| 1 | | - | Substitute For SENATE BILL NO. 404 A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 726, 736, and 751 (MCL 168.726, 168.736, and 168.751), and by adding sections 653c, 653d, 653e, 726a, and 753a; and to repeal acts and parts of acts. the people of the state of michigan enact: Sec. 653c. (1) Except as otherwise provided under subsection (5), a local government shall provide notice as set forth in this section to the secretary of state not later than 20 days after the governing body of that local government approves the ballot language related to any of the following: (a) Any change to the method of how the winner of an election is determined. (b) Any change from an at-large method of election to a district-based method of election or from a district-based method of election to an at-large method of election. (c) Any governmental reorganization under, but not limited to, any of the following: (i) The home rule city act, 1909 PA 279, MCL 117.1 to 117.38. (ii) The charter township act, 1947 PA 359, MCL 42.1 to 42.34. (iii) The home rule village act, 1909 PA 278, MCL 78.1 to 78.28. (2) Except as otherwise provided under subsection (5), a local government shall provide notice as set forth in this section to the secretary of state at least 20 days before the clerk of that local government starts a program to remove electors from the voter registration records, other than for the canceling of the voter registration of an elector in accordance with section 509aa, the canceling of the voter registration of a deceased elector in accordance with section 510, or the canceling of the voter registration of an elector in accordance with section 511. (3) The secretary of state shall prescribe the form of the notice required under subsections (1) and (2). As soon as practicable, but no later than 5 days after receiving notice from a local government under subsection (1) or (2), the secretary of state shall post the notice on the department of state's website and ensure that the posting is made available and accessible to individuals with disabilities and individuals with limited English proficiency. (4) If a local government fails to submit a required notice under this section to the secretary of state by the deadline, the secretary of state shall post that violation on a visible portion of the department of state's website that is not archived and is updated at least every 30 days with additional information. The name of each local government that fails to submit a required notice under this section must be listed in alphabetical order on the department of state's website. The information posted by the secretary of state on the department of state's website regarding a notice violation must include the name of the local government, the notice required under this section that was not submitted by the local government, the date of the violation by the local government, and the date the notice was submitted by the local government, or an indication that the required notice was never submitted by the local government. The secretary of state shall not remove the posted information regarding a notice violation by a local government under this section until 1 year after the date of the notice violation. Nothing in this subsection removes the obligation for a local government to comply with all notice requirements under this section. (5) If a state of emergency affecting a local government is declared under state law, the notice requirements under this section are temporarily suspended for that local government starting on the date that the state of emergency is declared and continuing for the period of time that the state of emergency is in effect. On the date that the state of emergency is terminated for that local government, the temporary suspension of the notice requirements under this section is terminated, and the local government is obligated to provide any notices the local government would have been required to provide while the state of emergency was in effect. (6) Subsections (1) to (5) take effect January 1, 2026. Before January 1, 2026, the secretary of state shall consult with the Michigan Association of County Clerks, the Michigan Association of Municipal Clerks, and at least 2 voting rights advocates regarding the implementation of subsections (1) to (5). (7) As used in this section, "at-large method of election" and "district-based method of election" mean those terms as defined in section 3 of the state voting rights act. Sec. 653d. (1) Except as otherwise provided in subsection (4), a local government shall provide notice to the secretary of state of any of the following as set forth in this section: (a) No later than 5 business days after receiving and before complying with a request from any individual to view, inspect, take possession of, or copy voting equipment. As used in this subdivision, "voting equipment" means a tabulator, physical or digital data, voter assist terminal, early voting poll book, electronic poll book, paper poll book, or any other equipment approved by the secretary of state or the board of state canvassers for use at an election. (b) No later than 5 business days after receiving and before complying with a request from any individual to view, inspect, or copy ballots from more than 25% of the total votes cast in any election held in the local government. (c) Not less than 14 days before an election, a list of any organization or committee as to which authorization to appoint challengers has been approved or denied under section 731. (d) No later than 5 business days after receiving and before acting on a challenge made by an elector of the local government to the registration of an elector under section 512. (2) As soon as practicable, but no later than 5 days after receiving notice from a local government under subsection (1), the secretary of state shall post the notice on the department of state's website and ensure that the posting is made available and accessible to individuals with disabilities and individuals with limited English