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SENATE BILL NO. 1054
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 2, 509aa, 759, 759a, and 761 (MCL 168.2,
168.509aa, 168.759, 168.759a, and 168.761), section 2 as amended by
2024 PA 74, section 509aa as amended by 2023 PA 86, section 759 as
amended by 2023 PA 270, section 759a as amended by 2023 PA 193, and
section 761 as amended by 2023 PA 82, and by adding section 758;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
June 23, 2026, Introduced by Senators LINDSEY, MCBROOM, LAUWERS, DALEY and
BELLINO and referred to Committee on Elections and Ethics.
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Sec. 2. As used in this act:
(a) "Absent voter" is a voter who utilizes the process
described defined in section 759.758.
(b) "Absent voter ballot" means a ballot that is issued to a
voter through the absent voter process.
(c) "Ballot container" is defined in section 14a.
(d) "Ballot question committee" means that term as defined in
section 2 of the Michigan campaign finance act, 1976 PA 388, MCL
169.202.
(e) "Business day" or "secular day" means a day that is not a
Saturday, Sunday, or legal holiday.
(f) "Change the result of the election" means either of the
following:
(i) Elect a different candidate.
(ii) Result in the opposite outcome for a ballot question.
(g) "Clearly observable boundaries" is defined in section
654a.
(h) "Common carrier" means a company that transports mail, on
reasonable request, on regular routes and at set rates.
(i) "Educational institution" means a public or private
institution, or a separate school or department of a public or
private institution, that is authorized by law or an accrediting
body to grant or issue a diploma, degree, certificate, or license,
or to grant approval to practice a profession or engage in an
enterprise, and includes, but is not limited to, an academy, high
school, college, university, community college, junior college,
secondary school, extension course, or a business, nursing,
professional, secretarial, technical, or vocational school.
(j) "Election" means an election or primary election at which
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the electors of this state or of a subdivision of this state choose
or nominate by ballot an individual for public office or decide a
ballot question lawfully submitted to them.
(k) "Election precinct" is defined in section 654.
(l) "Fall" state and county conventions and "spring" state and
county conventions are assigned meanings in section 596.
(m) "General election" or "general November election" means
the election held on the November regular election date in an even
numbered year.
(n) "Identification for election purposes" means, if issued to
the individual presenting the card or document and if presented for
voting purposes the name on the card or document sufficiently
matches the individual's name in the individual's voter
registration record so as to accurately identify the individual as
the registered elector, or if issued to the individual presenting
the card or document and if presented for voter registration
purposes, any of the following:
(i) An operator's or chauffeur's license issued under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an
enhanced driver license issued under the enhanced driver license
and enhanced official state personal identification card act, 2008
PA 23, MCL 28.301 to 28.308.
(ii) An official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, or an enhanced official
state personal identification card issued under the enhanced driver
license and enhanced official state personal identification card
act, 2008 PA 23, MCL 28.301 to 28.308.
(iii) A current operator's or chauffeur's license issued by
another state.
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(iv) A current state personal identification card issued by
another state.
(v) A current state government issued photo identification
card.
(vi) A current United States passport or federal government
issued photo identification card.
(vii) A current military photo identification card.
(viii) A current tribal photo identification card.
(ix) A current photo identification card issued by a local
government.
(x) A current student photo identification card issued by an
educational institution.
(o) "Immediate family" means an individual's father, mother,
son, daughter, brother, sister, and spouse and a relative of any
degree residing in the same household as that individual.
Sec. 509aa. (1) A clerk may use change of address information
supplied by the United States Postal Service or other reliable
information received by the clerk that identifies registered
electors whose addresses may have changed as provided in this
section.
(2) On receipt of reliable information that a registered
elector has moved the elector's residence within the city or
township, the clerk shall send by forwardable mail all of the
following to the elector:
(a) A notice that the clerk has received information
indicating that the elector has moved the elector's residence
within the city or township.
(b) A postage prepaid and preaddressed return card on which
the elector may verify or correct the address information.
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(c) A notice explaining that, if the address information is
correct and the elector has moved the elector's residence within
the city or township, the elector should complete and return the
card to the clerk with a postmark of 30 days or more before the
date of the next election. If the elector has moved the elector's
residence within the city or township and does not complete and
return the card to the clerk with a postmark of 30 days or more
before the date of the next election, the elector will be required
to vote in the elector's former precinct of residence in the city
or township. The elector will also be required to submit an address
correction before being permitted to vote.
