HOUSE Substitute For
SENATE BILL NO. 977
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending section 759 (MCL 168.759), as amended by 2018 PA 603.
the people of the state of michigan enact:
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Sec. 759. (1)
Subject to section 761(3), at any time during the 75 days before a primary or
special primary, but not later than 8 p.m. on the day of a primary or special
primary, an elector may apply for an absent voter ballot. The elector shall
apply in person or by mail with the clerk of the township or city in which the
elector is registered. The clerk of a city or township shall not send by
first-class mail an absent voter ballot to an elector after 5 p.m. on the
Friday immediately before the election. In
addition, Except as otherwise provided
in section 761(2), the clerk of a city
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or township shall
not issue an absent voter ballot to a registered elector in that city or
township after 4 p.m. on the day before the election. An application received
before a primary or special primary may be for either that primary only, or for
that primary and the election that follows. An individual may submit a voter
registration application and an absent voter ballot application at the same
time if applying in person with the clerk or deputy clerk of the city or
township in which the individual resides. Immediately after his or her voter
registration application and absent voter ballot application are approved by
the clerk or deputy clerk, the individual may, subject to the identification
requirement in section 761(6), complete an absent voter ballot at the clerk's
office.
(2) Except as
otherwise provided in subsection (1) and subject to section 761(3), at any time
during the 75 days before an election, but not later than 8 p.m. on the day of
an election, an elector may apply for an absent voter ballot. The elector shall
apply in person or by mail with the clerk of the township, city, or village in
which the voter is registered. The clerk of a city or township shall not send
by first-class mail an absent voter ballot to an elector after 5 p.m. on the Friday
immediately before the election. In
addition, Except as otherwise provided
in section 761(2), the clerk of a city or township shall not
issue an absent voter ballot to a registered elector in that city or township
after 4 p.m. on the day before the election. An individual may submit a voter
registration application and an absent voter ballot application at the same
time if applying in person with the clerk or deputy clerk of the city or
township in which the individual resides. Immediately after his or her voter
registration
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application and
absent voter ballot application are approved by the clerk, the individual may,
subject to the identification requirement in section 761(6), complete an absent
voter ballot at the clerk's office.
(3) An
application for an absent voter ballot under this section may be made in any of
the following ways:
(a) By a written
request signed by the voter.
(b) On an absent
voter ballot application form provided for that purpose by the clerk of the
city or township.
(c) On a federal
postcard application.
(4) An applicant
for an absent voter ballot shall sign the application. A Subject
to section 761(2), a clerk or assistant clerk shall not deliver
an absent voter ballot to an applicant who does not sign the application. A
person shall not be in possession of a signed absent voter ballot application
except for the applicant; a member of the applicant's immediate family; a
person residing in the applicant's household; a person whose job normally
includes the handling of mail, but only during the course of his or her
employment; a registered elector requested by the applicant to return the
application; or a clerk, assistant of the clerk, or other authorized election
official. A registered elector who is requested by the applicant to return his
or her absent voter ballot application shall sign the certificate on the absent
voter ballot application.
(5) The clerk of
a city or township shall have absent voter ballot application forms available
in the clerk's office at all times and shall furnish an absent voter ballot
application form to anyone upon a verbal or written request. The absent voter
ballot application must be in substantially the following form:
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"Application
for absent voter ballot for:
[ ] The primary or special primary election to
be held on ___________________ (Date).
[ ] The election to be held on _______ (Date).
(Check applicable
election or elections)
I,
.................................. , a United States citizen and a qualified
and registered elector of the ............ precinct of the township of
............ or of the ............ ward of the city of
.................................. , in the county of
.................................. and state of Michigan, apply for an official
ballot, or ballots, to be voted by me at the election or elections as requested
in this application.
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(Street No. or R.R.) |
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........................................... |
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(Post Office) (State) (Zip Code) |
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My registered address .............................. |
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(Street No. or
R.R.) |
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....................................... |
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(Post Office) |
(State) |
(Zip Code) |
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Date................................................ |
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the statements in this absent voter ballot |
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application are
true. |
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.................................. |
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(Signature) |
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WARNING |
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You must be a
United States citizen to vote. If you are not a
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United States
citizen, you will not be issued an absent voter ballot.
A person making a
false statement in this absent voter ballot application is guilty of a
misdemeanor. A
person who knowingly submits an absent voter ballot application containing
false information or a forged signature is guilty of a felony. It is a violation
of Michigan election law for a person other than those listed in the
instructions to return, offer to return, agree to return, or solicit to return
your absent voter ballot application to the clerk. An assistant authorized by
the clerk who receives absent voter ballot applications at a location other
than the clerk's office must have credentials signed by the clerk. Ask to see
his or her credentials before entrusting your application with a person
claiming to have the clerk's authorization to return your application.
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Certificate of Authorized Registered |
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Elector Returning Absent Voter |
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Ballot Application |
I certify that my
name is .................... , my address is .................... , and my date
of birth is ............ ; that I am delivering the absent voter ballot
application of .................... at his or her request; that I did not
solicit or request to return the application; that I have not made any markings
on the application; that I have not altered the application in any way; that I
have not influenced the applicant; and that I am aware that a false statement
in this certificate is a violation of Michigan election law.
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____________________________ |
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(Date) |
(Signature)" |
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(6) The following
instructions for an applicant for an absent voter ballot must be included with
each application furnished an applicant:
Step 1. After
completely filling out the application, sign and date the application in the
place designated. Your signature must appear on the application or you will may
not receive an absent voter ballot.
Step 2. Deliver
the application by 1 of the following methods:
(a) Place the
application in an envelope addressed to the appropriate clerk and 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
application personally to the clerk's office, 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 the application to the clerk for the applicant.
(d) If an
applicant cannot return the application in any of the above methods, the
applicant may select any registered elector to return the application. The
person returning the application must sign and return the certificate at the
bottom of the application.
(7) A person who
prints and distributes absent voter ballot applications shall print on the
application the warning, certificate of authorized registered elector returning
absent voter
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ballot
application, and instructions required by this section.
(8) A person who makes a false statement in an
absent voter ballot application is guilty of a misdemeanor. A person who forges
a signature on an absent voter ballot application is guilty of a felony. A
person who is not authorized in this act and who both distributes absent voter
ballot applications to absent voters and returns those absent voter ballot
applications to a clerk or assistant of the clerk is guilty of a misdemeanor.
(9) Except as otherwise expressly authorized by law, a person who knowingly fills out an absent voter ballot application and who without consent submits or causes to be submitted that absent voter ballot application containing or using another person's name and personal identification information is guilty of a felony.
(10) A person who knowingly fills out and submits or
causes to be submitted an absent voter ballot application with the intent to
obtain multiple absent voter ballots for a person is guilty of a felony.
(11) A person who knowingly submits an absent voter ballot application containing false information or a forged signature is guilty of a felony.