notice; return envelope; form; statement; false statement as misdemeanor or felony;
presenting of identification for election purposes; affidavit.
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
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 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
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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 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.
(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
___________________________ ______________
Street Address or
Name of Voter Program Participa
Identification Nu
___________________________ ______________
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
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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.
SIGN HERE
DATE:______________
X_____________
Signature of Abse
The above form must be signed or your vote may not be counted.
AN ABSENT VOTER WHO KNOWINGLY MAKES A FALSE STATEMENT IS GUILTY
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
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
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.
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(6) If an elector 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 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 individual's voter registration on
election day in accordance with section 497 may 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 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 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.§ 168.761Absent voter ballots; mailing or delivering to applicant; rejection of application;
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.