. A filing official other than the secretary of state who receives
a declaration of intent to be a write-in candidate or list of persons individuals who filed a declaration of
intent from another filing official under this subsection shall prepare and
have delivered a list of all persons individuals who have filed a declaration
of intent to be a write-in candidate to the board of election inspectors in the
appropriate precincts before the close of the
polls 8 p.m. on
election day.
(2) If a candidate whose
name is printed on the official ballot for the election dies or is otherwise
disqualified after 4 p.m. on the second Friday immediately before the election,
the requirement of filing a declaration of intent to be a write-in candidate
under subsection (1) does not apply to a write-in candidate. If a death or
disqualification has occurred as described in this subsection, the board of
election inspectors shall count all write-in votes for write-in candidates for
the office sought by the deceased or disqualified candidate.
(3) Subsections (1) and
(2) do not apply to a write-in candidate for precinct delegate. The board of
election inspectors shall not count a write-in vote for a write-in candidate
for precinct delegate unless that candidate has filed a declaration of intent to
be a write-in candidate as provided in this subsection. A write-in candidate
for precinct delegate shall file a declaration of intent to be a write-in
candidate with the county clerk of the county in which that precinct is located
on or before 4 p.m. on the Friday immediately before the election or with the
board of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
election
inspectors in the appropriate precinct before the close of the polls 8 p.m. on election day. A county clerk who receives
a declaration of intent to be a write-in candidate from a write-in candidate
for precinct delegate under this subsection shall prepare and have delivered a
list of all persons individuals who have filed a declaration
of intent to be a write-in candidate to the city and township clerks for the
appropriate precincts before election day. A city or township clerk shall
deliver a list of all persons individuals who have filed a declaration
of intent to be a write-in candidate for precinct delegate to the board of
election inspectors in the appropriate precincts before the close of the polls 8 p.m. on election day.
(4) The secretary of
state shall prescribe forms for the declaration of intent to be a write-in
candidate. Clerks shall maintain a supply of declaration of intent to be a
write-in candidate forms in the clerk's office. and make the
forms available in the polling places during the August primary for this
purpose. The declaration of intent to be a write-in candidate
form must include all of the following information:
(a) The name of the person individual intending to be a write-in
candidate.
(b) The elective office
that the person individual seeks as a write-in candidate.
(c) The residence address
of the person individual seeking elective office as a
write-in candidate.
(d) Other information the
secretary of state considers appropriate.
Sec. 741. The board of inspectors of election clerks shall preserve the unused ballots,
together with the ballots that have
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
been
spoiled by the electors and in place of which other ballots have been issued. , and return them to the city or township clerk, or other officer
provided by a city charter, with a statement of the number of ballots voted,
and the clerk shall give to the election inspectors a receipt that must be
filed with the chairperson of the board.
Sec. 751. When If at
an election an elector shall state states that the elector cannot mark his
or her ballot, the elector shall be assisted in the marking of his or her
ballot by 2 inspectors of election. the clerk of the city or township in which that elector
resides. If an elector is so disabled on account of blindness,
the elector may be assisted in the marking of his or her ballot by a member of
his or her immediate family or by a person an individual over
18 years of age designated by the individual who is
blind. person.
Sec. 754. The inspectors clerk upon whom shall fall falls the duty of assisting a voter shall render such the assistance inside the voting booth clerk's office by showing him or her how to mark his or her ballot in order to vote as he desires, desired, or the inspector clerk shall himself or herself mark the ballot as directed by the voter,
but no a ballot shall must not be
marked by the inspector clerk from any written or printed list or
slip furnished him or her by
the voter or any other person. individual. The inspector clerk shall not suggest to the voter how he or she should vote, or in any manner
attempt to influence him or her as
to the marking of his the ballot, nor allow any other person so individual to do : Provided, That
the so. The duties and
restrictions with respect to inspectors clerks as provided for in this section shall apply to and
govern any person individual
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
assisting
the voter in the marking of his or her ballot,
in accordance with the authorization in section 751. of this act.
Sec. 755a. (1) If an elector is unable to write, or
sign his or her name on an election document because of a physical disability,
the elector may execute the election document where a signature is required
either by making his or her mark or by using a signature stamp.
