Summer Legislative Update
Proposal 2 Implementation Bills Sent to Governor
A series of bills implementing the provisions of Proposal 22-2 cleared the state Legislature and have been sent to the Governor for signature. Proposal 22-2 was passed by the voters in November 2022 and includes many new rights for voters, including nine days of early voting before each state and federal election. The MAMC Legislative Committee actively reviewed legislation to implement the new voter rights and participated in negotiations with other stakeholders.
The main bill, Senate Bill 367, was introduced by Sen. Jeremy Moss (D-Oakland County) and lays out the process for implementing the early voting provisions. Under the legislation, municipalities can elect to provide their own early voting center(s), combine with other municipalities within the same county to offer a multi-jurisdictional early voting center(s) or enter into an agreement with the county clerk to coordinate a county-run early voting center(s) for those participating municipalities. It is important to note that participation by a county clerk is optional and not required under Proposal 22-2. Among other requirements, the agreements will name a clerk to serve as the coordinator, address early voting location(s), the days and hours of operation, the voter communication plan, appointment of inspectors, security of the equipment and the responsibilities of each participating clerk.
The bill requires that under any option, each municipal clerk must file an early voting plan with the county clerk not later than 120 days before the first state or federal election in even-numbered years. Municipalities entering into a multi-jurisdictional or county agreement would only need to submit one early voting plan for those participating municipalities. At a minimum, each agreement shall cover all the state and federal elections held in an even-numbered year and participating clerks would not be able to withdraw from an agreement until after the canvass of the last state or federal election in that calendar year.
Other bills passed implementing provisions of Proposal 22-2 include:
HB 4697 of 2023
Implements the requirement that each municipality have one drop box per 15,000 registered electors and other dropbox requirements, including video monitoring.
HB 4699 of 2023
Implements the provision allowing for voters to elect to permanently receive ballots by mail for each subsequent election without having to submit an application each year or for each election.
SB 339 of 2023
Implements the requirement that voters be able to track the status of their mail ballot through a website maintained by the Department of State.
SB 373 of 2023
Proposal 22-2 allows for identification from an educational institution to be valid for establishing a person’s identity. The bill defines an educational institution as a public or private institution, or a separate school or department of a public or private institution, that is authorized by law or an accrediting body to grant or issue a diploma, degree, certificate, or license, or to grant approval to practice a profession or engage in an enterprise, and includes, but is not limited to, an academy, high school, college, university, community college, junior college, secondary school, extension course, or a business, nursing, professional, secretarial, technical, or vocational school.
SB 370 of 2023
Implements the provisions of Proposal 22-2 requiring the state to provide voters postage-paid return envelopes voters to return applications to vote absentee. Additionally, the bill makes modifications to the application process for absent voters and provides for a three-day cure after the election for any returned ballot received on or before election day that is rejected by the clerk for a signature that is either missing or does not sufficiently agree with the signature on file.
Legislature Funds Prop 2 Implementation
The Fiscal Year 2023-24 budget includes an additional $46 million for implementation of various provisions of Proposal 22-2. The language in the budget specifically states that the funding allocated is to be used to implement the provisions and requirements of Proposal 22-2 including, but not limited to, early voting, drop-boxes, pre-paid postage, absent voter ballot tracking, and a permanent absent voter list. The $46 million is in addition to $11.5 million appropriated earlier this year to fund drop-boxes and security cameras. Another $20 million was appropriated to reimburse clerks for costs related to the 2024 Presidential Primary.
Of the $46 million appropriated, up to $30 million can be used to provide incentive grants to counties to coordinate and implement early voting for the jurisdictions within their countykirs in the most efficient manner possible. The MDOS is required to establish the guidelines for the grants to counties that maximize multi-jurisdictional coordination and the accessibility of early voting through initiatives that address planning, staffing, facilities, equipment, and other needs for implementation in a manner that provides for efficient election administration within the county.
MOVE Changes Signed
Ballots from military and overseas voters postmarked on or before election day and received by the local clerk within six days after election day must be accepted and tabulated under legislation signed by Governor Witmer. Public Act 25 of 2023, introduced by Sen. Paul Wojno (D-Warren), implements the constitutional provision contained in Proposal 22-2 which allows MOVE ballots to be received after the election and still tabulated. On the seventh day after the election, the local clerk must deliver those ballots to the county clerk to be opened, processed, and tabulated at an open meeting of the board of canvassers. The new law defines a "postmark" as any type of mark applied by the United States Postal Service or any delivery service to the absent voter ballot return envelope, including, but not limited to, a bar code or any tracking marks that indicate when a ballot was mailed. The bill was given immediate effect.
Precinct Size Increases Under Bill Sent to Governor
Clerks would be permitted to increase the number of electors in a precinct under legislation passed in June. HB 4702 of 2023, introduced by Rep. Penelope Tsernoglou (D-Ingham County), increases the maximum precinct size to 5,000 active registered voters from the current cap of 2,999. The intent of the legislation is to provide more flexibility to local clerks by recognizing the voter shifts away from election day voting to voting by mail and early voting.
Prez Primary Date Still in Limbo
As previously reported, Governor Whitmer signed legislation in January moving the Presidential Primary from the second Tuesday in March to the last Tuesday in February beginning in 2024. However, Public Act 2 of 2023 did not receive the number of votes in the Senate for “immediate effect” to be granted. Without immediate effect, the law won’t take effect until the 91st day after the Legislature adjourns “sine die.” Unless the Legislature adjourns earlier than normal, this means the bill would not take effect until late March—after either presidential primary.
An immediate effect vote in the Senate requires a two-thirds majority vote of those Senators elected and serving, which means at least seven Republicans would have needed to vote to grant immediate effect. Republicans withheld the immediate effect vote because the Republican National Committee has not granted the Michigan GOP authority to move its primary earlier than March 1, 2024 or risk losing 80 percent of its delegates to their national convention. The Legislature could adjourn earlier than usual to allow time for the 90-day clock to start ticking or negotiate an immediate effect vote with the Republicans.
A February 27, 2024 presidential primary made a lot more sense when speculation was rampant that President Biden would not run for re-election paving the way for a crowded primary and placing the Michigan date at a more pivotal time to impact the Democratic primary field. However, with President Biden declaring for re-election, an earlier primary date in Michigan may be moot anyway.