Mich. Comp. Laws » Michigan Compiled Laws / Chapter 168 / Act 116 of 1954
Michigan Compiled Laws

Mich. Comp. Laws § 168.764 (2026)

Absent voter ballot; instructions.

✓ current as of July 2026
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MICHIGAN ELECTION LAW


Act 116 of 1954


168.764 Absent voter ballot; instructions.

Sec. 764.

    In addition to the instructions provided to an absent voter under section 764a, the following ballot marking instructions for an absent voter concerning the method of voting shall be included with each absent voter ballot furnished an absent voter:

    (a) For a primary election, the ballot marking instructions as provided in section 736b.

    (b) For a general election, the ballot marking instructions as provided in section 736c.

    (c) For a nonpartisan election, the ballot marking instructions as provided in section 736d.

    (d) For a special election, the ballot marking instructions as provided in section 736e.

History: Add. 2012, Act 128, Imd. Eff. May 14, 2012

Compiler's Notes:

    Former 168.764, which pertained to instructions for absent voter ballots, was repealed by Act 261 of 1995, Eff. Mar. 28, 1996.

PopularName Notes:

Election Code
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1973–2024 · leading case: Barrow v. City of Detroit Election Comm'n, 305 Mich. App. 649 (Mich. Ct. App. 2014).
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Barrow v. City of Detroit Election Comm'n, 305 Mich. App. 649 (Mich. Ct. App. 2014). · cites it 2× “Rather, MCL 168.764 and MCL 168.764a only require the instructions to “be included” with the absentee ballots sent to voters.”
Roe v. Mobile Cnty. Appointment Bd., 676 So. 2d 1206 (Ala. 1995). “); Mich.Comp.Laws Ann. §§ 168.764, 168.764A, 168.”
Michigan All. for Retired Americans v. Sec'y of State (Mich. Ct. App. 2020). “764b(4) reduces the clerk’s responsibility to provide ballot-delivery services from a “shall” to “may” if the request for assistance is made after 5:00 p.”
20240307_C364048_37_364048.Opn.Pdf (Mich. Ct. App. 2024). “The benefit of the partisan-composition provisions of MCL 168.764(2) and MCL 168.765a(2) is conferred upon the public at large.”
Stamos v. Genesee Cnty. Bd. of Canvassers, 208 N.W.2d 551 (Mich. Ct. App. 1973). “MCLA 168.764; MSA 6.1764 (§764 of the Michigan Election Law) provides, inter alia, that the following instructions be furnished to each absent voter by the clerk: '* ’Place the necessary postage upon the envelope and deposit the same in the post office or in some government…”
— Mich. Comp. Laws § 168.764(2) — 1 case
20240307_C364048_37_364048.Opn.Pdf (Mich. Ct. App. 2024). “The benefit of the partisan-composition provisions of MCL 168.764(2) and MCL 168.765a(2) is conferred upon the public at large.”
— Mich. Comp. Laws § 168.764(4) — 1 case
Michigan All. for Retired Americans v. Sec'y of State (Mich. Ct. App. 2020). “764b(4) reduces the clerk’s responsibility to provide ballot-delivery services from a “shall” to “may” if the request for assistance is made after 5:00 p.”
— Mich. Comp. Laws § 168.764(c) — 1 case
Barrow v. City of Detroit Election Comm'n, 305 Mich. App. 649 (Mich. Ct. App. 2014). “Rather, MCL 168.764 and MCL 168.764a only require the instructions to “be included” with the absentee ballots sent to voters.”
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