(2) As used in this
section, "election document" includes, but is not limited to, any of
the following:
(a)
A voter application as described in section 523.
(a)
(b) An absent voter ballot application as described in
section 759 or 759a.
(b)
(c) An emergency absent voter ballot application as
described in section 759b.
(c)
(d) An absent voter ballot return envelope as described in
section 761.
Sec. 757. Any inspector A clerk who shall wilfully assist willfully assists any elector in any manner contrary
to the provisions contained in this section, shall, act is, upon conviction, be guilty of a felony.
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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 8 p.m. 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 tabulated. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(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 8 p.m. 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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, 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. 759b. (1) Any registered
elector may apply for absent voter ballots at any time prior to before 4 p.m. on
election day if
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
he shall have become the elector becomes physically disabled
or shall be is absent from the city
or township because of sickness or death in the family which has that occurred at a time
which has made it impossible to apply for absent voter ballots by the statutory
deadline. The application shall
must be
called an emergency absent voter application.
(2) Emergency absent voter applications may be made by letter or
on a form provided by the clerk. The application shall must set forth that the voter is qualified to
vote in the election, stating the statutory reason for applying for an
emergency absent voter ballot,
and that the reason for applying after the statutory deadline occurred at such
a time to make it impossible to file an application for absent voter ballots by
the statutory deadline.
(3) Any person intentionally making a false statement in such an emergency absent voter application
is guilty of a felony. Any person aiding or abetting any person to make a false
statement on such an emergency absent voter application
is guilty of a felony.
(4) Upon receipt by the clerk of a valid application for an
emergency absent voter ballot, the clerk may deliver the ballots to the
applicant in person, through a deputy or an election assistant, or he the clerk may deliver
them at his or her office
to a person an individual named by
the applicant in the application. The voter may return the ballots to the clerk
in the sealed envelope provided therefor with the ballots in any manner he or she sees fit. To be
valid, ballots must be returned to the clerk in time to be delivered to the polls prior to absent voter counting board before 8
p.m. on election day.
Sec. 761b. (1) Beginning January 1, 2019, the The clerk of each city
or township shall be available in his or her office to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
issue and receive absent voter ballots for any combination of
at least 8 hours on the Saturday or Sunday immediately before election day.
(2) At least 30 days before the date of an election, the
clerk of each city or township shall post and notify the secretary of state of
the hours that the clerk's office will be open on the Saturday or Sunday, or
both, immediately before the election to issue and receive absent voter
ballots.
(3) Subject to the requirements for polling places in section 662, upon the
approval by resolution of the governing body of a city or township, the clerk
of that city or township may specify additional locations and hours that the
clerk will be available to issue and receive absent voter ballots. These
additional locations must allow challengers as described in section 730.
(4) At least 30 days before the date of an election, the
clerk of each city or township shall post and notify the secretary of state, if
applicable, concerning the additional locations and hours that the clerk will
be available to issue and receive absent voter ballots as provided under
subsection (3).
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
then be picked up by the clerk or an election assistant sent
by the clerk. All persons individuals 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 ballot must reach the clerk or an authorized
assistant of the clerk before the
close of the polls 8
p.m. on election day. An absent voter ballot received by the
clerk or assistant of the clerk after the close of the polls 8 p.m. on election day 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 an
individual 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 an
individual who is present and knows that a person an individual 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 an
individual 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 an
individual other than the absent voter; a person an individual listed in these instructions;
or 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,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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. 764b. (1) An
absent voter ballot must be delivered to the clerk only as authorized in the
instructions for an absent voter provided in section 764a.
(2) The clerk of a city or township may accept delivery of
absent voter ballots at any location in the city or township.