proficiency. (3) If a local government fails to submit a required notice under this section to the secretary of state by the deadline, the secretary of state shall post that violation on a visible portion of the department of state's website that is not archived and is updated at least every 30 days with additional information. The name of each local government that fails to submit a required notice under this section must be listed in alphabetical order on the department of state's website. The information posted by the secretary of state on the department of state's website regarding a notice violation must include the name of the local government, the notice required under this section that was not submitted by the local government, the date of the violation by the local government, and the date the notice was submitted by the local government, or an indication that the required notice was never submitted by the local government. The secretary of state shall not remove the posted information regarding a notice violation by a local government under this section until 1 year after the date of the notice violation. Nothing in this subsection removes the obligation for a local government to comply with all notice requirements under this section. (4) If a state of emergency affecting a local government is declared under state law, the notice requirements under this section are temporarily suspended for that local government starting on the date that the state of emergency is declared and continuing for the period of time that the state of emergency is in effect. On the date that the state of emergency is terminated for that local government, the temporary suspension of the notice requirements under this section is terminated, and the local government is obligated to provide any notices the local government would have been required to provide while the state of emergency was in effect. (5) Subsections (1) to (4) take effect January 1, 2026. Before January 1, 2026, the secretary of state shall consult with the Michigan Association of County Clerks, the Michigan Association of Municipal Clerks, and at least 2 voting rights advocates regarding the implementation of subsections (1) to (4). Sec. 653e. (1) The secretary of state shall provide notice of any of the following as set forth in this section: (a) Any change to the location of a polling place, absent voter ballot drop box, or other voting location within a local government. (b) Any change to the hours or days available for voting, including early voting, as compared to a previous election for the same or a similar office. (c) Any change to the hours or locations for absent voting under section 761b. (d) Any early voting plan, or any amendments to an early voting plan, under section 720h. (e) The results of any election audit conducted under section 31a. (f) The selection of a voting system under section 37a. (g) Any agreement to establish an absent voter counting board under section 764d. (h) The governing body of a local government approves a change to a district within that local government under, but not limited to, any of the following: (i) 1966 PA 261, MCL 46.401 to 46.416. (ii) Section 5 of 1966 PA 293, MCL 45.505. (iii) Section 27a of the home rule city act, 1909 PA 279, MCL 117.27a. (2) As soon as practicable, but not later than 5 days after the secretary of state is notified of any occurrence under subsection (1), the secretary of state shall post the notice on the department of state's website and ensure that the posting is made available and accessible to individuals with disabilities and individuals with limited English proficiency. (3) Subsections (1) and (2) take effect January 1, 2026. Before January 1, 2026, the secretary of state shall consult with the Michigan Association of County Clerks, the Michigan Association of Municipal Clerks, and at least 2 voting rights advocates regarding the implementation of subsections (1) and (2). Sec. 726. No ballots shall Except as otherwise provided in this act, a ballot must not be delivered to an elector by any person individual other than 1 of the election inspectors of election and only within in the polling place. , except as provided in this act for absent voters' ballots. Sec. 726a. (1) If an elector is unable to enter a polling place or early voting site, and that elector asks the county, city, or township clerk or precinct board of election inspectors to provide voting assistance, the voting assistance must be provided as set forth in subsection (3). (2) During the hours voting is available to electors at a polling place or early voting site, a sign must be displayed outside of that polling place or early voting site that states the following: "If you need voting assistance, please call _____________________." (3) Subject to subsection (4), when the election inspectors at a polling place or early voting site become aware that an elector needing voting assistance as described in subsection (1) is outside of the polling place or early voting site and wishes to cast a ballot, the following procedure must be used: (a) Two election inspectors from different political parties must deliver the ballot inside a secrecy sleeve to the elector who is outside of the polling place or early voting site. (b) After the elector has marked the ballot and placed the ballot back into the secrecy sleeve, the election inspectors must immediately return to the polling place or early voting site and deposit the ballot into the tabulator in a manner that protects the secrecy of the ballot to the greatest extent possible. (c) If the ballot is accepted by the tabulator, 1 election inspector, regardless of political party affiliation, must return to the elector who is outside of the polling place or early voting site and indicate to the elector that the elector's ballot was accepted by the tabulator and was tabulated. If the ballot is rejected by the tabulator, 2 election inspectors from different political parties must return to the elector who is outside of the polling place or early voting