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.