House Introduced Bill 5116

HOUSE BILL No. 5116


     October 2, 2001, Introduced by Rep. Quarles and referred to the Committee on Redistricting and Elections.


        A bill to amend 1954 PA 116, entitled

   "Michigan election law,"

   by amending sections 523 and 744 (MCL 168.523 and 168.744), sec-

   tion 523 as amended by 1996 PA 583 and section 744 as amended by

   1995 PA 261.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 523.  (1) At each election, before being given a

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      ballot, each registered elector offering to vote shall identify

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      himself or herself by  presenting an official state identifica-

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      tion card issued to that individual pursuant to Act No. 222 of

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      the Public Acts of 1972, being sections 28.291 to 28.295 of the

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      Michigan Compiled Laws, an operator's or chauffeur's license

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      issued to that individual pursuant to the Michigan vehicle code,

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      Act No. 300 of the Public Acts of 1949, being sections 257.1 to

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      257.923 of the Michigan Compiled Laws, or other generally


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      recognized picture identification card and by  executing an

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      application showing his or her signature or mark and address of

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      residence in the presence of an election official.  If the voter

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      registration cards are used in the precinct, the election offi-

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      cial in charge of the precinct registration file shall compare

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      the signature upon the application with the signature upon the

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      registration card.  If voter registration lists are used in the

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      precinct, the election  inspector  OFFICIAL shall determine if

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      the name on the application to vote appears on the voter regis-

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      tration list.  If the name appears on the voter registration

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      list, the elector shall provide further identification by giving

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      his or her date of birth or other information stated upon the

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      voter registration list.  In precincts using voter registration

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      lists, the date of birth may be required to be placed on the

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      application to vote.  If the signature or an item of information

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      does not correspond, the vote of the person shall be challenged

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       , and the same procedure shall be followed  as provided  in this

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      act for the challenging of an elector  UNDER SECTION 727.  If the

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      person offering to vote has signed the registration card or

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      application by making a mark, the person shall identify himself

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      or herself by giving his or her date of birth, which shall be

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      compared with the date of birth stated upon the registration card

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      or voter registration list, or shall give other identification

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       as may be  THAT IS referred to upon the registration card or

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      voter registration list.   If the elector does not have an offi-

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      cial state identification card, operator's or chauffeur's license

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      as required in this subsection, or other generally recognized



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      picture identification card, the individual shall sign an

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      affidavit to that effect before an election inspector and be

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      allowed to vote as otherwise provided in this act.  However, an

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      elector being allowed to vote without the identification required

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      under this subsection is subject to challenge as provided in sec-

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      tion 727.

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           (2) If, upon a comparison of the signature or other identi-

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      fication, it is found that the applicant is entitled to vote, the

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      election  officer having  OFFICIAL IN charge of the registration

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      list shall approve the application,  and  write his or her ini-

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      tials on the application,  after which  AND NOTE ON THE

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      APPLICATION the number on the ballot issued  shall be noted on

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      the application  TO THE ELECTOR.  The application shall serve as

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      1 of the 2 poll lists required to be kept as a record of a person

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      who has voted.  The application shall be filed with the township,

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      city, or village clerk.  If voter registration cards are used in

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      the precinct, the date of the election shall be noted by 1 of the

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      election officials upon the precinct registration card of each

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      elector voting at an election.  If voter registration lists are

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      used in the precinct, the election official shall clearly indi-

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      cate upon the list each elector voting at that election.  The

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      clerk of a city, village, or township shall maintain a record of

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      voting participation for each registered elector.

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           Sec. 744.  (1) An election inspector or  any  other 
   person

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      INDIVIDUAL in the polling  room or  PLACE, in a compartment con-

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      nected to the polling  room  PLACE, or within 100 feet from 
   any

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      AN entrance to the building in which the polling place is located



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      shall not persuade or endeavor to persuade  a person  AN

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      INDIVIDUAL to vote for or against  any  A particular candidate or

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      party ticket, or for or against  any  A ballot question that is

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      being voted on at the election.   A person  AN INDIVIDUAL shall

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      not place or distribute stickers, other than stickers provided by

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      the election officials  pursuant to law  UNDER THIS ACT, in the

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      polling  room  PLACE or in a compartment connected to the polling

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       room  PLACE or within 100 feet from  any  AN entrance to the

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      building in which the polling place is located.

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           (2) A person shall not solicit donations, gifts, contribu-

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      tions, purchase of tickets, or similar demands, or request or

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      obtain signatures on petitions in the polling  room or  PLACE, in

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      a compartment connected to the polling  room  PLACE, or within

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      100 feet from  any  AN entrance to the building in which the

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      polling place is located.

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           (3) On election day, a person shall not post, display, or

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      distribute in a polling place, in  any  A hallway used by voters

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      to enter or exit a polling place, or within 100 feet of an

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      entrance to a building in which a polling place is located  any

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      material that directly or indirectly makes reference to an elec-

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      tion, a candidate, or a ballot question.  This subsection does

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      not apply to official material that is required by law to be

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      posted, displayed, or distributed in a polling place on election

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      day.

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           (4) AN ELECTION INSPECTOR OR OTHER INDIVIDUAL IN THE POLLING

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      PLACE OR WITHIN 100 FEET FROM AN ENTRANCE TO THE BUILDING IN

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      WHICH THE POLLING PLACE IS LOCATED SHALL NOT ASK AN ELECTOR TO



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      PRODUCE AN OPERATOR'S LICENSE, CHAUFFEUR'S LICENSE, OR OTHER

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      PICTURE IDENTIFICATION CARD AND SHALL NOT ASK AN ELECTOR THE FOL-

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      LOWING QUESTIONS:

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           (A) IF THE ELECTOR OWES BACK CHILD SUPPORT.

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           (B) IF THE ELECTOR HAS AN OUTSTANDING WARRANT FOR HIS OR HER

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      ARREST.

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           (C) IF THE ELECTOR HAS BEEN CONVICTED OF A FELONY.

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           (5)  (4)  A person who violates this section is guilty of a

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      misdemeanor.






































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