(3) On the receipt of reliable information that a registered
elector has moved the elector's residence to another city or
township, the clerk shall send by forwardable mail all of the
following to the elector:
(a) A notice that the clerk has received information
indicating that the elector has moved the elector's residence to
another city or township.
(b) A postage prepaid and preaddressed return card on which
the elector may verify or correct the address information.
(c) A notice containing all of the following information:
(i) If the address information is incorrect and the elector has
not moved to another city or township and wishes to remain
registered to vote, the elector should complete and return the card
to the clerk with a postmark of 30 days or more before the date of
the next election. If the card is not completed and returned with a
postmark of 30 days or more before the date of the next election,
the elector may be required to affirm the elector's current address
before being permitted to vote. Further, if the elector does not
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vote in an election within the period beginning on the date of the
notice and ending on the first business day immediately following
the second November general election that is held after the date on
the notice, the registration of the elector will be canceled and
the elector's name will be removed from the registration record of
that city or township.
(ii) If the elector has moved the elector's residence to
another city or township, information on how the elector can become
registered to vote at the next election in the elector's new city
or township.
(4) If a notice sent under subsection (2) or (3) is returned
to the clerk by the post office as undeliverable, the clerk shall
identify the registration record of an elector as challenged as
provided in this act. The clerk shall instruct the board of
election inspectors to challenge that elector at the first election
at which the elector appears to vote. If in response to the
challenge the elector indicates that the elector resides at the
registration address or has changed addresses within the city or
township, the elector must be permitted to vote a regular ballot
rather than a challenged ballot. The elector shall complete a
change of address form at the polling place, if applicable. If the
elector does not appear to vote in an election within the period
beginning on the date of the notice and ending on the first
business day immediately following the second November general
election that is held after the date of the notice, the clerk shall
cancel the registration of the elector and remove the elector's
name from the registration record of the city or township.
(5) If the department of state receives notice that a
registered elector has moved out of state by receiving a
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surrendered Michigan driver license of that registered elector, the
secretary of state shall send by forwardable mail all of the
following to the elector:
(a) A notice that the secretary of state has received
information indicating that the elector has moved the elector's
residence to another state.
(b) A postage prepaid and preaddressed return card on which
the elector may verify or correct the address information.
(c) A notice providing that if the address information is
incorrect and the elector has not moved to another state and wishes
to remain registered to vote, the elector should complete and
return the card to the secretary of state with a postmark of 30
days or more before the date of the next election. If the card is
not completed and returned with a postmark of 30 days or more
before the date of the next election, the elector may be required
to affirm the elector's current address before being permitted to
vote. Further, if the elector does not vote in an election within
the period beginning on the date of the notice and ending on the
first business day immediately following the second November
general election that is held after the date on the notice, the
registration of the elector will be canceled and the elector's name
will be removed from the qualified voter file.
(6) A notice sent to an elector under subsection (2), (3), or
(5) must include a warning to the elector that any prior absent
voter ballot application submitted by the elector for all future
elections is rescinded and the elector will not be sent an absent
voter ballot for any future elections unless the elector submits a
new absent voter ballot application.
Sec. 758. (1) For the purposes of this act, "absent voter"
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means a qualified and registered elector who meets 1 or more of the
following requirements:
(a) On account of physical disability, cannot without
another's assistance attend the polls on the day of an election.
(b) On account of the tenets of the elector's religion, cannot
attend the polls on the day of an election.
(c) Cannot attend the polls on the day of an election in the
precinct in which the elector resides because of being an election
precinct inspector in another precinct.
(d) Is 60 years of age or older.
(e) Is absent or expects to be absent from the township or
city in which the elector resides during the entire period the
polls are open for voting on the day of an election.
(f) Cannot attend the polls on election day because of being
confined in jail awaiting arraignment or trial.
(2) Subsection (1) does not apply to an individual who has
moved outside of this state, regardless of the length of the
individual's residence outside of this state, and who no longer
maintains an actual residence in this state. The storage of
personal effects or household goods, the ownership of property that
is rented or leased to others, or occasional brief visits to a
former domicile in this state while residing outside of this state
for most of the year do not constitute a residence for voting
purposes in this state, except for each of the following:
(a) An individual described in section 1 of article II of the
state constitution of 1963 and statutes enacted under that section.
(b) An individual described in section 759a.
Sec. 759. (1) A registered elector who qualifies to vote as an
absent voter, as that term is defined in section 758, may apply for
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an absent voter ballot in any of the following ways:
(a) By a written request signed by the elector stating the
statutory grounds for making the application.