(3) The clerk of a city or township may appoint the number of
assistants necessary to accept delivery of absent voter ballots at any location
in the city or township. An appointment as assistant to accept delivery of
absent voter ballots must be for 1 election only. An assistant appointed to
receive ballots at a location other than the office of the clerk must be furnished
credentials of authority by the clerk. If an absent voter's ballot is received
by an assistant at any location other than the clerk's office the assistant,
upon request, shall exhibit the credentials to the absent voter before the
assistant accepts an absent voter ballot. An assistant, before entering upon
the discharge of duties, shall take and subscribe to the oath of office as
provided in section 1 of article XI of the state constitution of 1963. An
assistant shall perform only the duties assigned by the clerk. A person An individual must not
be appointed as an assistant to accept delivery of absent voter ballots who is
a candidate or a member of the immediate family of a candidate whose name
appears on the ballot at that election.
(4) A clerk who receives a request from an absent voter under
section 764a for assistance in returning his or her absent voter ballot shall
make arrangements to collect the ballot from the voter
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
either personally or by sending an authorized assistant, if
all of the following conditions are satisfied:
(a) The clerk's office issued the absent voter ballot to that
absent voter.
(b) Upon the clerk's request, the absent voter states that he
or she is unable to return the absent voter ballot by the other means specified
in instructions (a), (b), or (c) of Step 5 under section 764a.
(c) The absent voter telephones the appropriate clerk for
assistance on or before 5 p.m. on the Friday immediately before the election.
(d) The absent voter requests the clerk to pick up the absent
voter ballot within the jurisdictional limits of the city or township in which
the absent voter is registered.
(5) Notwithstanding subsection (4), a clerk who receives a
request from an absent voter under section 764a for assistance in returning his
or her absent voter ballot may make arrangements to collect the ballot from the
voter either personally or by sending an authorized assistant, if all of the
following conditions are satisfied:
(a) The clerk's office issued the absent voter ballot to that
absent voter.
(b) Upon the clerk's request, the absent voter states that he
or she is unable to return the absent voter ballot by the other means specified
in instructions (a), (b), or (c) of Step 5 under section 764a.
(6) The clerk shall maintain a list open to the public that
contains the names and addresses of all authorized assistants appointed under
this section who are available to collect absent
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
voter ballots on or before election day in that city or
township.
(7) An absent voter ballot received by the clerk before the close of the polls 8 p.m. on election day
must not be invalidated solely because the delivery to the clerk was not in
compliance with section 764a or this section, however the ballot must be
considered challenged and must be marked and processed as provided in section
745.
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 7 a.m. on election day or as soon after the opening of the polls 7 a.m. on election day 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 7 a.m. on election day.
(3) The city or township clerk, or authorized designee of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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 at the absent voter
counting boards to be tabulated.
(4) If a marked absent voter ballot is received by the clerk
after the close of the
polls, 8 p.m. on
election day, the clerk shall plainly mark the envelope with the
time and date of receipt and shall file the 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 at 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 at the absent voter
counting boards under this act. As soon as possible after all precincts in the city or
township are processed, the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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.
Sec. 765a. (1) If a city or township decides to
use absent voter counting boards, the The board of election commissioners of that each 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 8 p.m. 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 the 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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 8 p.m. 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 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, if the absent voter failed to sign the
envelope, or if the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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.
(7) (8) The 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.
(8) (9) An election inspector, challenger, or any other
person individual 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
the processing or tallying of votes that may come to me while
in this counting place until after the polls are closed.".8 p.m. on election day.".
(9) (10) The oaths administered under subsection (9) (8) 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 (11), an individual 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 8 p.m. on election day. 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 8 p.m. on election day is guilty of a felony.
(10) (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.
(11) (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 8 p.m. on election day. An individual
described in this subsection may enter an absent voter counting
board only for the purpose of responding to an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
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 an individual described in this subsection
must take and sign the oath prescribed in subsection (9). (8). The chairperson of the 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. A person An individual 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 8 p.m. on election day
is guilty of a felony. As used in this subsection, "local election
official" means a county, city, or township clerk.
(12) (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 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. 794. As used in sections 794 to 799a:
(a) "Audit
trail" means a record of the votes cast by each voter that can be printed,
recorded, or visually reviewed after the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
polls are closed. 8 p.m. on election day. The record shall must not
allow for the identification of the voter.
(b) "Ballot"
means a card, ballot label, paper ballot, envelope, or any medium through which
votes are recorded.