site and give that elector the opportunity to have the ballot considered a spoiled ballot and to vote another ballot. (4) Except as provided in this section, an elector who votes a ballot at a polling place or early voting site under the procedure described in subsection (3) is subject to all of the requirements, and has all of the rights, that apply to electors who vote inside the polling place or early voting site. (5) This section takes effect January 1, 2026. Sec. 736. When If an elector applying to vote shall is not be challenged, or, if having been challenged, if the answers to the questions asked him the elector while under oath as to his the elector's qualifications shall show that he the elector is a qualified elector at that poll, he shall the elector must be permitted to vote. The election inspector having charge of the ballots shall deliver to said the elector 1 of each kind of said ballots the ballot to be voted at the election. All the ballots so given to an elector applying to vote shall bear the same number, beginning, for the first elector to whom ballots are given, with the lowest numbered ballots, the next higher number for the second such elector, and so on. On request of the elector, an election inspector may give an explanation of the manner of voting, and if by the board deemed of election inspectors considers it necessary, an interpreter may be called. , but the An elector shall not be otherwise be assisted in the marking of his the elector's ballot, except as otherwise provided in this act. for assisted electors. Sec. 751. (1) When If at an election an elector shall state states that the elector cannot mark his or her the elector's ballot, the elector shall must be assisted in the marking of his or her the elector's ballot by 2 election inspectors. of election. (2) If an elector is so disabled on account of blindness, the elector may be assisted in the marking of his or her the elector's ballot by a member of his or her the elector's immediate family or by a person an individual over 18 years of age designated by the blind person.elector. (3) Beginning on the effective date of the amendatory act that added this subsection, an elector may seek language assistance from an individual the elector chooses in order to exercise the elector's right to vote. (4) Nothing in this section shall be interpreted to conflict with federal law or suggest that voters have fewer rights than granted under federal law, including, but not limited to, section 208 of the voting rights act of 1965, 52 USC 10508. Sec. 753a. (1) Subject to section 744 and subsections (2) and (3), an individual may provide food, warmth, or other necessities to electors who are in line to vote inside or outside of the building in which a polling place, an early voting site, or a city or township clerk's office is located. (2) An individual who provides food, warmth, or other necessities to electors as described under subsection (1) must not interfere with the voting process. (3) The appropriate clerk may direct an individual who is providing food, warmth, or other necessities to electors under subsection (1) to immediately cease providing food, warmth, or other necessities to electors if the clerk determines that the individual is interfering with the voting process or is interfering with the clerk's ability to maintain peace, regularity, and order at the polling place, early voting site, or city or township clerk's office where that food, warmth, or other necessities are being provided to electors. Enacting section 1. Section 579 of the Michigan election law, 1954 PA 116, MCL 168.579, is repealed. Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law: (a) Senate Bill No. 401. (b) Senate Bill No. 403. |
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| 1 | + | SENATE BILL NO. 404 A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 726, 736, 751, and 931 (MCL 168.726, 168.736, 168.751, and 168.931), section 931 as amended by 1996 PA 583, and by adding sections 726a, 753, and 753a; and to repeal acts and parts of acts. the people of the state of michigan enact: Sec. 726. No ballots shall Except as otherwise provided in this act, a ballot must not be delivered to an elector by any person individual other than 1 of the election inspectors of election and only within in the polling place. , except as provided in this act for absent voters' ballots. Sec. 726a. (1) An elector who is 65 years of age or older, or an elector who has a disability, may request to vote the elector's ballot using curbside voting at the elector's polling place or early voting site. An elector may request to use curbside voting in any of the following ways: (a) By calling the appropriate city or township clerk's office during regular business hours. (b) By sending another individual into the elector's polling place or early voting site to indicate to the election inspectors that the elector wishes to use curbside voting. (c) Any other appropriate method authorized by the secretary of state at least 120 days before the election. (d) Any other appropriate method authorized by the appropriate city or township clerk. (2) Curbside voting must be available to electors during all hours that a polling place or early voting site is open. (3) An elector must not be required to disclose the reason for requesting curbside voting and must not be required to provide evidence or documentation of the elector's age or disability to use curbside voting. (4) Curbside voting must be conducted in an area designated by the appropriate city or township clerk that is located within 200 feet of any entrance to a polling place or early voting site. The area designated must include a sign indicating that the area is designated for curbside voting only. If the area designated for curbside voting is located more than 100 feet from any entrance to a polling place or early voting site, an individual shall not conduct any of the activities prohibited under section 744 within 10 feet of a vehicle parked in the area designated for curbside voting. (5) When