(b) On an absent voter ballot application form as provided for
in this section.
(c) On a federal postcard application.
(d) Using an online absent voter ballot application as
provided by the secretary of state.
(2) A registered elector who qualifies to vote as an absent
voter, as that term is defined in section 758, may submit an absent
voter ballot application in any of the following ways:
(a) By mail or email to the clerk of the city or township in
which the elector resides.
(b) By using the online absent voter ballot application as
provided by the secretary of state.
(c) Until 4 p.m. on the day before election day, in person to
the clerk of the city or township in which the elector resides.
(d) On election day, in person until 8 p.m. to the clerk of
the city or township in which the elector resides, but only if the
elector is registering to vote or updating the elector's voter
registration address. An elector who submits an absent voter ballot
application under this subdivision must complete the elector's
absent voter ballot in the city or township clerk's office.
(3) An elector must sign the absent voter ballot application.
The digital image of an elector's signature from a Michigan driver
license or official Michigan personal identification card record,
or an electronic image of an elector's physical signature, is an
acceptable signature for the absent voter ballot application. An
absent voter ballot application that is submitted and missing a
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signature is subject to the requirements of sections 761 and 766a.
(4) An absent voter ballot application submitted before a
primary election may be for either that primary election only, or
for that primary election and for each election that follows the
primary election in that year. An absent voter ballot application
submitted before a presidential primary election may be for that
presidential primary election only, or for that presidential
primary election and for each election that follows the
presidential primary election in that year.
(5) A registered elector has the right to have an absent voter
ballot sent to that elector before each election by submitting a
single, signed absent voter ballot application that covers all
future elections.
(5) (6) An individual may submit a voter registration
application and an absent voter ballot application at the same
time. Immediately after the voter registration application for that
individual is approved, the clerk must verify the absent voter
ballot application and issue an absent voter ballot to that
individual as provided under section 761.
(6) An individual who submits a voter registration application
and an absent voter ballot application at the same time and in
person on the day of an election must vote the absent voter ballot
at the city or township clerk's office.
(7) The clerk of a city or township shall have absent voter
ballot application forms available in the clerk's office at all
times. The clerk of a city or township shall provide an absent
voter ballot application form to an individual on a verbal or
written request and provide the application to the individual in
person, electronically, or by United States mail, postage prepaid
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with a postage prepaid return envelope, as requested by the
individual. In addition, the secretary of state, or any county,
city, or township clerk, may provide an absent voter ballot
application to a registered elector in person, electronically, or
by United States mail, with prepaid return postage, without a
request from that registered elector. The absent voter ballot
application must be in substantially the following form:
"Application for absent voter ballot for:
[ ] The primary election to be held on ___________________
(Date).
[ ] The election to be held on _______ (Date).
[ ] All future elections. Automatically send me an absent
voter ballot for each election.
(Check applicable election or elections)
I, .................................. , am a United States
citizen and a registered elector of the township of ............ or
of the city of .................................. , in the county
of .................................. and state of Michigan, and I
apply for an absent voter ballot to be voted by me at the election
or elections as requested in this application.
The statutory grounds on which I base my request are:
[ ] I expect to be absent from the community in which I am
registered for the entire time the polls are open on election day.
[ ] I am physically unable to attend the polls without the
assistance of another.
[ ] I cannot attend the polls because of the tenets of my
religion.
[ ] I have been appointed an election precinct inspector in a
precinct other than the precinct where I reside.
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[ ] I am 60 years of age or older.
[ ] I cannot attend the polls because I am confined to jail
awaiting arraignment or trial.
(Check applicable reason)
Send my absent voter ballot to me at the following address:
...........................................
(Street No. or R.R. or Designated Address)
...........................................
(Post Office) (State) (Zip Code)
My registration address is ......................................
(Street No. or R.R. or Participant
Identification Number)
......................................
(Post Office) (State) (Zip Code)
Telephone number:
Email address:
Date........................................................
I certify that I am a United States citizen and that
the statements in this absent voter ballot application
are true.
......................................
(Signature)
WARNING
You must be a United States citizen to vote. If you are not a
United States citizen, you will not be issued an absent voter
ballot.
An individual making a false statement in this absent voter
ballot application is guilty of a misdemeanor. It is a violation of
Michigan election law for an individual other than those listed in
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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 the
individual's credentials before entrusting your application with an
individual claiming to have the clerk's authorization to return
your application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is .................... and my address
is .................... ; that I am delivering the absent voter
ballot application of .................... at the applicant's
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.
