February 24, 2005, Introduced by Senators CHERRY, JACOBS, SCHAUER, BASHAM, PRUSI and BRATER and referred to the Committee on Government Operations.
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 720 and 735 (MCL 168.720 and 168.735), section
735 as amended by 2004 PA 92, and by adding section 720a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
720. (1) On the day of any an election,
the polls shall
be
opened open at 7 o'clock in the forenoon, a.m. and shall be
continuously
open until 8 o'clock in the afternoon and no longer.
Every
p.m. Each qualified elector present and in line at the
polls
at the hour prescribed for the closing thereof time shall
be allowed to vote.
(2) For early voting under section 720a, the clerk conducting
the election shall designate the hours at which the polls will open
and close. The polls shall be open not less than 7 hours each
weekday and not less than 3 hours each Saturday during the early
voting period in section 720a. Before early voting begins, the
clerk shall post the hours that the polls will be open at the
clerk's office. The clerk shall provide notice to the electors
that substantially complies with the form in section 653a of the
dates and hours the early voting polling places will be open.
Sec. 720a. (1) Every city, township, and village shall provide
early voting at polling places designated by the city, township, or
village clerk during the period of time set forth in this section
before a regular or special election.
(2) Early voting shall begin on the fifteenth day before a
regular election and end on the day before the election. For
purposes of a special election held pursuant to this act, early
voting shall begin on the eighth day before a special election and
end on the day before the election.
(3) The secretary of state shall cooperate with each
municipality conducting early voting and provide technical
assistance to each municipality that requests technical assistance.
(4) Before being given a ballot, each elector using early
voting shall provide identification to an election official
pursuant to section 523. In addition, each elector using early
voting shall submit to the election official in charge of the
precinct an early voter certificate in substantially the following
form:
EARLY VOTER CERTIFICATE
I certify that my name is __________________, my address is
_____________________________, my date of birth is ___________, and
I am a qualified and registered elector in this election. I
understand that if I commit or attempt to commit fraud in
connection with voting, vote a fraudulent ballot, or vote more than
once in an election I could be convicted of a felony punishable by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both. I understand that my failure to sign this
certificate invalidates my ballot.
__________________________
(Voter's Signature)/(Date)
(5) Except as otherwise provided, all of the following
provisions of this act apply to early voting:
(a) Election inspectors.
(b) Challenges to voters.
(c) Poll book and poll list.
(d) Notices, instructions, and placards.
(e) Security of a voting machine or other voting system.
(f) Ballot security, ballot containers, ballot counting, and
ballot preservation.
(g) Spoiled ballots.
(6) The poll book and poll list for each precinct shall be
maintained in accordance with section 735.
(7) Early voting ballots shall be processed in the same manner
as ballots cast on election day and shall not be counted until the
polls close on election day.
(8) As used in this section, "municipality" means a city,
township, or village.
Sec. 735. (1) At each primary and election, election
inspectors shall keep 1 poll book and 1 poll list. An election
inspector shall enter in the poll book, in the order in which
electors are given ballots, the name of each elector who is given a
ballot and immediately after the name, on the same line, shall
enter the number of the ballot given to the elector. For an absent
voter ballot, when an election inspector removes the ballot from
the sealed absent voter envelope, the election inspector shall
enter in the poll book the name of the absent voter and the number
of the ballot.
(2) For early voting under section 720a, the poll book shall
be divided by date and separate records shall be maintained for
each day of early voting.
(3) (2)
If an elector is issued a provisional ballot, an
election inspector shall enter a proper designation in the poll
book, including whether the provisional ballot was tabulated in the
precinct or was secured for verification after the election.
(4) (3)
At the completion of the precinct
canvass, an
election inspector shall record on the certificate provided in the
poll book the number of each metal seal used to seal voting
equipment and ballot containers. Each member of the board of
election inspectors shall sign the certificate.