the election inspectors at a polling place or early voting site become aware that an elector described in subsection (1) is outside of the polling place or early voting site and wishes to use curbside voting, the following procedure must be used: (a) Except as otherwise provided in this subdivision, 2 election inspectors, 1 from each major political party, must go to the elector's vehicle outside of the polling place or early voting site and verify the elector's registration status. If 1 election inspector from each major political party is not immediately available, 2 election inspectors, regardless of political party affiliation, may go to the elector's vehicle outside of the polling place or early voting site to verify the elector's registration status. (b) If the elector's registration status is confirmed, the election inspectors must provide that elector with a ballot to vote and a secrecy envelope. (c) The elector shall mark the ballot in the presence of both election inspectors, but in a manner that protects the secrecy of the ballot. (d) Once the elector has completed marking the elector's ballot, the elector shall return the marked ballot in a secrecy envelope to the election inspectors. (e) The election inspectors shall immediately return to the polling place or early voting site and deposit the marked ballot into the ballot tabulator. (f) Once the ballot is tabulated, the election inspectors shall return to the elector's vehicle and indicate to the elector that the elector's ballot was tabulated and provide that elector with written proof that the elector's ballot was tabulated. Sec. 736. When If an elector applying to vote shall is not be challenged, or, if having been challenged, if the answers to the questions asked him the elector while under oath as to his the elector's qualifications shall show that he the elector is a qualified elector at that poll, he shall the elector must be permitted to vote. The election inspector having charge of the ballots shall deliver to said the elector 1 of each kind of said ballots the ballot to be voted at the election. All the ballots so The ballot given to an elector applying to vote shall must bear the same number, beginning, for the first elector to whom ballots are given, with the lowest numbered ballots, the next higher number for the second such elector, and so on. On request of the elector, an election inspector may give an explanation of the manner of voting, and if by the board deemed of election inspectors considers it necessary, an interpreter may be called. , but the An elector shall not be otherwise be assisted in the marking of his the elector's ballot, except as otherwise provided in this act. for assisted electors. Sec. 751. (1) When If at an election an elector shall state states that the elector cannot mark his or her the elector's ballot, the elector shall must be assisted in the marking of his or her the elector's ballot by 2 election inspectors. of election. (2) If an elector is so disabled on account of blindness, the elector may be assisted in the marking of his or her the elector's ballot by a member of his or her the elector's immediate family or by a person an individual over 18 years of age designated by the blind person.elector. (3) Beginning on the effective date of the amendatory act that added this subsection, an elector may seek language assistance from an individual the elector chooses in order to exercise the elector's right to vote. (4) Beginning on the effective date of the amendatory act that added this subsection, an elector may bring any individual into the voting booth or voting compartment at an election to assist that elector in participating in the electoral process. An election inspector may confirm with the elector that the individual is of the elector's choice to assist that elector. Sec. 753. (1) A nonprofit or nonpartisan entity that is not a political committee may offer or provide transportation for an elector to and from any of the following for voting purposes: (a) A polling place location. (b) An early voting site. (c) An absent voter ballot drop box. (d) A city or township clerk's office. (2) As used in this section, "political committee" means any of the following: (a) A committee as that term is defined under section 3 of the Michigan campaign finance act, 1976 PA 388, MCL 169.203. (b) An entity that is tax-exempt under section 527 of the internal revenue code of 1986, 26 USC 527. Sec. 753a. An individual may provide food, entertainment, warmth, or other necessities to electors who are in line to vote at a polling place location, an early voting site, or a city or township clerk's office. Sec. 931. (1) A person An individual who violates 1 or more of the following subdivisions is guilty of a misdemeanor: (a) A person An individual shall not, either directly or indirectly, give, lend, or promise valuable consideration , to or for any person, individual as an inducement to influence the manner of voting by a person an individual relative to a candidate or ballot question , or as a reward for refraining from voting. (b) A person An individual shall not, either before, on, or after an election, for the person's individual's own benefit or on behalf of any other person, individual, receive, agree, or contract for valuable consideration for 1 or more of the following: (i) Voting or agreeing to vote, or inducing or attempting to induce another to vote, at an election. (ii) Refraining or agreeing to refrain, or inducing or attempting to induce another to refrain, from voting at an election. (iii) Doing anything prohibited by this act. (iv) Both distributing absent voter ballot applications to voters electors and receiving signed applications from voters electors for delivery to the appropriate clerk or assistant of the clerk. This subparagraph does not apply to an authorized election official. (c) A person An individual shall not solicit any valuable consideration from a candidate for nomination for, or election to, an office described in this act. This subdivision does not