SENATE BILL No. 1461

September 26, 2002, Introduced by Senator BYRUM and referred to the Committee on Government

Operations.

A bill to amend 1954 PA 116, entitled

"Michigan election law,"

by amending sections 497, 499, 504, 509n, 509o, 509p, 509q, 509r,

509s, 509t, 509u, 509v, 509w, 509x, and 509y (MCL 168.497,

168.499, 168.504, 168.509n, 168.509o, 168.509p, 168.509q,

168.509r, 168.509s, 168.509t, 168.509u, 168.509v, 168.509w,

168.509x, and 168.509y), section 497 as amended by 1989 PA 142,

section 499 as amended by 1995 PA 213, sections 504 and 509t as

amended by 1998 PA 21, section 509n as amended by 1999 PA 216,

and sections 509o, 509p, 509q, 509r, 509s, 509u, 509v, 509w,

509x, and 509y as added by 1994 PA 44.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 497. (1) A person who is not registered but possesses

2 the qualifications of an elector as set forth in section 492 ,

3 may apply for registration to the clerk of the county, township,

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1 city, or village in which he or she resides on a day other than

2 Saturday, Sunday, a legal holiday, or the day of a regular, pri-

3 mary, school, or special election. Registrations accepted

4 between the thirtieth day preceding an election and the day of

5 the election, unless the thirtieth day falls on a Saturday,

6 Sunday, or legal holiday, in which event registration shall be

7 accepted during the following day, are not valid for the election

8 but are valid for subsequent regular, primary, school, or special

9 elections that are held so that not less than 30 days intervene

10 between the date the person registered and the date of the

11 election.

12 (2) Except as otherwise provided in sections 499a to 499c

13 499, 500a to 500j, and 504, 509o, AND 509V, an application for

14 registration shall not be executed at a place other than the

15 office of the county, township, city, or village clerk or a

16 public place or places designated by the clerk or deputy regis-

17 trar for receiving registrations, but the clerk or deputy regis-

18 trar may receive an application wherever he or she may be. If a

19 county, township, city, or village clerk does not regularly keep

20 his or her office open daily during certain hours, the clerk

21 shall not be required to be at his or her office for the purpose

22 of receiving applications for registration on a particular day

23 nor during specific hours of a day, except as provided in section

24 498. Registrations taken after the time of closing registrations

25 before an election need not be processed until the date immedi-

26 ately following that election. A registration shall not be

27 placed in a precinct registration file until the date immediately

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1 following that election. If a person registers at a time that

2 registrations are closed for an election, the person shall be

3 given a notice, signed by the clerk, on a form developed by the

4 secretary of state, informing him or her that he or she is not

5 eligible to vote in the election and indicating the first date on

6 which he or she is eligible to vote. Except as provided in sec-

7 tions 500a to 500j, the provisions of this section relating to

8 registration shall apply.

9 Sec. 499. (1) An elector entitled to registration in an

10 election precinct may become registered in the precinct by

11 applying DOING EITHER OF THE FOLLOWING:

12 (A) APPLYING in person and signing the registration applica-

13 tion before the clerk or assistant clerk of the township, city,

14 or village in which the precinct is located. For the per-

15 formance of his or her duties under this act, each

16 (B) ACCESSING THE SECRETARY OF STATE WEBSITE CREATED UNDER

17 SECTION 509o AND COMPLETING THE ONLINE REGISTRATION APPLICATION.

18 (2) EACH clerk and assistant clerk has the power to MAY

19 administer oaths and to swear persons as to the truth of state-

20 ments contained in an THE REGISTRATION application. For a

21 better examination of the applicant, a clerk may employ and swear

22 an interpreter to interpret all questions put to applicants and

23 the answers to those questions. If the applicant, in answer to a

24 question or in the registration application, makes a material

25 statement that is false, the applicant is guilty of a

26 misdemeanor.

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1 (3) (2) A clerk or assistant clerk shall not accept a fee

2 from an elector applying for registration, either for the

3 registering of the elector or for the taking of the acknowledg-

4 ment on the application. A person who violates this subsection

5 is guilty of a misdemeanor.