(c) "Ballot
label" means the display or material containing the names of offices and
candidates or the questions to be voted on.
(d) "Counting
center" means 1 or more locations selected by the board of election commissioners
of the city, county, township, village, or school district at which ballots are
counted by means of electronic tabulating equipment or vote totals are
electronically received from electronic tabulating equipment and electronically
compiled.
(e) "Electronic
tabulating equipment" means an apparatus that electronically examines and
counts votes recorded on ballots and tabulates the results.
(f) "Electronic
voting system" means a system in which votes are recorded and counted by
electronic tabulating equipment.
(g) "Escrow
account" means a third party approved by the secretary of state for the
purpose of taking custody of all source codes, including all revisions or
modifications of source codes.
(h)
"Memory device" means a method or device used to store electronic
data.
(i)
(h) "Source code" means the assembly language or
high level high-level language used to program the
electronic voting system.
(j)
(i) "Voting device" means an apparatus that
contains the ballot label and allows the voter to record his or her vote.
(k)
(j) "Voting station" means an enclosure provided
to ensure
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
ballot
secrecy during the voting of the ballot.
(k)
"Memory device" means a method or device used to store electronic
data.
Sec. 795. (1) An electronic voting system acquired or
used under sections 794 to 799a must meet all of the following requirements:
(a) Provide for voting in
secrecy, except in the case of voters who receive assistance as provided by
this act.
(b) Utilize a paper
ballot for tabulating purposes.
(c) Permit each elector
to vote at an election for all persons individuals and offices for whom and for
which the elector is lawfully entitled to vote; to vote for as many persons individuals for an office as the elector
is entitled to vote for; and to vote for or against any question upon which the
elector is entitled to vote. Except as otherwise provided in this subdivision,
the electronic tabulating equipment must reject all choices recorded on the
elector's ballot for an office or a question if the number of choices exceeds
the number that the elector is entitled to vote for on that office or question.
Electronic tabulating equipment that can detect that the choices recorded on an
elector's ballot for an office or a question exceeds the number that the
elector is entitled to vote for on that office or question must be located at
each polling place absent voter counting board location and
programmed to reject a ballot containing that type of an error. If a choice on a ballot is rejected
as provided in this subdivision, an elector must be given the opportunity to
have that ballot considered a spoiled ballot and to vote another ballot.
(d) Permit an elector, at
a presidential election, by a single selection to vote for the candidates of a
party for president,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
vice-president, President, Vice President, and presidential electors.
(e) Permit an elector in
a primary election to vote for the candidates in the party primary of the
elector's choice. Except as otherwise provided in this subdivision, the
electronic tabulating equipment must reject each ballot on which votes are cast
for candidates of more than 1 political party. Electronic tabulating equipment
that can detect that the elector has voted for candidates of more than 1
political party must be located at each polling place absent voter counting board and programmed to reject
a ballot containing that type of an error. If a choice on a ballot is rejected as provided in this
subdivision, an elector must be given the opportunity to have that ballot
considered a spoiled ballot and to vote another ballot.
(f) Prevent an elector
from voting for the same person individual more than once for the same
office.
(g) Reject a ballot on
which no valid vote is cast. Electronic tabulating equipment must be programmed
to reject a ballot on which no valid vote is cast.
(h) Be suitably designed
for the purpose used; be durably constructed; and be designed to provide for
safety, accuracy, and efficiency.
(i) Be designed to
accommodate the needs of an elderly voter or a person with 1 or more
disabilities.
(j) Record correctly and
count accurately each vote properly cast.
(k) Provide an audit
trail.
(l) Provide an acceptable method for an elector to vote for a person an individual whose
name does not appear on the ballot.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(m) Allow for accumulation of vote totals from the precincts
in the jurisdiction. The accumulation software must meet specifications
prescribed by the secretary of state and must be certified by the secretary of
state as meeting these specifications.
(n) Be compatible with or include at least 1 voting device
that is accessible for an individual with disabilities to vote in a manner that
provides the same opportunity for access and participation, including secrecy
and independence, as provided for other voters. The voting device must include
nonvisual accessibility for the blind and visually impaired.
