2023 House Bill 4985 / Public Act 261

State: identification cards; option to decline voter registration on a state identification card application; clarify.

An act to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2021 PA 105.

House Fiscal Agency Analysis

House Bills 4983, 4984, 4985, and 4986 would modify Michigan’s automatic voter registration procedures and clarify an individual’s ability to opt out of automatic registration. The bills would take effect June 30, 2025. Currently, the Michigan Election Law requires the Secretary of State (SOS) to automatically register all qualified electors who submit applications or change of address applications for driver’s licenses or state personal ID cards (or enhanced versions of those forms of ID) to vote, as long as the elector does not opt out of registration. 1 The SOS can only register applicants who indicate on the form that they are citizens of the United States. (An applicant for a license or ID card must present documentation verifying their legal presence in the United States, identity, and Michigan residency.) The SOS must add the required information to the Qualified Voter File (QVF) and forward the name of each voter automatically registered to their respective city or township clerk. The SOS may not transmit any information to the QVF if the individual opts out of voter registration.

Introduced in the House

Sept. 14, 2023

Introduced by Rep. Emily Dievendorf (D-77) and 21 co-sponsors

Co-sponsored by Reps. Penelope Tsernoglou (D-75), Mike McFall (D-8), Dylan Wegela (D-26), Jimmie Wilson (D-32), Julie Brixie (D-73), Kara Hope (D-74), Phil Skaggs (D-80), Jason Morgan (D-23), Jim Haadsma (D-44), Felicia Brabec (D-33), Sharon MacDonell (D-56), Jasper Martus (D-69), Kristian Grant (D-82), Regina Weiss (D-6), Lori Stone (D-13), Carrie Rheingans (D-47), Joey Andrews (D-38), Natalie Price (D-5), Kelly Breen (D-21), Betsy Coffia (D-103) and Jenn Hill (D-109)

Referred to the Committee on Elections

Oct. 3, 2023

Reported with substitute H-1

Substitute H-1 concurred in by voice vote

Oct. 4, 2023

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Oct. 10, 2023

Referred to the Committee on Elections and Ethics

Nov. 1, 2023

Reported without amendment

Nov. 2, 2023

Referred to the Committee of the Whole

Reported without amendment

Passed in the Senate 20 to 18 (details)

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023