_________________ _________________________________________
(Date) (Signature)"
(8) The following instructions for an applicant for an absent
voter ballot must be included with each application furnished an
applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
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 may not receive an absent voter
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ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in the postage prepaid return
envelope provided by the clerk and addressed to the clerk, or place
the application in another envelope that is addressed to the
appropriate clerk and place the necessary postage on that return
envelope, and deposit the return envelope in the United States mail
or with another 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 an individual residing in the elector'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 individual returning the application
must sign and return the certificate at the bottom of the
application.
(e) If the applicant applies using the online absent voter
ballot application as provided by the secretary of state, send the
application electronically through the qualified voter file to the
appropriate city or township clerk for processing.
(9) For a presidential primary election, the secretary of
state shall revise the absent voter ballot application form
described in subsection (7) or provide a separate form to require
that a presidential primary elector indicate a political party
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ballot selection when requesting an absent voter ballot. and
provide a separate form for a presidential primary elector who has
previously applied for an absent voter ballot to indicate or change
a political party ballot selection.
(10) An elector may request delivery of the elector's absent
voter ballot to an address that is not the elector's registration
address. In addition, an elector may request delivery of the
elector's absent voter ballot to a post office box if the post
office box is where the absent voter normally receives personal
mail, and the elector does not receive mail at the elector's
registration address.
(11) An individual shall not be in possession of a signed
absent voter ballot application except for the applicant, a member
of the applicant's immediate family, an individual residing in the
applicant's household, an individual whose job normally includes
the handling of mail, but only during the course of the
individual's 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 the applicant's absent
voter ballot application shall sign the certificate on the absent
voter ballot application.
(12) An individual who prints and distributes absent voter
ballot applications shall print on the application the warning,
certificate of authorized registered elector returning absent voter
ballot application, and instructions required by this section.
(13) An individual who makes a false statement in an absent
voter ballot application is guilty of a misdemeanor. An individual
who forges a signature on an absent voter ballot application is
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guilty of a felony. An individual 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.
(14) The absent voter ballot application of an elector who is
a program participant, as that term is defined in section 3 of the
address confidentiality program act, 2020 PA 301, MCL 780.853, is
confidential and not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(15) The secretary of state shall provide and maintain an
online absent voter ballot application that allows a qualified and
registered elector who qualifies to vote as an absent voter, as
that term is defined in section 758, to request an absent voter
ballot for an election occurring in that elector's city or
township. The online absent voter ballot application must be in
substantially the same form as the absent voter ballot application
provided under subsection (7).
(16) The online absent voter ballot application provided and
maintained by the secretary of state under subsection (15) must
provide an opportunity for an elector to use the elector's stored
digital signature on file with the secretary of state on the online
absent voter ballot application. In order to allow an elector to
use the elector's stored digital signature, the online absent voter
ballot application must verify the elector's identity and
registration status by requesting the elector's name, complete
driver license or state personal identification card number, full
date of birth, last 4 digits of the elector's Social Security
number, and eye color. A registered elector whose stored digital
signature is on file with the secretary of state must sign the
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online absent voter ballot application with that stored digital
signature. A registered elector without a stored digital signature
on file with the secretary of state may provide a manual digital
signature by uploading a photograph of the registered elector's
physical handwritten signature to the online absent voter ballot
application. A completed online absent voter ballot application,
including digital signature, must be sent electronically through
the qualified voter file to the appropriate city or township clerk
for processing. An online absent voter ballot application signed
using a stored digital signature or manual digital signature must
be processed and treated identically as an absent voter ballot
application signed with a physical handwritten signature. As used
in this subsection:
(a) "Manual digital signature" means a digitally captured
image of an elector's handwritten signature.
(b) "Stored digital signature" means the image of a registered
elector's signature captured by the department of state and
maintained in the department of state's motor vehicle database.
