2023 Senate Bill 401

House Fiscal Agency Analysis

Senate Bill 401 (S-3) would enact the "State Voting Rights Act" to do the following: -- Prohibit a local government or State agency from imposing any law, practice, policy, or method of election that would lead to a disparity in voter participation between a protected class and other members of the electorate or that would impair the ability of a protected class to participate in the political process. -- Specify actions taken by a local government that would be considered violations of the Michigan Voting Rights Act (MVRA). -- Require a prospective plaintiff to send a notification letter to the clerk and chief administrative officer of a local government, which would have to explain in detail and propose a remedy for each alleged violation of the MVRA, before commencing an action. -- Allow a prospective plaintiff to meet with representatives of the local government to develop a plan to address the violation and prescribe the requirements of a plan. -- Allow a prospective plaintiff to submit a complaint concerning a local government's alleged violation of the MVRA to the Secretary of State (SOS). -- Prescribe the guidelines a court could or could not use to determine whether racially polarized voting by protected class members in a local government occurred. -- Prescribe the guidelines a court could or could not use to determine whether the political rights of any protected class member had been violated. -- Grant a court broad authority to order adequate remedies that were tailored to address a violation in any action brought under the MVRA or Article II of the State Constitution. -- Prescribe remedies for MVRA violations and requirements for punitive damages. -- Create the Michigan Voting Rights Assistance Fund in the State Treasury, from which the Michigan Department of State (MDOS) could spend money to reimburse prospective plaintiffs and local governments for certain expenses, not to exceed $50,000. -- Allow a prospective plaintiff or local government to request reimbursement from the Fund within 90 days of the enactment or implementation of a required remedy. -- Require a local government and the SOS to follow certain notice requirements. -- Allow a disabled elector, or an organization representing disabled electors, to bring an action in the circuit court of a county to seek the appointment of a monitor for future elections conducted by a local government, if that local government had violated a State or Federal law involving the rights of disabled electors. -- Prescribe the appointment and duties of election monitors. -- Repeal Public Act 161 of 1969, which governs actions brought in any circuit court of the State affecting elections, dates of elections, candidates, qualifications of candidates, ballots, or questions on ballots.