SENATE BILL NO. 41 January 26, 1999, Introduced by Senator A. SMITH and referred to the Committee on Government Operations. A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 726 (MCL 168.726) and by adding sections 750a and 750b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 726.No ballotsA BALLOT shall NOT be delivered to 2 an elector byanyA person other than 1 of the inspectors of 3 election and only within the polling place, except as provided in 4 this act for absentvoters'VOTER ballots AND ELECTION BY MAIL 5 BALLOTS. 6 SEC. 750A. (1) SUBJECT TO THIS SECTION AND SECTION 750B, A 7 CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF A SCHOOL 8 DISTRICT MAY CONDUCT A LOCAL ELECTION BY MAIL IN THE CITY, 9 TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT, UNDER THE SUPERVISION OF 10 THE SECRETARY OF STATE. IN DECIDING TO CONDUCT A LOCAL ELECTION 00434'99 KKR 2 1 BY MAIL, A CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF A 2 SCHOOL DISTRICT SHALL CONSIDER REQUESTS FROM THE GOVERNING BODY 3 OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT AND WHETHER 4 CONDUCTING THE ELECTION BY MAIL IS ECONOMICALLY AND ADMINISTRA- 5 TIVELY FEASIBLE. 6 (2) THE AUGUST PRIMARY HELD PURSUANT TO SECTION 534, THE 7 GENERAL NOVEMBER ELECTION, AND ANY OTHER ELECTION IN WHICH A CAN- 8 DIDATE FOR STATEWIDE OFFICE, JUDICIAL OFFICE, LEGISLATIVE OFFICE, 9 OR COUNTYWIDE OFFICE IS NOMINATED OR ELECTED SHALL BE CONDUCTED 10 AS AN ELECTION BY MAIL. 11 (3) NOT LATER THAN JANUARY 21, 2000, A CITY, TOWNSHIP, OR 12 VILLAGE CLERK OR THE SECRETARY OF A SCHOOL DISTRICT SHALL ADVISE 13 THE GOVERNING BODY OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DIS- 14 TRICT FOR WHICH THE CLERK OR SECRETARY IS THE ELECTION OFFICIAL 15 AS TO EACH LOCAL ELECTION HELD IN THAT CITY, TOWNSHIP, VILLAGE, 16 OR SCHOOL DISTRICT THAT WILL BE CONDUCTED AS AN ELECTION BY 17 MAIL. PERIODICALLY, THE CLERK OR SECRETARY MAY REVIEW ITS DECI- 18 SION OF WHETHER A LOCAL ELECTION WILL BE CONDUCTED AS AN ELECTION 19 BY MAIL. IF AN EARLIER DECISION TO CONDUCT OR NOT CONDUCT A 20 LOCAL ELECTION AS AN ELECTION BY MAIL IS CHANGED, THE CLERK OR 21 SECRETARY SHALL NOTIFY THE GOVERNING BODY OF THE CITY, TOWNSHIP, 22 VILLAGE, OR SCHOOL DISTRICT NOT LATER THAN THE THIRD TUESDAY IN 23 JANUARY OF THE YEAR IN WHICH THE ELECTION IS TO BE HELD OF THAT 24 CHANGE. THIS SUBSECTION DOES NOT APPLY TO AN ELECTION REQUIRED 25 TO BE HELD AS AN ELECTION BY MAIL UNDER SUBSECTION (2). 00434'99 3 1 (4) THE SECRETARY OF STATE SHALL PROMULGATE RULES IN THE 2 MANNER PRESCRIBED IN THIS ACT TO PROVIDE PROCEDURES FOR 3 CONDUCTING AN ELECTION BY MAIL. 4 SEC. 750B. (1) A CITY, TOWNSHIP, OR VILLAGE CLERK OR A SEC- 5 RETARY OF A SCHOOL DISTRICT THAT CONDUCTS AN ELECTION BY MAIL 6 PURSUANT TO SECTION 750A SHALL CONDUCT THE ELECTION BY MAIL AS 7 PROVIDED IN THIS SECTION. 