The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5527 August 2, 1979 ELECTIONS: Application for absentee ballots SCHOOLS AND SCHOOL DISTRICTS: Applications for absentee ballots A city, township or village clerk is required to furnish an application form for an absentee ballot to each individual making the request but the statute does not preclude the clerk from furnishing more than one form if requested. The application form may be mailed to the absentee voter regardless of how the request for the form is received. Electors of school districts are entitled to vote as absent voters and may receive application forms for absentee ballots from the appropriate election officer. Honorable Alan L. Cropsey State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion concerning certain procedures associated with the distribution of application forms for absentee voting under the provisions of 1954 PA 116, Sec. 759(1), as last amended by 1975 PA 178, MCLA 168.759; MSA 6.1759. Your questions, as restated, are as follows: 1. May a city, township or village clerk limit the number of application forms for absentee voting which may be obtained by one individual? 2. May an individual request by telephone that the application forms for absentee voting be sent to persons other than himself? 3. If restrictions do exist on the number and methods of obtaining the application forms for absentee voting, are these restrictions applicable to absentee voters in school elections? 1954 PA 116, Sec. 759(1), supra, provides, in relevant part, that: 'At any time during the 75 days preceding a primary or election, but not later than 2 p.m. of the Saturday prior thereto, a voter who qualifies to vote as an absent voter, as defined in section 758 (1), may make application to the township, city, or village clerk, either in person or by mail, to vote absentee. The application may be a written request signed by the voter setting forth the statutory grounds for making the application or may be on an application form provided for that purpose by the clerk of the city, township, or village or on a federal postcard application. The clerk of the city, township, or village shall have application forms available in his office at all times and shall furnish an application form to anyone upon request. . . .' This section also includes a signature requirement and the appropriate statutory reason to be listed by an applicant who desires to make an application to vote absentee without using a printed form. The application forms which each city, township and village clerk is required to keep are prepared and printed by each local governmental unit at its expense. It is my opinion that a city, township or village clerk may limit the number of application forms provided to any one individual. 1954 PA 116, Sec. 759(1), supra, states that the clerk 'shall furnish an application form to anyone upon request.' The word 'form' is in the singular rather than in the plural. Therefore, under the requirements of the statute, a clerk need only provide one application to each individual making a request but the statute does not preclude the clerk from furnishing more than one form if requested. In answer to your second question, it is my opinion that a city, township or village clerk is not required by 1954 PA 116, Sec. 759(1), supra, to send absentee voter application forms by mail when such forms are requested by telephone regardless of who requests the form but the statute does not preclude the clerk from sending such application form by mail as requested. As to your third question, the School Code of 1976, 1976 PA 451, Sec. 1006 as added by 1978 PA 234; MCLA 380.1006; MSA 15.41006, authorizes persons in nonregistration school districts to vote by absentee ballot in accordance with provisions of 1954 PA 116; MCLA 168.1 et seq; MSA 6.1001 et seq. (2) As to registration school districts, elections conducted by such school districts must comply with 1954 PA 116, supra, as to voting by absentee voters. Therefore, in response to your third question, school election officials or election officials of municipalities conducting elections for them shall furnish applications for absentee ballots as more fully set forth in the answers to the first two questions. Frank J. Kelley Attorney General (1)
(2)
This amendatory act followed OAG, 1977-1978, No. 5012, p 8 (February 15, 1977), which asked the Legislature to clarify the rights of a nonregistration school district electors to vote by absentee ballots in school elections.