Sec. 765b.
(1) Not later than 5 p.m. on the second Friday before an election, an elector may submit a
signed, written statement to the elector's city or township clerk requesting that the clerk do
both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(2) Upon receipt of a signed, written statement from an elector as described in subsection
(1), the city or township clerk shall mark the absent voter ballot return envelope of that elector
as "spoiled" and retain the envelope. In addition, the city or township clerk shall provide or
mail a new absent voter ballot to that elector.
(3) An elector who has returned an absent voter ballot may, before 5 p.m. on the second
Friday before an election, appear in person at the elector's city or township clerk's office to do
both of the following:
(a) Spoil the elector's absent voter ballot by submitting a signed, written statement to the
city or township clerk indicating that the elector wishes to have the elector's absent voter ballot
spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(4) Upon receipt of the signed, written statement from an elector as described in subsection
(3)(a), the city or township clerk shall mark the absent voter ballot return envelope of that
elector as "spoiled" and retain the envelope. In addition, the city or township clerk shall issue
the elector a new absent voter ballot that must be voted by the elector in the clerk's office.
(5) Not later than 5 p.m. on the Friday immediately before an election, an elector who has
lost the elector's absent voter ballot or not yet received the elector's absent voter ballot in the
mail may submit a signed, written statement to the elector's city or township clerk requesting
that the clerk do both of the following:
(a) Spoil the elector's absent voter ballot.
(b) Provide or mail a new absent voter ballot to the elector.
(6) Upon receipt of a signed, written statement from an elector as described in subsection
(5), the city or township clerk shall indicate in the qualified voter file that the original ballot is
spoiled. In addition, the city or township clerk shall provide or mail a new absent voter ballot
to that elector.
(7) An elector who has lost the elector's absent voter ballot or not yet received the elector's
absent voter ballot in the mail may, before 4 p.m. on the day before an election, except Sunday
or a legal holiday, appear in person at the elector's city or township clerk's office to do both of
the following:
(a) Spoil the elector's absent voter ballot by submitting a signed, written statement to the
city or township clerk indicating that the elector wishes to have the elector's absent voter ballot
spoiled.
(b) Vote a new absent voter ballot in the clerk's office.
(8) Upon receipt of the signed, written statement from an elector described in subsection (7)
(a), the city or township clerk shall indicate in the qualified voter file that the original ballot is
spoiled. In addition, the city or township clerk shall issue the elector a new absent voter ballot
that must be voted by the elector in the clerk's office.
(9) An elector cannot spoil a ballot that has been tabulated.
Michigan Compiled Laws Complete Through PA 9 of 2026
Rendered Thursday, April 30, 2026 Page 378 of 478 Courtesy of legislature.mi.gov§ 168.765bProcedure to spoil absent voter ballot
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