8 (2) THE CLERK OR SECRETARY SHALL DESIGNATE 1 OR MORE PLACES 9 OF DEPOSIT IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT FOR 10 VOTERS TO RETURN VOTED BALLOTS FOR THE ELECTION BY MAIL. THE 11 CLERK OR SECRETARY SHALL PROVIDE THAT THE PLACES DESIGNATED FOR 12 THE DEPOSIT OF VOTED BALLOTS IN THE CITY, TOWNSHIP, VILLAGE, OR 13 SCHOOL DISTRICT BE OPEN ON THE DATE OF THE ELECTION FOR A PERIOD 14 OF 13 HOURS OR MORE, BEGINNING NO LATER THAN 7 A.M. AND ENDING NO 15 EARLIER THAN 8 P.M., AS DETERMINED BY THE CLERK OR SECRETARY. 16 (3) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR THE SECRETARY OF 17 A SCHOOL DISTRICT SHALL SEND BY NONFORWARDABLE MAIL AN OFFICIAL 18 BALLOT WITH A PRE-ADDRESSED, POSTAGE PAID RETURN IDENTIFICATION 19 ENVELOPE AND A SECRECY ENVELOPE TO EACH VOTER WHO IS REGISTERED 20 IN THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DISTRICT AS OF THE 21 THIRTIETH DAY BEFORE THE DATE OF THE ELECTION BY MAIL. THE CLERK 22 OR SECRETARY SHALL ADDRESS THE BALLOT TO THE REGISTERED VOTER AS 23 THAT VOTER'S NAME APPEARS ON THE REGISTRATION RECORDS OF THAT 24 VOTER. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE 25 CLERK OR SECRETARY SHALL MAIL THE OFFICIAL BALLOTS AND ENVELOPES 26 DURING THE PERIOD BEGINNING ON THE TWENTIETH DAY BEFORE THE DATE 27 OF THE ELECTION BY MAIL AND ENDING ON THE FOURTEENTH DAY BEFORE 00434'99 4 1 THE DATE OF THE ELECTION BY MAIL. FOR A STATEWIDE ELECTION BY 2 MAIL, THE SECRETARY OF STATE SHALL PRESCRIBE IN RULES PROMULGATED 3 PURSUANT TO SECTION 750A(4) THE DATE ON WHICH THE OFFICIAL BAL- 4 LOTS AND ENVELOPES FOR THE STATEWIDE ELECTION BY MAIL ARE TO BE 5 MAILED BY A CLERK OR SECRETARY UNDER THIS SUBSECTION. HOWEVER, 6 THE SECRETARY OF STATE SHALL PROVIDE IN THOSE RULES THAT ALL BAL- 7 LOTS SHALL BE MAILED BY THE FOURTEENTH DAY BEFORE THE DATE OF THE 8 ELECTION BY MAIL. 9 (4) FOR A PRIMARY ELECTION, THE ELECTION BY MAIL BALLOT 10 SHALL CONTAIN A SECTION FOR THE SELECTION OF CANDIDATES FROM EACH 11 POLITICAL PARTY THAT IS PARTICIPATING IN THE PRIMARY ELECTION. 12 THE INSTRUCTIONS ACCOMPANYING THE PRIMARY ELECTION BY MAIL BAL- 13 LOTS SHALL STATE CLEARLY THAT THE VOTER MAY VOTE FOR THE APPRO- 14 PRIATE NUMBER OF CANDIDATES OF 1 PARTY ONLY AND THAT A PRIMARY 15 BALLOT ON WHICH CANDIDATES FROM MORE THAN 1 PARTY ARE SELECTED 16 WILL NOT BE COUNTED. 