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, or township shall
electronically transmit a blank voter registration application or
blank absent voter ballot application to the voter. The clerk of a
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county, city, or township 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 must 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, 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 or an application from
the official United States Department of Defense website is filed,
the clerk shall accept the federal postcard application or the
application from the official United States Department of Defense
website as the registration application and shall not send any
additional registration forms to the applicant. Subject to
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subsection (18), 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 must 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,
or township 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, or township shall
electronically transmit an absent voter ballot to the voter. Except
as otherwise provided in this subsection, the voter shall print the
absent voter ballot and return the voted ballot by mail to the
appropriate clerk. Subject to subsection (17), beginning September
1, 2025, a member of a uniformed service on active duty, by reason
of being on active duty, or a member of the merchant marine, by
reason of service in the merchant marine, who is absent from the
United States and does not expect to return to the residence where
the member is otherwise qualified to vote before an election may
electronically return a voted ballot to the appropriate city or
township clerk to be counted under the rules promulgated by the
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secretary of state as set forth in subsection (17).
(7) The secretary of state shall prescribe electronic absent
voter ballot formats and electronic absent voter ballot
transmission methods. Each county, city, or township 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 an 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 an 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 must be included in the
certificate signed by the absent voter who obtained an 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 must include the proper
procedures for returning the absent voter ballot to the appropriate
clerk.
(9) The size of a precinct must not be determined by
registration forms completed under this section.
(10) An absent uniformed services voter or an overseas voter
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who submits an absent voter ballot application is eligible to vote
as an absent voter in any local, state, or federal election
occurring in the calendar year in which the election is held for
that ballot requested if the absent voter ballot application is
received by the county, city, or township clerk not later than 2
p.m. of the Saturday before the election. 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 email 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, the state director of elections shall approve a ballot form
and registration procedures for absent uniformed services voters
and overseas voters.
(13) An absent uniformed services voter or an overseas voter
may use the federal write-in absentee ballot, in accordance with
the provisions of the uniformed and overseas citizens absentee
voting act, at a regular election or special election to vote for a
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local, state, or federal office or on a ballot question. Except as
otherwise provided in this subsection, an absent uniformed services
voter or an overseas voter who uses the federal write-in absentee
ballot shall return the voter's voted federal write-in absentee
ballot by mail to the appropriate clerk. Subject to subsection
(17), beginning September 1, 2025, a member of a uniformed service
on active duty, by reason of being on active duty, or a member of
the merchant marine, by reason of service in the merchant marine,
who is absent from the United States and does not expect to return
to the residence where the member is otherwise qualified to vote
before an election may electronically return a voted ballot to the
appropriate city or township clerk to be counted under the rules
promulgated by the secretary of state as set forth in subsection
(17). The state bureau of elections shall do both of the following:
(a) Make the ballot format for each election available to
absent uniformed services voters and overseas voters by email or on
an internet website maintained by the department of state.
(b) Make the ballot information, including the offices, names
of candidates, and ballot proposals, for each election available to
absent uniformed services voters and overseas voters on an internet
website maintained by the department of state.
(14) The clerk of a city or township shall submit to the
county clerk of the county in which that city or township is
located a written statement no later than 45 days before each
election indicating whether absent voter ballots were issued to
absent uniformed services voters or overseas voters in compliance
with this section and the uniformed and overseas citizens absentee
voting act. The city or township clerk shall provide to the county
clerk a written explanation describing remedial actions taken by
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the city or township clerk if the city or township clerk fails to
comply with this section and the uniformed and overseas citizens
absentee voting act. Not later than 42 days before each election,
each county clerk shall submit to the state bureau of elections a
written report compiled from the written statements submitted by
the city and township clerks. The written report must identify the
cities and townships that complied with the 45-day deadline under
this subsection, the cities and townships that did not comply with
the 45-day deadline under this subsection, but provided a written
explanation, and those cities and townships that did not comply
with the 45-day deadline under this subsection and that did not
provide a written explanation. The state bureau of elections may
require the clerk of a city or township that did not comply with
the 45-day deadline under this subsection, but provided a written
explanation, to provide additional information. The state bureau of
elections shall require the clerk of a city or township that did
not comply with the 45-day deadline and that did not provide a
written explanation to file a written explanation, describing the
remedial actions taken by the city or township clerk, within 1
business day after the state bureau of elections notifies the clerk
of that city or township.
(15) 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.
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(16) The secretary of state shall order a city or township
clerk to extend the ballot receipt deadline for any absent voter
ballots under this section that were not transmitted to an absent
uniformed services voter or overseas voter in compliance with
subsection (5). The extension must equal the total number of days
beyond the deadline as provided in subsection (5) that the city or
township clerk transmitted the requested absent voter ballots.
These absent voter ballots received during the extension time must
be counted and tabulated for the final results of the election
provided that the absent voter ballots are executed and sent by the
close of the polls on election day. The election may be formally
certified before the end of the extension time if the number of
outstanding absent voter ballots under this subsection will not
alter the outcome of the election.
