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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Compiled Laws, Chapter 168. Michigan Election Law § 168.765b - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-168-michigan-election-law/mi-comp-laws-168-765b/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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