voter registration or ballot application; requirements; spouse or dependent; electronic
transmission of ballot to voter; establishment and implementation of procedures by
secretary of state; confidentiality of electronic mailing address; approval of ballot form
and registration procedures by state director of elections; use of federal write-in absentee
ballot; report; selection of political party ballot for presidential primary election;
extension of ballot receipt deadline; promulgation of rules for electronic return of voted
ballots by eligible members; timeliness of certain absent voter ballots; definitions.
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 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.
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(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
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 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
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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 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 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
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absentee voting act. The city or township clerk shall provide to the county clerk a written
explanation describing remedial actions taken by 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.
(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
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
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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 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.
(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.
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(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 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.§ 168.759aAbsent uniformed services voter or overseas voter; electronic transmission of
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