(17) The secretary of state shall promulgate rules that
establish policies and procedures for the electronic return of
voted ballots by eligible members. In promulgating rules that
establish the policies and procedures for the electronic return of
voted ballots by eligible members, the secretary of state shall
require an eligible member to use a United States Department of
Defense verified electronic signature, as that term is defined in
section 18a, so that the identity of the eligible member can be
verified utilizing those policies and procedures. A member who is
unable or unwilling to provide a United States Department of
Defense verified electronic signature is not eligible to
electronically return a voted ballot. The secretary of state shall
take reasonable steps to ensure the integrity and secrecy of voted
ballots returned electronically. The secretary of state may develop
and maintain a secure web portal on the secretary of state's
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website to facilitate the electronic return of voted ballots by
eligible members. Only the secretary of state or the secretary of
state's duly authorized agent, a city or township clerk, the
clerk's deputy clerk, or a sworn member of the clerk's staff is
authorized to access the secure web portal on the secretary of
state's website. No later than September 1, 2025, the secretary of
state shall promulgate rules pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to
implement this subsection. As used in this subsection, "eligible
member" means a member of a uniformed service on active duty or a
member of the merchant marine, as described in subsection (6) or
(13).
(18) If the absent voter ballot return envelope containing a
marked absent voter ballot for an absent uniformed services voter
or overseas voter is postmarked on or before election day and the
absent voter ballot is received by mail by the city or township
clerk within 6 days after the election, the city or township clerk
shall consider that absent voter ballot timely received. If the
absent voter ballot return envelope containing a marked absent
voter ballot for an absent uniformed services voter or overseas
voter is received by mail by the city or township clerk within 6
days after the election and the postmark on the absent voter ballot
return envelope is missing or unclear, the city or township clerk
shall deliver that absent voter ballot return envelope to the clerk
of the county in which the city or township is located as provided
in this subsection and that county clerk shall determine whether
that absent voter ballot was timely received. Not later than the
seventh day after election day, each city or township clerk shall,
without opening the absent voter ballot return envelopes, deliver
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the absent voter ballots received within 6 days after the election
as provided under this subsection to the clerk of the county in
which the city or township is located. If the postmark on the
absent voter ballot return envelope is missing or unclear, and if
the county clerk determines that the absent voter ballot return
envelope or the voter certificate inside the absent voter ballot
return envelope is dated on or before election day by the absent
uniformed services voter or overseas voter, the county clerk shall
consider that absent voter ballot as timely received. The absent
voter ballots considered timely received as provided under this
subsection shall be tabulated by the county clerk in a meeting of
the board of county canvassers. As used in this subsection,
"postmark" means any type of mark applied by the United States
Postal Service or any delivery service to the absent voter ballot
return envelope, including, but not limited to, a bar code or any
tracking marks that indicate when a ballot was mailed.
(19) 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.
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(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) An individual who resides outside of the United States and
is qualified to vote in the last place in which the individual was
domiciled before leaving the United States.
(iii) An individual 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 the individual was
domiciled before leaving the United States.
(d) "Uniformed services" means the Army, Navy, Air Force,
Marine Corps, Space Force, or Coast Guard, the Commissioned Corps
of the Public Health Service, the Commissioned Corps of the
National Oceanic and Atmospheric Administration, a reserve
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component of a uniformed service, or the Michigan National Guard as
that term is defined in section 105 of the Michigan military act,
1967 PA 150, MCL 32.505.
Sec. 761. (1) If the clerk of a city or township receives an
application for an absent voter ballot, the clerk must immediately
determine if the applicant is registered to vote in that city or
township, if the applicant is qualified to vote as an absent voter,
as that term is defined in section 758, and if the signature on the
application agrees sufficiently with the signature on file for the
individual as required in subsection (2). The clerk must
immediately, upon verification of the application or, if the
application is received and verified before the printing of the
absent voter ballots, as soon as the absent voter ballots are
received by the clerk, forward by mail, postage prepaid, or deliver
the absent voter ballot to the applicant. The clerk must include
with the absent voter ballot a postage prepaid absent voter ballot
return envelope. A clerk shall not send an absent voter ballot to
an applicant by first-class mail after 5 p.m. on the fourth day
before an election. If the clerk of a city or township receives an
application for an absent voter ballot from an applicant who is a
program participant, as that term is defined in section 3 of the
address confidentiality program act, 2020 PA 301, MCL 780.853, then
the city or township clerk shall mail an absent voter ballot to
that program participant at the designated address provided to that
program participant by the department of the attorney general under
the address confidentiality program act, 2020 PA 301, MCL 780.851
to 780.873. If the clerk of a city or township receives an absent
voter ballot application after the deadline for a clerk to mail an
absent voter ballot by first-class mail to the applicant under this
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subsection, and the clerk does not otherwise promptly provide the
applicant with the absent voter ballot, the clerk must immediately
notify the applicant that the applicant's absent voter ballot
application was rejected as not timely received and notify the
applicant of the alternative methods of voting available for that
election. The clerk must notify the applicant by telephone, email,
or text message, if available. In the absence of the applicant's
telephone number or email address, the clerk must notify the
applicant by United States mail. The clerk may also provide notice
to the applicant by any other available methods of contact.
