SB-0584, As Passed Senate, September 15, 2011
SUBSTITUTE FOR
SENATE BILL NO. 584
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 613a, 614a, 615a, and 759a (MCL 168.613a,
168.614a, 168.615a, and 168.759a), section 613a as amended by 2003
PA 13, sections 614a and 615a as amended by 1999 PA 72, and section
759a as amended by 2010 PA 50, and by adding sections 615c and
759c; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
613a. (1) Except in 2004 when no statewide presidential
primary
shall be conducted, a A statewide presidential primary
election shall be conducted under this act on the fourth Tuesday in
February in each presidential election year.
(2) A political party that received 5% or less of the total
vote cast nationwide for the office of president in the last
presidential election shall not participate in the presidential
primary election.
(3)
Except as otherwise provided in sections 614a , 615a, to
616a, 624g, 759a, 759c, and 879a, the statewide presidential
primary election shall be conducted under the provisions of this
act that govern the conduct of general primary elections.
Sec. 614a. (1) Not later than 4 p.m. of the second Friday in
November of the year before the presidential election, the
secretary of state shall issue a list of the individuals generally
advocated by the national news media to be potential presidential
candidates for each party's nomination by the political parties for
which a presidential primary election will be held under section
613a. The secretary of state shall make the list issued under this
subsection available to the public on an internet website
maintained by the department of state.
(2) Not later than 4 p.m. of the Tuesday following the second
Friday in November of the year before the presidential election,
the state chairperson of each political party for which a
presidential primary election will be held under section 613a shall
file with the secretary of state a list of individuals whom they
consider to be potential presidential candidates for that political
party. The secretary of state shall make the lists received under
this subsection available to the public on an internet website
maintained by the department of state.
(3) After the issuance of the list under subsection (1) and
after receipt of names from the state chairperson of each political
party under subsection (2), the secretary of state shall notify
each potential presidential candidate on the lists of the
provisions of this act relating to the presidential primary
election.
Sec. 615a. (1) Except as otherwise provided in this section,
the secretary of state shall cause the name of a presidential
candidate notified by the secretary of state under section 614a to
be
printed on the appropriate
presidential primary ballot under
the
appropriate
for that political party. heading. A
presidential
candidate notified by the secretary of state under section 614a may
file an affidavit with the secretary of state indicating his or her
party preference if different than the party preference contained
in the secretary of state notification and the secretary of state
shall
cause that presidential candidate's name to be printed under
on
the appropriate party
heading on the
presidential primary ballot
for that political party. If the affidavit of a presidential
candidate indicates that the candidate has no political party
preference or indicates a political party preference for a
political party other than a political party for which a
presidential primary election will be held under section 613a, the
secretary of state shall not cause that presidential candidate's
name to be printed on a ballot for the presidential primary
election. A presidential candidate notified by the secretary of
state under section 614a may file an affidavit with the secretary
of
state indicating that he or she does not wish to have his or her
name
printed on the presidential primary ballot specifically
stating that "(candidate's name) is not a presidential candidate",
and the secretary of state shall not have that presidential
candidate's
name printed on the a presidential primary ballot. A
presidential candidate shall file an affidavit described in this
subsection with the secretary of state no later than 4 p.m. on the
second Friday in December of the year before the presidential
election year or the affidavit is considered void.
(2) The name of an individual who is not listed as a potential
presidential candidate under section 614a shall be printed on the
ballot for the appropriate political party for the presidential
primary
under the appropriate political party heading election if
he or she files a nominating petition with the secretary of state
no later than 4 p.m. on the second Friday in December of the year
before the presidential election year. The nominating petition
shall contain valid signatures of registered and qualified electors
equal to not less than 1/2 of 1% of the total votes cast in the
state at the previous presidential election for the presidential
candidate of the political party for which the individual is
seeking this nomination. However, the total number of signatures
required on a nominating petition under this subsection shall not
exceed 1,000 times the total number of congressional districts in
this state. A signature on a nominating petition is not valid if
obtained before October 1 of the year before the presidential
election year in which the individual seeks nomination. To be
valid, a nominating petition must conform to the requirements of
this act regarding nominating petitions, but only to the extent
that those requirements do not conflict with the requirements of
this subsection.
(3)
The names of the presidential candidates under on each
political
party heading ballot
shall be rotated on the ballot by
precinct. The Each ballot shall contain a
space for an elector to
vote uncommitted.
Sec. 615c. (1) In order to vote at a presidential primary
election, an elector shall indicate in writing, on a form
prescribed by the secretary of state, which political party ballot
he or she wishes to vote when appearing at a presidential primary
election.