6 (4) (3) The clerk, immediately after receiving the regis-

7 tration or change of address of an elector, shall prepare a voter

8 identification card for the elector. The clerk shall also pre-

9 pare and send a corrected voter identification card to an elector

10 affected by a change in United States representative, state sena-

11 torial, state representative, or county commissioner district or

12 precinct. Unless otherwise required under the provisions of this

13 subsection, a clerk is not required to prepare and send a cor-

14 rected voter identification card to an elector who made a decla-

15 ration of party preference or no party preference as previously

16 provided under this act. The clerk shall forward by first-class

17 mail the identification card to the elector at the elector's reg-

18 istration address. The identification card shall contain the

19 name and address of the registrant and the United States repre-

20 sentative, state senatorial, state representative, or county com-

21 missioner district and precinct in which the registrant is an

22 elector. Except as provided in section 500c, if the original

23 identification card is returned to the clerk by the post office,

24 the clerk shall accept this as information that the elector has

25 moved and the clerk shall proceed in conformity with section

26 509aa.

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1 Sec. 504. (1) An elector who is unable to apply for

2 registration in person because of physical disability or absence

3 from the township, city, or village in which his or her legal

4 residence is located may be registered before the close of regis-

5 tration before any election or primary election by securing

6 DOING EITHER OF THE FOLLOWING:

7 (A) SECURING duplicate registration cards from the clerk of

8 the township, city, or village in which his or her THE

9 ELECTOR'S legal residence is located, executing in duplicate the

10 registration affidavit before a notary public or other officer

11 legally authorized to administer oaths, and returning the regis-

12 tration cards to the clerk of the township, city, or village

13 before the close of office hours on the last day of registration

14 before any election or primary election. The notary public or

15 other officer administering the oath shall sign his or her name

16 on the line for the signature of the registration officer and

17 designate his or her title.

18 (B) ACCESSING THE SECRETARY OF STATE WEBSITE CREATED UNDER

19 SECTION 509o AND COMPLETING THE ONLINE REGISTRATION APPLICATION.

20 (2) The notarization requirements of this section do not

21 apply to an elector who lives or is stationed in a foreign coun-

22 try or who has IS A PERSON WITH a disability as defined in

23 section 103 of the persons with disabilities civil rights act,

24 1976 PA 220, MCL 37.1103.

25 Sec. 509n. The secretary of state is responsible for the

26 coordination of the requirements imposed under this chapter and

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1 the national voter registration act of 1993. The secretary of

2 state shall do all of the following:

3 (a) Develop a mail registration form and make the form

4 available for distribution through governmental and private enti-

5 ties, with special emphasis on making the form available to voter

6 registration programs established for the purpose of registering

7 citizens of this state to vote.

8 (B) DEVELOP AN INTERNET REGISTRATION FORM AND MAKE THE FORM

9 AVAILABLE TO THE PUBLIC THROUGH THE SECRETARY OF STATE WEBSITE

10 CREATED UNDER SECTION 509o.

11 (C) (b) Instruct designated voter registration agencies;

12 county, city, township, and village clerks; and school officials

13 regarding the voter registration procedures and requirements

14 imposed by law.

15 (D) (c) By June 15 of each odd numbered year, submit to

16 each member of the committees of the senate and house of repre-

17 sentatives with primary responsibility for election matters a

18 report on the qualified voter file. The report shall include,

19 but need IS not be limited to, both of the following:

20 (i) Information on the efficiency and effectiveness of the

21 qualified voter file as a voter registration system.

22 (ii) INFORMATION ON THE EFFICIENCY AND EFFECTIVENESS OF THE

23 WEBSITE PROVIDING ACCESS TO THE QUALIFIED VOTER FILE AS A VOTER

24 REGISTRATION SYSTEM.

25 (iii) (ii) Any recommendations of the secretary of state

26 for amendments to this act to increase the efficiency and

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1 effectiveness of the qualified voter file as a voter registration

2 system.