17 (5) FOR AN ELECTOR WHO HAS APPLIED TO REGISTER TO VOTE ON OR 18 BEFORE THE CLOSE OF REGISTRATION AND IS NOT LISTED IN THE REGIS- 19 TRATION RECORDS OF THE CITY, TOWNSHIP, VILLAGE, OR SCHOOL DIS- 20 TRICT, THE CLERK OR SECRETARY SHALL PROCEED AS PRESCRIBED IN SEC- 21 TION 509Y. IF THE ELECTOR MEETS THE REQUIREMENTS OF SECTION 22 509Y, THE CLERK OR SECRETARY SHALL MAKE THE OFFICIAL BALLOT, THE 23 RETURN IDENTIFICATION ENVELOPE, AND THE SECRECY ENVELOPE AVAIL- 24 ABLE AT THE CLERK'S OR SECRETARY'S OFFICE OR OTHER PLACE DESIG- 25 NATED BY THE CLERK OR SECRETARY. THE ELECTOR WHO RECEIVES THE 26 OFFICIAL BALLOTS AND ENVELOPES UNDER THIS SUBSECTION SHALL DO ALL 27 OF THE FOLLOWING: 00434'99 5 1 (A) VOTE AT THE ELECTION IN THE CLERK'S OR SECRETARY'S 2 OFFICE OR OTHER PLACE DESIGNATED BY THE CLERK OR SECRETARY OR 3 VOTE BY MAIL. 4 (B) MARK THE BALLOT, SIGN THE RETURN IDENTIFICATION 5 ENVELOPE, AND COMPLY WITH THE INSTRUCTIONS PROVIDED WITH THE 6 BALLOT. 7 (C) RETURN THE BALLOT IN THE RETURN IDENTIFICATION ENVELOPE 8 TO THE CLERK OR SECRETARY. 9 (6) A BALLOT OR BALLOT LABEL USED IN AN ELECTION BY MAIL 10 SHALL CONTAIN THE FOLLOWING WARNING: 11 "A PERSON WHO, BY USE OF FORCE OR OTHER MEANS, UNDULY INFLU- 12 ENCES AN ELECTOR TO VOTE IN A PARTICULAR MANNER OR TO REFRAIN 13 FROM VOTING IS SUBJECT TO IMPRISONMENT OR TO A FINE, OR BOTH.". 14 (7) IN ORDER TO VOTE AN ELECTION BY MAIL BALLOT RECEIVED 15 UNDER SUBSECTION (3), A REGISTERED VOTER SHALL MARK THE BALLOT, 16 SIGN THE RETURN IDENTIFICATION ENVELOPE SUPPLIED WITH THE BALLOT, 17 AND COMPLY WITH THE INSTRUCTIONS PROVIDED WITH THE BALLOT. THE 18 VOTER MAY RETURN THE MARKED BALLOT TO THE APPROPRIATE CITY, TOWN- 19 SHIP, OR VILLAGE CLERK OR SECRETARY OF A SCHOOL DISTRICT BY 20 DEPOSITING IT IN THE UNITED STATES MAIL OR WITH ANOTHER PUBLIC 21 POSTAL SERVICE, EXPRESS MAIL SERVICE, PARCEL POST SERVICE, OR 22 COMMON CARRIER. THE VOTER MAY RETURN THE MARKED BALLOT TO THE 23 APPROPRIATE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF A 24 SCHOOL DISTRICT BY DEPOSITING IT AT THE OFFICE OF THE CLERK OR 25 SECRETARY OR OTHER PLACE OF DEPOSIT DESIGNATED BY THE CLERK OR 26 SECRETARY. THE VOTER SHALL RETURN THE BALLOT IN THE RETURN 27 IDENTIFICATION ENVELOPE SUPPLIED WITH THE BALLOT OR THE BALLOT 00434'99 6 1 WILL NOT BE COUNTED. AN ELECTION BY MAIL BALLOT MUST BE RECEIVED 2 AT THE OFFICE OF THE APPROPRIATE CLERK OR SECRETARY OR OTHER 3 PLACE OF DEPOSIT DESIGNATED BY THE CLERK OR SECRETARY NOT LATER 4 THAN THE END OF THE PERIOD DETERMINED UNDER SUBSECTION (2) ON THE 5 DATE OF THE ELECTION. 6 (8) A VOTER MAY OBTAIN A REPLACEMENT ELECTION BY MAIL BALLOT 7 IF THE BALLOT IS DESTROYED, SPOILED, LOST, OR NOT RECEIVED BY THE 8 VOTER. A VOTER WHO SEEKS A REPLACEMENT BALLOT SHALL SIGN A SWORN 9 STATEMENT THAT THE BALLOT WAS DESTROYED, SPOILED, LOST, OR NOT 10 RECEIVED BY THE VOTER TO THE APPROPRIATE CLERK OR SECRETARY 11 BEFORE THE END OF THE PERIOD DETERMINED UNDER SUBSECTION (2). 