(2) Electronic tabulating equipment that counts votes at the
precinct before the close of
the polls 8 p.m.
on election day must provide a method for rendering the equipment
inoperable if vote totals are revealed before the close of the polls. 8 p.m. on election day. Electronic
tabulating equipment that tabulates ballots, including absentee ballots , at a central
location must be programmed to reject a ballot if the choices recorded on an
elector's ballot for an office or a question exceed the number that the elector
is entitled to vote for on that office or question, if no valid choices are
recorded on an elector's ballot, or if, in a primary election, votes are recorded
for candidates of more than 1 political party.
(3) Each jurisdiction in this state conducting an election shall equip each polling place
with must have at
least 1 accessible voting device as required under subsection (1)(n).
Sec. 796. Sample
ballots, which shall be that are facsimile
copies of the official ballot or ballot labels, shall must be provided as required by law. At least 2 copies shall be posted
in
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
each polling place on election day. Sample ballots may
be printed on a single page or on a number of pages stapled together.
Sec. 797b. The
secretary of state shall promulgate rules pursuant to the administrative
procedures act of 1969, Act
No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the
Michigan Compiled Laws, 1969 PA 306, MCL 24.201 to 24.328, governing
the tabulation of ballots, certification of results, delivery of ballots and
certified results, and sealing of devices and ballot boxes after the polls are closed.8 p.m. on election day.
Sec. 811. All
election returns, including poll lists, statements, tally sheets, absent
voters' return envelopes bearing the statement required by section 761, absent
voters' records required by section 760, and other returns made by the
inspectors of election of the several precincts must be carefully preserved and
may be destroyed after the expiration of 2 years following the primary or
election at which the same were used. All applications executed under section 523, all voter
registration applications executed by applicants under section 497(3) and (4) , and all absent
voters' applications must be carefully preserved and may be destroyed after the
expiration of 6 years following the primary or election at which those
applications were executed. All ballots used at any primary or election may be
destroyed after 30 days following the final determination of the board of
canvassers with respect to the primary or election unless a petition for
recount has been is filed and not
completed or unless their destruction is stayed by an order of a court.
Sec. 829. (1) The
board of county canvassers shall include the results of the tabulated
provisional ballots in the canvass of the election following procedures
prescribed by the secretary of state
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
designed to maintain the secrecy of the ballot.
(2) Within 14 days after a primary or election, the county
clerk shall transmit a county provisional ballot report to the secretary of
state. The county provisional ballot report must be in a manner prescribed by
the secretary of state. After the secretary of state receives a county
provisional ballot report, the county provisional ballot report must be
immediately available for public inspection.
(3) Within 14 days after an election, the county clerk shall
transmit a county affidavit report to the secretary of state. The county affidavit report must
include the number of affidavits signed by voters under section 523(2). The
county affidavit report must be transmitted in a form prescribed by the
secretary of state. After the secretary of state receives the county affidavit
report from the county clerk, the county affidavit report must immediately be
available for public inspection.
(4) Within 14 days after an election, the secretary of state
shall transmit to the house and senate committees dealing with elections a
voter registration application report that includes the number of voter
registration applications executed by applicants under section 497(3) and (4).
Sec. 931. (1) A
person who violates 1 or more of the following subdivisions is guilty of a
misdemeanor:
(a) A person shall not, either directly or indirectly, give,
lend, or promise valuable consideration , to or for any person, as an inducement to
influence the manner of voting by a person relative to a candidate or ballot
question , or as a reward for
refraining from voting.
(b) A person shall not, either before, on, or after an
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
election, for the person's own benefit or on behalf of any
other person, receive, agree, or contract for valuable consideration for 1 or
more of the following:
(i) Voting or
agreeing to vote, or inducing or attempting to induce another to vote, at an
election.
(ii) Refraining or
agreeing to refrain, or inducing or attempting to induce another to refrain,
from voting at an election.
(iii) Doing anything
prohibited by this act.
(iv) Both distributing
absent voter ballot applications to voters and receiving signed applications
from voters for delivery to the appropriate clerk or assistant of the clerk.
This subparagraph does not apply to an authorized election official.