3 Sec. 509o. (1) The secretary of state shall direct and

4 supervise the establishment and maintenance of a statewide

5 qualified voter file. The secretary of state shall establish

6 the technology to implement the qualified voter file on or before

7 January 1, 1997. The qualified voter file shall be IS the

8 official file for the conduct of all elections held in this state

9 on or after January 1, 1998. The secretary of state may direct

10 that all or any part of the city, township, or village registra-

11 tion files shall be used in conjunction with the qualified voter

12 file at the first state primary and election held after the cre-

13 ation of the qualified voter file. THE SECRETARY OF STATE SHALL

14 DIRECT AND SUPERVISE THE ESTABLISHMENT AND MAINTENANCE OF AN

15 INTERNET WEBSITE THAT IS AVAILABLE TO THE PUBLIC. THE STATEWIDE

16 QUALIFIED VOTER FILE SHALL BE ACCESSIBLE FROM THIS WEBSITE. THIS

17 WEBSITE SHALL INCLUDE, BUT IS NOT LIMITED TO, THE NAME OF EACH

18 REGISTERED ELECTOR, THE POLLING PLACE OF EACH REGISTERED ELECTOR,

19 AND AN ONLINE REGISTRATION APPLICATION THAT MAY BE COMPLETED AND

20 SUBMITTED BY A PERSON WHO IS NOT REGISTERED, BUT POSSESSES THE

21 QUALIFICATIONS SET FORTH IN SECTION 492. A REVISION, CHANGE,

22 DELETION, OR ADDITION TO THE QUALIFIED VOTER FILE SHALL BE MADE

23 AVAILABLE TO THE PUBLIC IN THE SHORTEST FEASIBLE TIME AFTER THE

24 INFORMATION IS MADE AVAILABLE TO THE SECRETARY OF STATE AND PRO-

25 CESSED IN ACCORDANCE WITH THIS ACT.

26 (2) Notwithstanding any other provision of law to the

27 contrary, beginning January 1, 1998, a person who appears to vote

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1 in an election and whose name appears in the qualified voter file

2 for that city, township, village, or school district is consid-

3 ered a registered voter of that city, township, village, or

4 school district under this act.

5 (3) The secretary of state, a designated voter registration

6 agency, or a county, city, township, or village clerk shall not

7 place a name of an individual into the qualified voter file

8 unless that person signs an application as prescribed in section

9 509r(3). The secretary of state or a designated voter registra-

10 tion agency shall not allow a person to indicate a different

11 address than the address in either the secretary of state's or

12 designated voter registration agency's files to be placed in the

13 qualified voter file.

14 Sec. 509p. The qualified voter file shall consist of all of

15 the following components:

16 (a) A computer file that has the capacity to maintain a

17 number of records equal to or greater than the voting age popula-

18 tion of this state.

19 (b) An electronic network that allows participating desig-

20 nated executive departments, state agencies, and county, city,

21 township, and village clerks to electronically add, change, or

22 delete records contained in the qualified voter file.

23 (c) An interactive electronic communication system that

24 allows access to records in the file of qualified voters residing

25 in a county, city, or township for the purpose of receiving

26 copies of the county, city, or township file, transmitting data

27 to the county, city, or township file, or reviewing and printing

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1 the county, city, or township file. The interactive electronic

2 communication system shall be designed to permit counties,

3 cities, or townships that are capable of accessing the interac-

4 tive electronic communication system to add, change, or delete

5 records regarding qualified voters in the qualified voter file.

6 (D) AN INTERACTIVE ELECTRONIC COMMUNICATION SYSTEM THAT

7 COORDINATES WITH THE INTERNET WEBSITE CREATED UNDER SECTION 509o

8 AND ALLOWS AN ELECTOR ACCESS TO THE RECORDS IN THE FILE OF QUALI-

9 FIED VOTERS FOR THE PURPOSE OF VERIFYING HIS OR HER REGISTRATION,

10 ADDRESS, AND APPLICABLE POLLING SITE.

11 (E) (d) A statewide street address index in an electronic

12 medium that will accurately identify the city or township of each

13 record and by January 1, 1998, accurately identify the precinct

14 of each record in the qualified voter file.

15 Sec. 509q. The qualified voter file shall contain all of

16 the following information for each qualified voter:

17 (a) The name; residence address including house number and

18 street name or rural route and box number, and the apartment

19 number, if any; city; state; zip code; and date of birth.

20 (b) The driver's license number, or state personal identi-

21 fication card number, or similar number issued by a designated

22 voter registration agency.

23 (c) Jurisdictional information including county and city or

24 township; village, if any; and school district.

25 (d) Precinct numbers and ward numbers, if any.

26 (e) Any other information that the secretary of state

27 determines is necessary to assess the eligibility of qualified

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1 electors or to administer voter registration or other aspects of

2 the election process.

3 (f) Voting history for a 5-year period.

4 Sec. 509r. (1) The secretary of state shall establish and

5 maintain the computer system and programs necessary to the opera-

6 tion of the qualified voter file AND THE WEBSITE CREATED UNDER

7 SECTION 509o. The secretary of state shall allow each county,

8 city, township, or village access to the qualified voter file.

9 The county, city, township, and village clerks shall verify the

10 accuracy of the names and addresses of registered voters in the

11 qualified voter file. THE SECRETARY OF STATE SHALL ALLOW THE

12 PUBLIC INTERNET ACCESS TO THE QUALIFIED VOTER FILE.

13 (2) Subject to subsection (3), the secretary of state and

14 county, city, township, and village clerks shall compile the

15 qualified voter file that consists of all qualified electors from

16 the following sources and in the following priority:

17 (a) A driver's license or, if there is no driver's license,

18 a state personal identification card, including renewals and

19 changes of address with the department of state.