Electronic notification of the rejection of the application under
section 764c that provides the information required by this
subsection constitutes sufficient notification to the applicant.
However, an absent voter ballot application that is rejected must
still be processed for any future elections indicated on that
absent voter ballot application. If a county clerk receives an
application for an absent voter ballot from an individual, the
county clerk shall immediately forward that absent voter ballot
application to the appropriate city or township clerk where that
individual resides. If a city or township clerk receives an
application for an absent voter ballot from an individual who is
registered to vote in a different city or township, that clerk must
immediately contact the individual to determine where the
individual resides and should be registered to vote. If the city or
township clerk determines that the individual is registered to vote
in a different city or township, the city or township clerk must
electronically forward the application to the clerk of the city or
township in which the individual is registered.
(2) The signature on file must be used to determine the
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genuineness of a signature on an application for an absent voter
ballot. Signature comparisons must be made using the procedures
required under section 766a. If the clerk of a city or township
rejects an absent voter ballot application because the signature on
the absent voter ballot application does not agree sufficiently
with the signature on file or because the elector failed to sign
the absent voter ballot application, the applicant must be provided
notice and the opportunity to cure the deficiency as provided under
section 766a. The notice must inform the applicant that the
applicant must cure the deficiency by 4 p.m. on the fourth day
before the election in order to receive an absent voter ballot by
first-class mail. If the applicant cures the deficiency as provided
under section 766a by 4 p.m. on the fourth day before the election,
the clerk must immediately send an absent voter ballot and a
postage prepaid absent voter ballot return envelope to the
applicant as provided under subsection (1).
(3) Except as otherwise provided in this subsection, and
except for ballots delivered pursuant to an emergency absent voter
ballot application under section 759b, absent voter ballots must be
mailed or delivered to the applicant at the applicant's
registration address unless the applicant requests that the absent
voter ballot be sent to a different address as provided on the
applicant's absent voter ballot application. In addition, a clerk
may mail or deliver an absent voter ballot, on request of the
applicant, to a post office box if the post office box is where the
applicant normally receives personal mail and the applicant does
not receive mail at the applicant's registration address. Subject
to subsections (6) and (7), an absent voter ballot may be delivered
to an applicant in person at the clerk's office.
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(4) The clerk shall enclose with the ballot a postage prepaid
return envelope properly addressed to the clerk and bearing on the
back of the return envelope a printed statement in substantially
the following form:
TO BE COMPLETED
BY THE CLERK
___________________________ ___________________________
Name of Voter Street Address or R.R. or
Program Participant
Identification Number
___________________________ ___________________________
City or Township County
Ward ______ Precinct ______ Date of Election _____________
==================================================================
TO BE COMPLETED BY THE ABSENT VOTER
I assert that I am a United States citizen and a registered
elector of the city or township named above. I am voting as an
absent voter in conformity with state election law. Unless
otherwise indicated below, I personally marked the ballot enclosed
in this envelope without exhibiting it to any other individual.
I further assert that this absent voter ballot is being
returned to the clerk or an assistant of the clerk by me
personally; by public postal service, express mail service, parcel
post service, or other common carrier; by a member of my immediate
family; or by an individual residing in my household.
DATE:______________ SIGN HERE X_____________________________
Signature of Absent Voter
The above form must be signed or your vote may not be counted.
AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY
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OF A MISDEMEANOR.
==================================================================
TO BE COMPLETED ONLY IF VOTER IS ASSISTED IN VOTING
BY ANOTHER INDIVIDUAL
I assisted the above named absent voter who is disabled or
otherwise unable to mark the ballot in marking the absent voter's
absent voter ballot pursuant to the absent voter's directions. The
absent voter ballot was inserted in the return envelope without
being exhibited to any other individual.
