2023 Senate Bill 404

Elections: voting procedures; voter access and assistance provisions; provide for.

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 726, 736, and 751 (MCL 168.726, 168.736, and 168.751), and by adding sections 653c, 653d, 653e, 726a, and 753a; and to repeal acts and parts of acts.

House Fiscal Agency Analysis

Senate Bill 404 (S-2) would amend the Michigan Election Law to do the following: -- Beginning January 1, 2026, require a local government to provide notice to the SOS, within certain time periods, of various changes undertaken by or proposed to be undertaken by the local government, such as a governmental organization or a change to the local government's method of election, or of requests or notifications made by electors and received by the local government, such as a request to view voting equipment. -- Beginning January 1, 2026, require a local government to provide to the SOS, at least 14 days before an election, a list of any organization or committee whose authorization to appoint election challengers had been approved or denied. -- Require the SOS to prescribe the form of these notices and, within five days after receiving such a notice, post the notice on the MDOS website; if a local government failed to submit a required notice, the SOS would have to post that violation on the MDOS website. -- Prescribe additional notice requirements for the SOS, to begin January 1, 2026. -- Allow an elector who was unable to enter a polling place or early voting site to request voting assistance from the elector's county, city, or township clerk or precinct board of election inspectors. -- Prescribe the process for providing voting assistance. -- Allow an elector to seek language assistance for election purposes. -- Allow an individual to provide necessities to electors at a polling place location, early voting site, or city or township clerk's office, provided that the individual did not interfere with the voting process and at the discretion of the appropriate clerk. -- Repeal Section 579 of the Law, which requires a board of election inspectors to reject the ballot of an individual who allows another individual to view the ballot.

Introduced in the Senate

June 22, 2023

Introduced by Sen. Erika Geiss (D-1) and three co-sponsors

Co-sponsored by Sens. Darrin Camilleri (D-4), Stephanie Chang (D-3) and Jeremy Moss (D-7)

Referred to the Committee on Elections and Ethics

June 13, 2024

Reported with substitute S-2

June 18, 2024

Referred to the Committee of the Whole

June 26, 2024

Reported with substitute S-2

Substitute S-2 concurred in by voice vote

Sept. 17, 2024

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

1. Amend page 10, line 12, after “vote” by striking out “inside or”.

The amendment failed 16 to 20 (details)

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

1. Amend page 10, line 17, after “process” by inserting a comma and “and must not directly or indirectly make reference to an election, a candidate, or a ballot question”.

2. Amend page 10, line 17, after “process.” by inserting “An individual who provides food, warmth, or other necessities to electors as described under subsection (1) must not be a current candidate in that jurisdiction or the immediate family member of a current candidate in that jurisdiction.”.

The amendment failed 16 to 20 (details)

Passed in the Senate 20 to 16 (details)

Received in the House

Sept. 17, 2024

Referred to the Committee on Elections

Dec. 3, 2024

Reported without amendment