20 (b) An application for benefits or services, including

21 renewals and changes of address, taken by a designated voter reg-

22 istration agency.

23 (c) An application to register to vote taken by a county,

24 city, township, or village clerk or secretary of a school board.

25 (D) AN APPLICATION TO REGISTER TO VOTE SUBMITTED ONLINE.

26 (3) A person whose name does not otherwise appear in the

27 qualified voter file shall be placed in the qualified voter file

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1 only if the person signs under penalty of perjury an application

2 that contains an attestation that the applicant meets all of the

3 following requirements:

4 (a) Is 17-1/2 years of age or older.

5 (b) Is a citizen of the United States and this state.

6 (c) Is a resident of the city or township where the person's

7 street address is located.

8 (4) A designated voter registration agency or a county,

9 city, township, or village clerk shall not add to, delete from,

10 or change any information contained in the qualified voter file

11 during the period beginning on the seventh day before an election

12 and ending on the day of the election.

13 Sec. 509s. (1) The secretary of state shall secure the nec-

14 essary assistance to have an implementation study of the quali-

15 fied voter file WEBSITE conducted before July 1, 1995 JULY 1,

16 2003 to do all of the following:

17 (a) Assess the hardware and software required to establish

18 and maintain the qualified voter file AND THE WEBSITE.

19 (b) Determine the utility of any existing or planned commu-

20 nication networks that will enable electronic communication among

21 designated voter registration agencies that are involved with the

22 qualified voter file.

23 (c) Survey all available or planned communication networks

24 that will allow the counties, cities, and townships to communi-

25 cate with the qualified voter file.

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1 (D) SURVEY AND DETERMINE THE UTILITY OF THE INTERNET WEBSITE

2 THAT ALLOWS THE PUBLIC ACCESS TO THE QUALIFIED VOTER FILE AND

3 PERMITS ONLINE APPLICATION REGISTRATION TO VOTE.

4 (2) The secretary of state shall present the results of the

5 implementation study to the governor, the senate majority leader,

6 and the speaker of the house of representatives on or before

7 October 1, 1995 OCTOBER 1, 2003.

8 (3) The secretary of state shall create a system design and

9 cost analysis for the establishment and maintenance of the quali-

10 fied voter file WEBSITE on or before October 1, 1995 OCTOBER 1,

11 2003. The secretary of state shall create a design and program-

12 ming schedule to establish AND MAINTAIN the qualified voter file

13 AND WEBSITE on or before October 1, 1995 OCTOBER 1, 2003.

14 Sec. 509t. (1) Notwithstanding any other provision of law

15 to the contrary, a person who is a qualified elector in this

16 state and who registers to vote in a manner consistent with the

17 national voter registration act of 1993 , is considered a reg-

18 istered voter under this act.

19 (2) A person who registers to vote in a jurisdiction in this

20 state by mail OR BY INTERNET shall vote in person if that person

21 has not previously voted in person in that jurisdiction. This

22 subsection does not apply to any of the following registered

23 voters:

24 (a) A person entitled to vote by absentee ballot under the

25 uniformed and overseas citizens absentee voting act, Public Law

26 99-410, 100 Stat. 924.

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1 (b) A person who has WITH a disability as defined in

2 section 103 of the persons with disabilities civil rights act,

3 1976 PA 220, MCL 37.1103. , or

4 (C) A PERSON who is 60 years of age or older.

5 (D) (c) A person who is entitled to vote other than in

6 person under any other federal law.

7 (3) This section does not preclude this state from prosecut-

8 ing a violation of this act that is also a violation of any A

9 federal election or voting rights law.

10 Sec. 509u. (1) Not later than the thirtieth day after the

11 effective date of this section JANUARY 10, 1995, the governor

12 shall provide a list to the secretary of state designating the

13 executive departments, state agencies, or other offices that will

14 perform voter registration activities in this state.

15 (2) Pursuant to the national voter registration act of 1993,

16 a recruitment office of the armed forces of the United States is

17 a designated voter registration agency under this act.

18 Sec. 509v. (1) A person who is not registered to vote at

19 the address where he or she resides may apply to register to vote

20 by submitting an application at any of the following locations:

21 (a) The office of the clerk of a county or the office of the

22 clerk of the city or township in which the applicant resides,

23 during regular office hours of that clerk.

