2023 Senate Bill 370 / Public Act 82

Elections: absent voters; signature matching and curing for absent voter ballot applications and absent voter ballot return envelopes; provide for, and provide for modifications to the absent voter ballot application and process.

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 759, 761, and 766 (MCL 168.759, 168.761, and 168.766), sections 759 and 761 as amended by 2020 PA 302 and section 766 as amended by 2018 PA 120, and by adding sections 766a and 766b; and to repeal acts and parts of acts.

House Fiscal Agency Analysis

Senate Bill 370 would amend the Michigan Election Law to reflect a change made to the state constitution that granted Michigan voters the right to be placed on a permanent absent voter (AV) list and to make several other changes regarding absentee voting.The bill is tie-barred to Senate Bill 339, a bill that would establish an online AV ballot tracking system, and Senate Bill 367, a bill that would implement early voting and allow AV ballot tabulation before election day, which means that SB 370 could not go into effect unless both of those bills were also enacted. It is identical to House Bill 4700 as passed by the House.

Introduced in the Senate

June 6, 2023

Introduced by Sen. Sylvia Santana (D-2) and 16 co-sponsors

Co-sponsored by Sens. Jeremy Moss (D-7), 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 9, line 8, after “(7)” by inserting “to require that a presidential primary elector indicate a political party ballot selection when requesting an absent voter ballot”.

2. Amend page 19, line 11, after the second “after” by striking out “midnight” and inserting “11:59 p.m.”.

3. Amend page 19, line 16, by striking out “midnight” and inserting “11:59 p.m.”.

4. Amend page 22, line 25, after “email,” by striking out “and” and inserting “or”.

5. Amend page 24, line 9, after “means” by striking out “1” and inserting “any”.

6. Amend page 27, line 3, by striking out all of subdivision (b) and inserting:

“(b) Senate Bill No. 387.”.

Substitute S-1 concurred in by voice vote

Passed in the Senate 21 to 17 (details)

Received in the House

June 14, 2023

Referred to the Committee on Elections

June 20, 2023

Reported without amendment

June 27, 2023

Amendment offered by Rep. Penelope Tsernoglou (D-75)

1. Amend page 27, line 5, by striking out all of subdivision (b) and inserting:

“(b) Senate Bill No. 367.”.

The amendment passed by voice vote

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

Amendment concurred in 21 to 16 (details)

Signed by Gov. Gretchen Whitmer

July 19, 2023