12 THE CLERK OR SECRETARY SHALL KEEP A RECORD OF EACH REPLACEMENT 13 ELECTION BY MAIL BALLOT PROVIDED UNDER THIS SUBSECTION. THE 14 CLERK OR SECRETARY SHALL DESIGNATE THE CLERK'S OR SECRETARY'S 15 OFFICE OR A CENTRAL LOCATION IN THE CITY, TOWNSHIP, VILLAGE, OR 16 SCHOOL DISTRICT IN WHICH THE ELECTION IS HELD AS THE SINGLE PLACE 17 TO OBTAIN A REPLACEMENT ELECTION BY MAIL BALLOT UNDER THIS 18 SUBSECTION. NOTWITHSTANDING SUBSECTION (3), A CLERK OR SECRETARY 19 MAY MAIL REPLACEMENT BALLOTS 5 DAYS OR MORE BEFORE THE DATE OF 20 THE ELECTION BY MAIL. THE CLERK OR SECRETARY MAY DELIVER IN 21 PERSON TO A REGISTERED VOTER A REPLACEMENT BALLOT UP UNTIL AND 22 INCLUDING THE DATE OF THE ELECTION BY MAIL. 23 (9) ELECTION OFFICIALS SHALL COUNT AN ELECTION BY MAIL 24 BALLOT ONLY IF THAT BALLOT MEETS ALL OF THE FOLLOWING 25 REQUIREMENTS: 26 (A) THE BALLOT IS RETURNED IN THE RETURN IDENTIFICATION 27 ENVELOPE. 00434'99 7 1 (B) THE RETURN IDENTIFICATION ENVELOPE IS SIGNED BY THE 2 VOTER TO WHOM THE BALLOT WAS ISSUED. 3 (C) THE SIGNATURE IS VERIFIED AS PROVIDED IN SUBSECTION 4 (10). 5 (10) THE CITY, TOWNSHIP, OR VILLAGE CLERK OR SECRETARY OF A 6 SCHOOL DISTRICT SHALL VERIFY THE SIGNATURE OF EACH VOTER ON THE 7 RETURN IDENTIFICATION ENVELOPE WITH THE SIGNATURE OF THE VOTER ON 8 THE VOTER'S REGISTRATION CARD, ACCORDING TO THE PROCEDURES PRE- 9 SCRIBED IN THIS ACT AND RULES PROMULGATED BY THE SECRETARY OF 10 STATE. 11 (11) IF THE CLERK, SECRETARY, OR OTHER ELECTION OFFICIAL 12 DETERMINES THAT A VOTER TO WHOM A REPLACEMENT ELECTION BY MAIL 13 BALLOT HAS BEEN ISSUED HAS VOTED MORE THAN ONCE, AN ELECTION 14 OFFICIAL SHALL NOT COUNT ANY BALLOT CAST BY THAT VOTER. A PERSON 15 WHO KNOWINGLY VOTES AT AN ELECTION BY MAIL BY MEANS OF BOTH AN 16 ORIGINAL BALLOT AND A REPLACEMENT BALLOT OR A PERSON WHO KNOW- 17 INGLY ATTEMPTS TO VOTE BY MEANS OF BOTH AN ORIGINAL BALLOT AND A 18 REPLACEMENT BALLOT IS GUILTY OF A FELONY. A CLERK, SECRETARY, OR 19 OTHER ELECTION OFFICIAL WHO BECOMES AWARE OF A PERSON WHO VOTES 20 OR ATTEMPTS TO VOTE BY MEANS OF BOTH AN ORIGINAL BALLOT AND A 21 REPLACEMENT BALLOT SHALL REPORT THAT INFORMATION TO THE PROSECUT- 22 ING ATTORNEY FOR THAT COUNTY AND TO THE SECRETARY OF STATE. 23 (12) AN ELECTION BY MAIL BALLOT OR A VOTER CASTING A BALLOT 24 AT AN ELECTION BY MAIL, OR BOTH, IS SUBJECT TO CHALLENGE AS PRE- 25 SCRIBED IN THIS ACT. 26 (13) A PERSON WHO, BY USE OF FORCE OR OTHER MEANS, UNDULY 27 INFLUENCES A VOTER TO VOTE IN A PARTICULAR MANNER OR TO REFRAIN 00434'99 8 1 FROM VOTING IN AN ELECTION BY MAIL HELD PURSUANT TO THIS SECTION 2 IS GUILTY OF A FELONY. 00434'99 Final page. KKR