(2) The secretary of state shall develop a procedure for city
and township clerks to use when keeping a separate record at a
presidential primary election that contains the printed name,
address, and qualified voter file number of each elector and the
political party ballot selected by that elector at the presidential
primary election.
(3) The information acquired or in the possession of a public
body indicating which political party ballot an elector selected at
a presidential primary election is not exempt from disclosure under
the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(4) Within 71 days after the presidential primary election,
the secretary of state shall make available to the public in an
electronic format a file of the records for each political party
described under subsection (2). The secretary of state shall set a
schedule for county, city, and township clerks to submit data or
documents required under subsection (2). The secretary of state and
county, city, and township clerks shall destroy the information
indicating which political party ballot each elector selected at
the presidential primary election as recorded in subsection (2)
immediately after the expiration of the 22-month federal election
records retention period.
Sec. 759a. (1) An absent uniformed services voter or an
overseas voter who is not registered, but possessed the
qualifications of an elector under section 492, may apply for
registration by using the federal postcard application. The
department of state, bureau of elections, is responsible for
disseminating information on the procedures for registering and
voting to an absent uniformed services voter and an overseas voter.
(2) Upon the request of an absent uniformed services voter or
an overseas voter, the clerk of a county, city, township, or
village shall electronically transmit a blank voter registration
application or blank absent voter ballot application to the voter.
The clerk of a county, city, township, or village shall accept a
completed voter registration application or completed absent voter
ballot application electronically transmitted by an absent
uniformed services voter or overseas voter. A voter registration
application or absent voter ballot application submitted by an
absent uniformed services voter or overseas voter shall contain the
signature of the voter.
(3) A spouse or dependent of an overseas voter who is a
citizen of the United States, is accompanying that overseas voter,
and is not a qualified and registered elector anywhere else in the
United States, may apply for an absent voter ballot even though the
spouse or dependent is not a qualified elector of a city or
township of this state.
(4) An absent uniformed services voter or an overseas voter,
whether or not registered to vote, may apply for an absent voter
ballot. Upon receipt of an application for an absent voter ballot
under this section that complies with this act, a county, city,
village, or township clerk shall forward to the applicant the
absent voter ballots requested, the forms necessary for
registration, and instructions for completing the forms. If the
ballots are not yet available at the time of receipt of the
application, the clerk shall immediately forward to the applicant
the registration forms and instructions, and forward the ballots as
soon as they are available. If a federal postcard application is
filed, the clerk shall accept the federal postcard application as
the registration application and shall not send any additional
registration forms to the applicant. If the ballots and
registration forms are received before the close of the polls on
election day and if the registration complies with the requirements
of this act, the absent voter ballots shall be delivered to the
proper election board to be tabulated. If the registration does not
comply with the requirements of this act, the clerk shall retain
the absent voter ballots until the expiration of the time that the
voted ballots must be kept and shall then destroy the ballots
without opening the envelope. The clerk may retain registration
forms completed under this section in a separate file. The address
in this state shown on a registration form is the residence of the
registrant.
(5) Not later than 45 days before an election, a county, city,
township, or village clerk shall electronically transmit or mail as
appropriate an absent voter ballot to each absent uniformed
services voter or overseas voter who applied for an absent voter
ballot 45 days or more before the election.
(6) Upon the request of an absent uniformed services voter or
overseas voter, the clerk of a county, city, township, or village
shall electronically transmit an absent voter ballot to the voter.
The voter shall print the absent voter ballot and return the voted
ballot by mail to the appropriate clerk.
(7) The secretary of state shall prescribe electronic absent
voter ballot formats and electronic absent voter ballot
transmission methods. Each county, city, township, or village clerk
shall employ the prescribed electronic ballot formats to fulfill an
absent voter ballot request received from an absent uniformed
services voter or overseas voter who wishes to receive his or her
absent voter ballot through an electronic transmission. The
secretary of state shall establish procedures to implement the
requirements in this section and for the processing of a marked
absent voter ballot returned by an absent uniformed services voter
or overseas voter who obtained his or her absent voter ballot
through an electronic transmission.
(8) The secretary of state shall modify the printed statement
provided under section 761(4) and the absent voter ballot
instructions provided under section 764a as appropriate to
accommodate the procedures developed for electronically
transmitting an absent voter ballot to an absent uniformed services
voter or overseas voter. A statement shall be included in the
certificate signed by the absent voter who obtained his or her
absent voter ballot through an electronic transmission that the
secrecy of the absent voter ballot may be compromised during the
duplication process. The absent voter ballot instructions provided
to an absent uniformed services voter or overseas voter shall
include the proper procedures for returning the absent voter ballot
to the appropriate clerk.
