2023 Senate Bill 367 / Public Act 81

Elections: voting procedures; early voting procedures; provide for, allow processing and tabulation of absent voter ballots during the early voting period, and allow an absent voter to tabulate the absent voter's ballot in person at a polling place or early voting site.

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 sections 570, 662, 668b, 674, 736b, 736c, 736d, 736e, 764a, 764b, 764d, 765, 765a, 765b, 768, 769, 795b, 797a, 798b, and 805 (MCL 168.570, 168.662, 168.668b, 168.674, 168.736b, 168.736c, 168.736d, 168.736e, 168.764a, 168.764b, 168.764d, 168.765, 168.765a, 168.765b, 168.768, 168.769, 168.795b, 168.797a, 168.798b, and 168.805), section 570 as amended by 2017 PA 113, section 662 as amended by 2022 PA 219, section 668b as added by 2018 PA 614, sections 674 and 764b as amended by 2018 PA 120, sections 736b, 736c, 736d, and 736e as amended by 2018 PA 190, section 764a as amended by 2023 PA 25, section 764d as added by 2020 PA 95, sections 765 and 765b as amended by 2022 PA 195, section 765a as amended by 2020 PA 177, section 769 as amended by 1995 PA 261, sections 795b and 798b as amended by 1990 PA 109, section 797a as amended by 1996 PA 583, and section 805 as amended by 2000 PA 207, and by adding sections 8, 523b, 720a, 720b, 720c, 720d, 720e, 720f, 720g, 720h, 720i, 720j, 765c, and 768a; and to repeal acts and parts of acts.

Senate Fiscal Agency Analysis

Senate Bills 367 and 368 would codify provisions of Proposal 22-2 into the Michigan Election Law. They would prescribe the process for implementing and administering the constitutionally required nine consecutive days of early voting, for eight hours per day, for each statewide and Federal election. They also would allow a municipality to set additional days and hours of early voting beyond what is constitutionally required and to use early voting for elections that were not statewide or Federal. In addition, they would allow more than one municipality to jointly conduct early voting through a municipal agreement or a county agreement and prescribe the requirements of those agreements. The bills would make disclosing an election result from an early voting site before 8 PM on election day a felony.

Introduced in the Senate

June 6, 2023

Introduced by Sen. Jeremy Moss (D-7) and 16 co-sponsors

Co-sponsored by Sens. Ed McBroom (R-38), Sam Singh (D-28), Winnie Brinks (D-29), Paul Wojno (D-10), Mary Cavanagh (D-6), Kevin Hertel (D-12), Stephanie Chang (D-3), Erika Geiss (D-1), Dayna Polehanki (D-5), Jeff Irwin (D-15), Sean McCann (D-19), Darrin Camilleri (D-4), Sue Shink (D-14), John Cherry (D-27), Kristen McDonald Rivet (D-35) and Mallory McMorrow (D-8)

Referred to the Committee on Elections and Ethics

June 13, 2023

Reported with substitute S-1

June 14, 2023

Referred to the Committee of the Whole

Reported with substitute S-1

1. Amend page 2, line 2, after ““municipality”“ by striking out “mean” and inserting “means”.

Substitute S-1 concurred in by voice vote

Amendment offered by Sen. Ed McBroom (R-38)

1 Amend page 16, line 28, after “(a)” by striking out “Issue” and inserting “Except as otherwise provided in subsection (6), issue”.

2. Amend page 18, following line 5, by inserting:

“(6) Beginning January 1, 2026, the secretary of state shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding procedures for county and municipal election officials on the administration and conduct of early voting.”.

3. Amend page 17, line 28, after “(4)” by striking out “The” and inserting “Except as otherwise provided in this subsection, the”.

4. Amend page 18, line 2, after “voting.” by inserting “Beginning January 1, 2026, the secretary of state shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for county and municipal election officials regarding the process for securing equipment and ballots at the conclusion of each day of early voting.”.

5. Amend page 21, line 7, after “(1)” by striking out “The” and inserting “Except as otherwise provided in this subsection, the”.

6. Amend page 21, line 8, after “agreement.” by inserting “Beginning January 1, 2026, the secretary of state shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding the provisions that must be included in a municipal agreement.”.

7. Amend page 25, line 16, after “(1)” by striking out “The” and inserting “Except as otherwise provided in this subsection, the”.

8. Amend page 25, line 22, after “agreement.” by inserting “Beginning January 1, 2026, the secretary of state shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, regarding the provisions that must be included in a county agreement.”.

The amendment failed by voice vote

Passed in the Senate 22 to 16 (details)

Received in the House

June 14, 2023

Referred to the Committee on Elections

June 20, 2023

Reported without amendment

June 22, 2023

Substitute H-1 offered by Rep. Penelope Tsernoglou (D-75)

The substitute passed by voice vote

June 27, 2023

Passed in the House 56 to 52 (details)

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

The motion prevailed by voice vote

Received in the Senate

June 28, 2023

Substitute H-1 concurred in 23 to 14 (details)

Motion to reconsider substitute by Sen. Sam Singh (D-28)

The motion prevailed by voice vote

The substitute concurred in 22 to 15 (details)

Signed by Gov. Gretchen Whitmer

July 19, 2023