24 (b) A department of state office.

25 (c) A designated voter registration agency when submitting

26 an application, recertification, renewal, or change of address at

27 the voter registration agency.

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1 (2) A person who is not registered to vote at the address

2 where he or she resides may apply for registration by submitting

3 a completed mail registration application. A person may request

4 a mail registration application from and submit the application

5 to any of the following:

6 (a) The secretary of state.

7 (b) The clerk of the county, city, or township in which the

8 applicant resides.

9 (c) A designated voter registration agency.

10 (3) A PERSON WHO IS NOT REGISTERED TO VOTE AT THE ADDRESS

11 WHERE HE OR SHE RESIDES MAY APPLY FOR REGISTRATION BY SUBMITTING

12 A COMPLETED INTERNET REGISTRATION APPLICATION THAT IS AVAILABLE

13 AT THE WEBSITE CREATED UNDER SECTION 509o.

14 Sec. 509w. (1) The person processing an application THAT IS

15 SUBMITTED ONLINE OR submitted in person at a department of state

16 office, a designated voter registration agency, or the office of

17 a county clerk shall do all of the following:

18 (a) Validate the application in the manner prescribed by the

19 secretary of state.

20 (b) Issue a receipt to the applicant verifying the accep-

21 tance of the application. IF THE APPLICATION WAS SUBMITTED

22 ONLINE, THE RECEIPT SHALL BE MAILED TO THE APPLICANT VERIFYING

23 THE ACCEPTANCE OF THE APPLICATION.

24 (2) Except as otherwise provided in subsection (3), the

25 department of state office, the designated voter registration

26 agency, or the county clerk shall transmit the application not

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1 later than 7 days after receipt of the application to the clerk

2 of the county, city, or township where the applicant resides.

3 (3) If an application under subsection (1) is made within 7

4 days before the close of registration for a federal election, the

5 department of state office, the designated voter registration

6 agency, or the county clerk shall transmit the application not

7 later than 1 business day to the clerk of the county, city, or

8 township where the applicant resides.

9 (4) If a completed application is transmitted by the secre-

10 tary of state or a designated voter registration agency to a

11 county clerk, the secretary of state, to the extent funds are

12 appropriated, shall compensate the county clerk for the cost of

13 forwarding the application to the proper city or township clerk

14 of the applicant's residence from funds appropriated to the sec-

15 retary of state for that purpose.

16 Sec. 509x. An application for registration is considered to

17 be received on or before the close of registration, if 1 of the

18 following requirements is met:

19 (a) An THE application is received at a department of

20 state office, a designated voter registration agency, or the

21 office of a county, city, or township clerk on or before the

22 close of registration.

23 (b) An THE application is received through the mail that

24 AND is postmarked on or before the close of registration.

25 (c) An THE application is received through the mail on or

26 before the seventh day immediately following the close of

27 registration, if the postmark is missing or is unclear and the

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1 application, on its face, is dated by the applicant on or before

2 the close of registration. The clerk shall consider an applica-

3 tion received pursuant to this subdivision as received before the

4 close of registration.

5 Sec. 509y. If a voter who has applied to register to vote

6 as provided in this chapter on or before the close of registra-

7 tion appears at a polling place on election day and is not listed

8 in the registration records or precinct voting list, the inspec-

9 tors of election shall allow the person to vote if 1 of the fol-

10 lowing requirements is met:

11 (a) The voter presents a receipt issued by a department of

12 state office, a designated voter registration agency, or the

13 office of the voter's county clerk verifying the acceptance of an

14 application, the voter completes a new application, and the voter

15 otherwise meets the qualifications to vote in that city or

16 township.

17 (b) The voter is unable to present a receipt issued under

18 this chapter verifying the acceptance of an application, the

19 voter otherwise meets the qualifications to vote in that city or

20 township, and, at the polling place or at a place as designated

21 by the clerk within that jurisdiction, the voter does all of the

22 following:

23 (i) Signs an affidavit affirming that the person submitted

24 an application to a department of state office, a designated

25 voter registration agency, or the office of his or her county

26 clerk; , or mailed an application; OR SUBMITTED AN APPLICATION

27 ONLINE as provided in this act, on or before the close of

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1 registration. A person AN INDIVIDUAL who provides information

2 in a signed affidavit under this subparagraph that is false is

3 guilty of perjury.

4 (ii) Completes a new application.

5 (iii) Provides proof of PICTURE identification sufficient

6 to satisfy the clerk as to the VERIFY THE VOTER'S identity and

7 residence. of the voter.

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