(9) The size of a precinct shall not be determined by
registration forms completed under this section.
(10) An absent uniformed services voter or an overseas voter
who submits an absent voter ballot application is eligible to vote
as an absent voter in any local or state election occurring in the
calendar year in which the absent voter ballot application is
received by the county, city, village, or township clerk, but not
in an election for which the application is received by the clerk
after 2 p.m. of the Saturday before the election. A county, city,
or township clerk receiving an absent voter ballot application from
an absent uniformed services voter or overseas voter shall transmit
to a village clerk and the school district election coordinators,
where applicable, the necessary information to enable the village
clerk and school district election coordinators to forward an
absent voter ballot for each applicable election in that calendar
year to the absent voter. A village clerk receiving an absent voter
ballot application from an absent uniformed services voter or
overseas voter shall transmit to the township clerk and the school
district election coordinators, where applicable, the necessary
information to enable the city or township clerk and school
district election coordinators to forward an absent voter ballot
for each applicable election in that calendar year to the absent
voter. If the local elections official rejects a voter registration
application or absent voter ballot application submitted by an
absent uniformed services voter or overseas voter, the election
official shall notify the voter of the rejection.
(11) An electronic mail address provided by an absent
uniformed services voter or overseas voter for the purposes of this
section is confidential and exempt from disclosure under the
freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(12) Under the uniformed and overseas citizens absentee voting
act,
42 USC 1973ff to 1973ff-6, 1973ff-7,
the state director of
elections shall approve a ballot form and registration procedures
for absent uniformed services voters and overseas voters.
(13) For a presidential primary election, the secretary of
state shall prescribe procedures for contacting an elector who is
an absent uniformed services voter or an overseas voter, as
described in this section, and who is eligible to receive an absent
voter ballot or who applies for an absent voter ballot for the
presidential primary election, offering the elector the opportunity
to select a political party ballot for the presidential primary
election.
(14) (13)
As used in this section:
(a) "Absent uniformed services voter" means any of the
following:
(i) A member of a uniformed service on active duty who, by
reason of being on active duty, is absent from the place of
residence where the member is otherwise qualified to vote.
(ii) A member of the merchant marine who, by reason of service
in the merchant marine, is absent from the place of residence where
the member is otherwise qualified to vote.
(iii) A spouse or dependent of a member referred to in
subparagraph (i) or (ii) who, by reason of the active duty or service
of the member, is absent from the place of residence where the
spouse or dependent is otherwise qualified to vote.
(b) "Member of the merchant marine" means an individual, other
than a member of a uniformed service or an individual employed,
enrolled, or maintained on the Great Lakes or the inland waterways,
who is either of the following:
(i) Employed as an officer or crew member of a vessel
documented under the laws of the United States, a vessel owned by
the United States, or a vessel of foreign-flag registry under
charter to or control of the United States.
(ii) Enrolled with the United States for employment or training
for employment, or maintained by the United States for emergency
relief service, as an officer or crew member of a vessel documented
under the laws of the United States, a vessel owned by the United
States, or a vessel of foreign-flag registry under charter to or
control of the United States.
(c) "Overseas voter" means any of the following:
(i) An absent uniformed services voter who, by reason of active
duty or service, is absent from the United States on the date of an
election.
(ii) A person who resides outside of the United States and is
qualified to vote in the last place in which the person was
domiciled before leaving the United States.
(iii) A person who resides outside of the United States and who,
but for such residence outside of the United States, would be
qualified to vote in the last place in which he or she was
domiciled before leaving the United States.
(d) "Uniformed services" means the army, navy, air force,
marine corps, coast guard, the commissioned corps of the public
health service, the commissioned corps of the national oceanic and
atmospheric administration, a reserve component of a uniformed
service, or the Michigan national guard as defined in section 105
of the Michigan military act, 1967 PA 150, MCL 32.505.
(15) (14)
This section applies to
the August 3, 2010
election
and to each succeeding election conducted in this state.
Sec. 759c. For a presidential primary election, the secretary
of state shall revise the absent voter ballot application form
described in section 759 or provide a separate form to require that
a presidential primary elector indicate a political party ballot
selection when requesting an absent voter ballot.
Enacting section 1. If any portion of this amendatory act or
the application of this amendatory act to any person or
circumstances is found invalid by a court, it is the intent of the
legislature that the provisions of this amendatory act are
severable and that the remainder of the amendatory act shall be
valid, operable, and in effect.
Enacting section 2. Section 495a of the Michigan election law,
1954 PA 116, MCL 168.495a, is repealed.