2023 Senate Bill 369

Elections: absent voters; provisions regarding permanent mail ballot voters; implement, and modify certain election material retention periods.

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509aa and 811 (MCL 168.509aa and 168.811), section 509aa as amended by 2012 PA 270 and section 811 as amended by 2018 PA 603, and by adding sections 6, 759e, 759f, and 759g.

House Fiscal Agency Analysis

The bill would amend Michigan Election law to do the following: -- Allow any registered elector to become a permanent mail ballot voter by filling out a single absent voter application to receive absent voter ballots for every future election. -- Prescribe the reasons for which an absent voter application for all future elections could be rescinded by the Secretary of State (SOS) or appropriate city or township clerk. -- Require each city and township clerk to maintain and track permanent mail ballot voters. -- Require the SOS to issue instructions to clerks regarding the discontinuation of any permanent absent voter ballot application list. -- Require a city or township clerk or the SOS to notify an elector, upon the elector’s change of address, that any prior permanent voter ballot application submitted by the elector would be rescinded and the elector would not be sent an absent voter ballot unless the elector submitted a new absent voter ballot application. -- Require the SOS to prescribe the presidential primary ballot selection form and make the form available in person, by mail, and online. -- Require each city and township clerk to mail a presidential primary ballot selection form to all permanent mail ballot voters in a city or township who had not made a ballot selection for the presidential primary election at least 60 days before the election. -- Require a clerk to notify a permanent mail ballot voter of the time frame to return the ballot to receive a presidential primary election ballot if the elector had not returned the ballot selection form by the fortieth day before a presidential primary election. -- Modify the period after an election that returns would have to be preserved from two years to 22 months. -- Allow ballots containing a Federal office and all presidential primary ballot selection forms to be destroyed after 22 months.

Introduced in the Senate

June 6, 2023

Introduced by Sen. Sam Singh (D-28) and 15 co-sponsors

Co-sponsored by Sens. Jeremy Moss (D-7), 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), John Cherry (D-27), Sue Shink (D-14), 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 6, following line 17, by inserting:

“(4) The secretary of state or the appropriate city or township clerk shall rescind the absent voter ballot application for all future elections for a permanent mail ballot voter if the secretary of state or the appropriate city or township clerk receives reliable information that the permanent mail ballot voter meets 1 or more of the reasons described in subsection (3).” and renumbering the remaining subsections.

2.

Amend page 7, line 15, after “presidential” by inserting “primary”.

Substitute S-1 concurred in by voice vote

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 6, following line 17, by inserting:

“(4) The secretary of state shall rescind an absent voter ballot application for all future elections for a permanent mail ballot voter if the secretary of state receives reliable information obtained through a recognized multistate program or service as described in section 509o(5), or through a compact as provided in the driver’s license compact, 2018 PA 621, MCL 3.1071 to 3.1073, that the permanent mail ballot voter has moved the voter’s residence to another state.” and renumbering the remaining subsections.

The amendment was withdrawn

Amendment offered by Sen. Sam Singh (D-28)

1. Amend page 6, following line 17, by inserting:

“(4) The secretary of state or the appropriate city or township clerk shall rescind the absent voter ballot application for all future elections for a permanent mail ballot voter if the secretary of state or the appropriate city or township clerk receives reliable information that the permanent mail ballot voter meets 1 or more of the reasons described in subsection (3).” and renumbering the remaining subsections.

2. Amend page 7, line 15, after “presidential” by inserting “primary”.

The amendment failed by voice vote

Passed in the Senate 30 to 8 (details)

Received in the House

June 14, 2023

Referred to the Committee on Elections