____________________ ____________________ ____________________
Signature of
Individual
Street Address City or Township
Assisting Voter or R.R.
________________________________________________________________
Printed Name of Individual Assisting Voter
AN INDIVIDUAL WHO ASSISTS AN ABSENT VOTER AND WHO KNOWINGLY MAKES A
FALSE STATEMENT IS GUILTY OF A FELONY.
==================================================================
WARNING
INDIVIDUALS WHO CAN LEGALLY BE IN POSSESSION OF AN ABSENT
VOTER BALLOT ISSUED TO AN ABSENT VOTER ARE LIMITED TO THE ABSENT
VOTER; AN INDIVIDUAL WHO IS A MEMBER OF THE ABSENT VOTER'S
IMMEDIATE FAMILY OR RESIDES IN THE ABSENT VOTER'S HOUSEHOLD AND WHO
HAS BEEN ASKED BY THE ABSENT VOTER TO RETURN THE BALLOT; AN
INDIVIDUAL WHOSE JOB IT IS TO HANDLE MAIL BEFORE, DURING, OR AFTER
BEING TRANSPORTED BY A PUBLIC POSTAL SERVICE, EXPRESS MAIL SERVICE,
PARCEL POST SERVICE, OR COMMON CARRIER, BUT ONLY DURING THE NORMAL
COURSE OF THE INDIVIDUAL'S EMPLOYMENT; AND THE CLERK, ASSISTANTS OF
THE CLERK, AND OTHER AUTHORIZED ELECTION OFFICIALS OF THE CITY OR
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TOWNSHIP. ANY OTHER INDIVIDUAL IN POSSESSION OF AN ABSENT VOTER
BALLOT IS GUILTY OF A FELONY.
(5) An absent voter who knowingly makes a false statement on
the absent voter ballot return envelope is guilty of a misdemeanor.
An individual who assists an absent voter and who knowingly makes a
false statement on the absent voter ballot return envelope is
guilty of a felony.
(6) If an elector who qualifies to vote as an absent voter, as
that term is defined in section 758, applies for an absent voter
ballot in person at a clerk's office before 4 p.m. on the day
before election day, the city or township clerk shall not issue an
absent voter ballot to that elector until the elector presents
identification for election purposes. If an elector does not have
identification for election purposes, the clerk shall inform the
elector that the elector must sign an affidavit to that effect in
front of the clerk before an absent voter ballot will be issued in
person to that elector. If an elector signs an affidavit under this
subsection, the clerk shall issue an absent voter ballot to that
elector. Except as otherwise provided in this subsection and
subsection (7), a clerk shall not issue an absent voter ballot in
person to any elector after 4 p.m. on the day before election day.
An elector who qualifies to vote as an absent voter, as that term
is defined in section 758, and who is in line at 4 p.m. on the day
before election day must be issued an absent voter ballot. This
subsection also applies to an individual who submits an absent
voter ballot application by means other than in person at a clerk's
office, but who receives that individual's absent voter ballot in
the clerk's office.
(7) An individual who registers to vote or who updates the
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individual's voter registration on election day in accordance with
section 497 may, if qualified to vote as an absent voter, as that
term is defined in section 758, apply for and complete an absent
voter ballot in person at a clerk's office on election day. The
individual shall receive the absent voter ballot, mark the absent
voter ballot in a clerk's office, and return the absent voter
ballot to the clerk in the absent voter ballot return envelope. An
individual who is in line to register to vote or to update the
individual's voter registration at 8 p.m. on election day must be
permitted to register to vote or update the individual's voter
registration, apply, if qualified to vote as an absent voter, as
that term is defined in section 758, for an absent voter ballot,
and vote the absent voter ballot after 8 p.m., including after
11:59 p.m. on election day if necessary. An individual who
registers to vote on election day and who is in line to apply for
an absent voter ballot at 8 p.m. on election day must, if qualified
to vote as an absent voter, as that term is defined in section 758,
be permitted to apply for an absent voter ballot and vote the
absent voter ballot after 8 p.m., including after 11:59 p.m. on
election day if necessary.
Enacting section 1. Sections 6, 759e, 759f, and 759g of the
Michigan election law, 1954 PA 116, MCL 168.6, 168.759e, 168.759f,
and 168.759g, are repealed.