2023 House Bill 4697 / Public Act 85

Elections: absent voter ballot drop boxes; requirements for absent voter ballot drop boxes; modify.

An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 761d (MCL 168.761d), as amended by 2022 PA 195.

Senate Fiscal Agency Analysis

House Bill 4697 amends the Michigan Election Law to do the following: -- Require a city or township to install at least one absent voter ballot drop box. -- Allow voted absent ballots and absent ballot applications to be placed in a drop box. -- Require a city or township to have at least one drop box per 15,000 registered electors. -- Require the SOS to facilitate and bear the cost of the procurement, distribution, repair, and video monitoring of absent voter ballot drop boxes. -- Require a city or township clerk to use video monitoring for certain absent voter ballot drop boxes during the 75 days before an election and on election day. -- Require the clerk of each city or township to ensure that absent voter ballot drop boxes are distributed equitably throughout the city or township. -- Require a drop box to be accessible 24 hours each day during the 40 days before election day and be accessible until 8 PM on election day. -- Require an authorized individual to collect election material from a drop box beginning 35 days before an election.

Introduced in the House

June 6, 2023

Introduced by Rep. Matt Koleszar (D-22) and 21 co-sponsors

Co-sponsored by Reps. Penelope Tsernoglou (D-75), Kara Hope (D-74), Jenn Hill (D-109), Stephanie Young (D-16), Carol Glanville (D-84), Carrie Rheingans (D-47), Jimmie Wilson (D-32), Jason Morgan (D-23), Reggie Miller (D-31), Dylan Wegela (D-26), Kristian Grant (D-82), Amos O’Neal (D-94), Veronica Paiz (D-11), Sharon MacDonell (D-56), Julie Brixie (D-73), Jason Hoskins (D-18), Natalie Price (D-5), Betsy Coffia (D-103), Regina Weiss (D-6), Erin Byrnes (D-15) and Felicia Brabec (D-33)

Referred to the Committee on Elections

June 13, 2023

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

June 14, 2023

Amendment offered by Rep. Denise Mentzer (D-61)

1. Amend page 2, line 13, by striking out “and”.

2. Amend page 2, line 13, after “repair” by inserting a comma and “and video monitoring”.

3. Amend page 2, line 19, after “subsection.” by inserting “As used in this subsection, “video monitoring” does not include video data storage.”.

4. Amend page 4, line 12, by striking out all of subsection (7) and inserting:

“(7) Except as otherwise provided in this subsection, for an absent voter ballot drop box that was not ordered or installed in a city or township before October 1, 2020, the city or township clerk must use video monitoring of that absent voter ballot drop box during the 75 days before each election and on election day to ensure effective monitoring of that absent voter ballot drop box. Beginning January 1, 2026, regardless of when an absent voter ballot drop box was ordered or installed, the city or township clerk must use video monitoring of each absent voter ballot drop box during the 75 days before each election and on election day to ensure effective monitoring of each absent voter ballot drop box in the city or township.”.

The amendment passed by voice vote

Passed in the House 56 to 53 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote

Received in the Senate

June 15, 2023

Referred to the Committee on Elections and Ethics

June 27, 2023

Discharged from committee

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 28 to 9 (details)

Signed by Gov. Gretchen Whitmer

July 19, 2023