(c) A person shall not solicit any valuable consideration
from a candidate for nomination for, or election to, an office described in
this act. This subdivision does not apply to requests for contributions of
money by or to an authorized representative of the political party committee of
the organization to which the candidate belongs. This subdivision does not
apply to a regular business transaction between a candidate and any other
person that is not intended for, or connected with, the securing of votes or
the influencing of voters in connection with the nomination or election.
(d) A person shall not, either directly or indirectly,
discharge or threaten to discharge an employee of the person for the purpose of
influencing the employee's vote at an election.
(e) A priest, pastor, curate, or other officer of a religious
society shall not for the purpose of influencing a voter at an election, impose
or threaten to impose upon the voter a penalty of
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
excommunication, dismissal, or expulsion, or command or
advise the voter, under pain of religious disapproval.
(f) A person shall not hire a motor vehicle or other
conveyance or cause the same to be done, for conveying voters, other than
voters physically unable to walk, to an election.
(g) In a city, township, village, or school district that has
a board of election commissioners authorized to appoint inspectors of election,
an inspector of election, a clerk, or other election official who accepts an
appointment as an inspector of election shall not fail to report at the polling place designated on
election morning at the time specified by the board of election commissioners,
unless excused as provided in this subdivision. A person who violates this
subdivision is guilty of a misdemeanor , punishable by a fine of not more than
$10.00 or imprisonment for not more than 10 days, or both. An inspector of
election, clerk, or other election official who accepts an appointment as an
inspector of election is excused for failing to report at the polling place on
election day and is not subject to a fine or imprisonment under this
subdivision if 1 or more of the following requirements are met:
(i) The inspector of
election, clerk, or other election official notifies the board of election
commissioners or other officers in charge of elections of his or her inability
to serve at the time and place specified, 3 days or more before the election.
(ii) The inspector of
election, clerk, or other election official is excused from duty by the board
of election commissioners or other officers in charge of elections for cause
shown.
(h) A person shall not willfully fail to perform a duty
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
imposed upon that person by this act, or disobey a lawful
instruction or order of the secretary of state as chief state election officer
or of a board of county election commissioners, board of city election
commissioners, or board of inspectors of election.
(i) A delegate or member of a convention shall not solicit a
candidate for nomination before the convention for money, reward, position,
place, preferment, or other valuable consideration in return for support by the
delegate or member in the convention. A candidate or other person shall not
promise or give to a delegate money, reward, position, place, preferment, or
other valuable consideration in return for support by or vote of the delegate
in the convention.
(j) A person elected to the office of delegate to a
convention shall not accept or receive any money or other valuable
consideration for his or her vote as a delegate.
(k) A person shall not, while the polls are open on an
election day, solicit votes in a polling place or within 100 feet from an
entrance to the building in which a polling place is located.
(k) (l) A person shall not
keep a room or building for the purpose, in whole or in part, of recording or
registering bets or wagers, or of selling pools upon the result of a political
nomination, appointment, or election. A person shall not wager property, money,
or thing of value, or be the custodian of money, property, or thing of value,
staked, wagered, or pledged upon the result of a political nomination,
appointment, or election.
(l) (m) A person shall not participate in a meeting or
a portion of a meeting of more than 2 persons, other than the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
person's immediate family, at which an absent voter ballot is
voted.
(m) (n) A person, other than an authorized election
official, shall not, either directly or indirectly, give, lend, or promise any
valuable consideration to or for a person to induce that person to both
distribute absent voter ballot applications to voters and receive signed absent
voter ballot applications from voters for delivery to the appropriate clerk.
(2) A person who violates a provision of this act for which a
penalty is not otherwise specifically provided in this act , is guilty of a
misdemeanor.
(3) A person or a person's agent who knowingly makes,
publishes, disseminates, circulates, or places before the public, or knowingly
causes directly or indirectly to be made, published, disseminated, circulated,
or placed before the public, in this state, either orally or in writing, an
assertion, representation, or statement of fact concerning a candidate for
public office at an election in this state, that is false, deceptive,
scurrilous, or malicious, without the true name of the author being subscribed
to the assertion, representation, or statement if written, or announced if
unwritten, is guilty of a misdemeanor.