apply to requests for contributions of money by or to an authorized representative of the political party committee of the organization to which the candidate belongs. This subdivision does not apply to a regular business transaction between a candidate and any other person individual that is not intended for, or connected with, the securing of votes or the influencing of voters in connection with the nomination or election. (d) A person An individual shall not, either directly or indirectly, discharge or threaten to discharge an employee of the person individual for the purpose of influencing the employee's vote at an election. (e) A priest, pastor, curate, or other officer of a religious society shall not for the purpose of influencing a voter an elector at an election, impose or threaten to impose upon the voter elector a penalty of excommunication, dismissal, or expulsion , or command or advise the voter, elector under pain of religious disapproval. (f) A person shall not hire a motor vehicle or other conveyance or cause the same to be done, for conveying voters, other than voters physically unable to walk, to an election. (f) (g) In a city, township, village, or school district that has a board of election commissioners authorized to appoint inspectors of election, an inspector of election, a clerk, or other election official who accepts an appointment as an inspector of election shall not fail to report at the polling place designated on election morning at the time specified by the board of election commissioners, unless excused as provided in this subdivision. A person An individual who violates this subdivision is guilty of a misdemeanor , punishable by a fine of not more than $10.00 or imprisonment for not more than 10 days, or both. An inspector of election, clerk, or other election official who accepts an appointment as an inspector of election is excused for failing to report at the polling place on election day and is not subject to a fine or imprisonment under this subdivision if 1 or more of the following requirements are met: (i) The inspector of election, clerk, or other election official notifies the board of election commissioners or other officers in charge of elections of his or her the inability to serve at the time and place specified, 3 days or more before the election. (ii) The inspector of election, clerk, or other election official is excused from duty by the board of election commissioners or other officers in charge of elections for cause shown. (g) (h) A person An individual shall not willfully fail to perform a duty imposed upon that person individual by this act , or disobey a lawful instruction or order of the secretary of state as chief state election officer or of a board of county election commissioners, board of city election commissioners, or board of inspectors of election. (h) (i) A delegate or member of a convention shall not solicit a candidate for nomination before the convention for money, reward, position, place, preferment, or other valuable consideration in return for support by the delegate or member in the convention. A candidate or other person individual shall not promise or give to a delegate money, reward, position, place, preferment, or other valuable consideration in return for support by or vote of the delegate in the convention. (i) (j) A person An individual elected to the office of delegate to a convention shall not accept or receive any money or other valuable consideration for his or her the individual's vote as a delegate. (j) (k) A person An individual shall not, while the polls are open on an election day, solicit votes in a polling place or within 100 feet from an entrance to the building in which a polling place is located. (k) (l) A person An individual shall not keep a room or building for the purpose, in whole or in part, of recording or registering bets or wagers, or of selling pools upon on the result of a political nomination, appointment, or election. A person An individual shall not wager property, money, or thing of value, or be the custodian of money, property, or thing of value , staked, wagered, or pledged upon on the result of a political nomination, appointment, or election. (l) (m) A person An individual shall not participate in a meeting or a portion of a meeting of more than 2 persons, individuals, other than the person's individual's immediate family, at which an absent voter ballot is voted. (m) (n) A person, An individual, other than an authorized election official, shall not, either directly or indirectly, give, lend, or promise any valuable consideration to or for a person an individual to induce that person individual to both distribute absent voter ballot applications to voters electors and receive signed absent voter ballot applications from voters electors for delivery to the appropriate clerk. (2) A person An individual who violates a provision of this act for which a penalty is not otherwise specifically provided in this act , is guilty of a misdemeanor. (3) A person or a person's agent who knowingly makes, publishes, disseminates, circulates, or places before the public, or knowingly causes directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, either orally or in writing, an assertion, representation, or statement of fact concerning a candidate for public office at an election in this state, that is false, deceptive, scurrilous, or malicious, without the true name of the author being subscribed to the assertion, representation, or statement if written, or announced if unwritten, is guilty of a misdemeanor. (3) (4) As used in this section, "valuable consideration" includes, but is not limited to, money, property, a gift, a prize or chance for a prize, a fee, a loan, an office, a position, an appointment, or employment. Enacting section 1. Section 579 of the Michigan election law, 1954 PA 116, MCL 168.579, is repealed. Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 401 of the 102nd Legislature is enacted into law. |
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