Michigan Compiled Laws
116-1954-XXVIII-ABSENT-VOTERS - Absent Voters (168.758...168.769a)
Section 168.765b - Procedure to Spoil Absent Voter Ballot.

Sec. 765b.
(1) Not later than 5 p.m. on the Friday immediately 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 Friday immediately 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.
History: Add. 2018, Act 127, Imd. Eff. May 3, 2018 ;-- Am. 2020, Act 177, Imd. Eff. Oct. 6, 2020 ;-- Am. 2022, Act 195, Imd. Eff. Oct. 7, 2022 Popular Name: Election Code

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 168 - Michigan Election Law

Act 116 of 1954 - Michigan Election Law (168.1 - 168.992)

116-1954-XXVIII - Chapter XXVIII Holding of Elections (168.641...168.799a)

116-1954-XXVIII-ABSENT-VOTERS - Absent Voters (168.758...168.769a)

Section 168.758 - Repealed. 2018, Act 603, Imd. Eff. Dec. 28, 2018.

Section 168.758a - Absent Voter Ballot for President and Vice-President; Qualifications.

Section 168.758b - Voting by Persons Confined in Jail or Prison Prohibited.

Section 168.758c - Repealed. 2003, Act 302, Eff. Jan. 1, 2005.

Section 168.759 - Application to Vote Absentee; Time; Manner; Form; Availability; Signature of Applicant; False Statement as Misdemeanor; Application Confidentiality of Program Participant.

Section 168.759a - Absent Uniformed Services Voter or Overseas Voter; Electronic Transmission of Voter Registration or Ballot Application; Requirements; Spouse or Dependent; Electronic Transmission of Ballot to Voter; Establishment and Implementation...

Section 168.759b - Emergency Absent Voters' Ballot; Application.

Section 168.759c - Absent Voter Ballot; Political Party Ballot Selection.

Section 168.760 - Absent Voters; Records, Public Inspection.

Section 168.761 - Absent Voter Ballots; Mailing or Delivering to Applicant; Rejection of Application; Order of Issuance; Numbering; Return Envelope; Form; Statement; False Statement as Misdemeanor or Felony; Presenting of Identification for Election...

Section 168.761a - Repealed. 2018, Act 120, Eff. Dec. 31, 2018.

Section 168.761b - Clerk of City or Township; Office Hours Immediately Before Election for Receiving Absent Voter Ballots; Public Notice; Additional Locations by Resolution.

Section 168.761d - Absent Voter Ballot Drop Box; Requirements; Collection of Ballots From the Drop Box; Inspections; Transportation of Absent Voter Ballot Return Envelopes.

Section 168.762 - Absent Voter Ballots; Failure to Receive Application.

Section 168.763 - Repealed. 1956, Act 37, Imd. Eff. Mar. 28, 1956.

Section 168.764 - Absent Voter Ballot; Instructions.

Section 168.764a - Instructions for Absent Voters.

Section 168.764b - Delivery and Acceptance of Absent Voter Ballots; Appointment, Oath, Credentials, and Duties of Assistants; Collection of Absent Voter Ballots; Prohibition; Noncompliance.

Section 168.764c - Ballot Tracker Program; Tracking Absent Voter Ballots Online.

Section 168.764d - Combined Absent Voter Counting Board; Establishment and Agreement; Requirements; Duties of the Bureau of Elections.

Section 168.765 - Absent Voter Ballots; Safekeeping by Clerk; Public Inspection of Applications and Lists; Delivery to Board of Election Inspectors; Voter Ballot Received After Polls Closed; Written Notice Provided by Clerk; Requirements for Pre-Proc...

Section 168.765a - Absent Voter Counting Board.

Section 168.765b - Procedure to Spoil Absent Voter Ballot.

Section 168.766 - Marked Ballot or Absent Voter Ballot; Verification.

Section 168.767 - Absent Voters' Ballots; Illegal Vote; Rejection of Ballot; Marking; Preservation.

Section 168.768 - Absent Voters' Ballots; Legal Vote; Deposit of Ballot in Box, Record.

Section 168.769 - Absent Voter Ballots; Voting in Person; Return of Ballot; Voting in Person and Absent Voter Ballot as Felony; Report.

Section 168.769a - Repealed. 2018, Act 123, Eff. Dec. 31, 2018.