(4) As used in this section, "valuable
consideration" includes, but is not limited to, money, property, a gift, a
prize or chance for a prize, a fee, a loan, an office, a position, an
appointment, or employment.
Sec. 932. A person
who violates 1 or more of the following subdivisions is guilty of a felony:
(a) A person shall not attempt, by means of bribery, menace,
or other corrupt means or device, either directly or indirectly, to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
influence an elector in giving his or her vote, or to deter
the elector from, or interrupt the elector in giving his or her vote at any
election held in this state.
(b) A person not duly authorized by law shall not, during the
progress of any election or after the closing of the polls 8 p.m. on election day and
before the final results of the election have been ascertained, break open or
violate the seals or locks of any ballot box or voting machine used or in use
at that election. A person shall not willfully damage or destroy any ballot box
or voting machine. A person shall not obtain undue possession of that ballot
box or voting machine. A person shall not conceal, withhold, or destroy a
ballot box or voting machine, or fraudulently or forcibly add to or diminish
the number of ballots legally deposited in the box or the totals on the voting
machine. A person shall not aid or abet in any act prohibited by this subdivision.
(c) An inspector of election, clerk, or other officer or
person having custody of any record, election list of voters, affidavit,
return, statement of votes, certificates, poll book, or of any paper, document,
or vote of any description, which pursuant to under this act is directed to be made, filed,
or preserved, shall not willfully destroy, mutilate, deface, falsify, or
fraudulently remove or secrete any or all of those items, in whole or in part,
or fraudulently make any entry, erasure, or alteration on any or all of those
items, or permit any other person to do so.
(d) A person shall neither disclose to any other person the
name of any candidate voted for by any elector, the contents of whose ballots
were seen by the person, nor in any manner obstruct or attempt to obstruct any
elector in the exercise of his or her duties as an elector under this act.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
(e) A person who is not involved in the counting of ballots
as provided by law and who has possession of an absent voter ballot mailed or
delivered to another person shall not do any of the following:
(i) Open the envelope
containing the ballot.
(ii) Make any marking
on the ballot.
(iii) Alter the ballot
in any way.
(iv) Substitute
another ballot for the absent voter ballot that the person possesses.
(f) A person other than an absent voter; 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; a clerk or
assistant of the clerk; a member of the immediate family of the absent voter
including 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 absent voter's household shall not do any of the following:
(i) Possess an absent
voter ballot mailed or delivered to another person, regardless of whether the
ballot has been voted.
(ii) Return, solicit
to return, or agree to return an absent voter ballot to the clerk of a city,
township, village, or school district.
(g) A person who assists an absent voter who is disabled or
otherwise unable to mark the ballot shall only render his or her assistance by
showing the absent voter how to vote the ballot as the absent voter desires or
by marking the ballot as directed by the absent voter. A person who assists an
absent voter who is disabled or otherwise unable to mark the ballot shall not
suggest
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
or in any manner attempt to influence the absent voter on how
he or she should vote or allow any other person to do so.
(h) A person present while an absent voter is voting an absent voter ballot shall
not suggest or in any manner attempt to influence the absent voter on how he or
she should vote.
(i) A person shall not plan or organize a meeting at which
absent voter ballots are to be voted.
Enacting section 1. Sections 346, 507, 523, 523a, 575, 577, 663, 664, 668a, 675, 709, 717, 722, 724, 726, 729, 736, 736a, 738, 740, 742, 743, 744, 744a, 746, 749, 762, 769, 797, 797a, 801, 813, and 932e of the Michigan election law, 1954 PA 116, MCL 168.346, 168.507, 168.523, 168.523a, 168.575, 168.577, 168.663, 168.664, 168.668a, 168.675, 168.709, 168.717, 168.722, 168.724, 168.726, 168.729, 168.736, 168.736a, 168.738, 168.740, 168.742, 168.743, 168.744, 168.744a, 168.746, 168.749, 168.762, 168.769, 168.797, 168.797a, 168.801, 168.813, and 168.932e, are repealed.