2023 Senate Bill 570 / Public Act 254

Elections: election officials; county clerk to appoint a designee to conduct an election audit under certain circumstances; require.

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 section 31a (MCL 168.31a), as amended by 2018 PA 603.

AI Analysis – Experimental

Authorizes the Secretary of State to audit election precincts post-election and prescribes detailed procedures for conducting these audits, including reviewing documents, ballots, and procedures as per the state constitution. The act mandates training and certification for county clerks and their staff or designees to conduct audits, which must include at least one race per selected precinct and one statewide race or ballot question for statewide audits. It specifies that audits are not recounts and do not alter certified results. Additionally, it restricts county clerks involved in political parties from conducting audits, requiring them to appoint a non-political party member as a designee.

Introduced in the Senate

Oct. 10, 2023

Introduced by Sens. Mallory McMorrow (D-8) and Jeremy Moss (D-7)

Referred to the Committee on Elections and Ethics

Oct. 25, 2023

Reported without amendment

Oct. 31, 2023

Referred to the Committee of the Whole

Nov. 1, 2023

Reported without amendment

Nov. 2, 2023

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

1. Amend page 2, line 20, after “(3)” by striking out “If” and inserting “Except as otherwise provided under subsection (5), if”.

2. Amend page 3, following line 4, by inserting:

“(5) A county clerk who is an officer or member of the governing body of a national, state, or local political party may, in order to conduct an election audit as required under this section, request from the political party a temporary suspension from being an officer or member of the governing body from the date of an election until the postelection audit for that election is complete, and if that request for a temporary suspension is granted by the political party, the county clerk may conduct an election audit as required under this section.”.

The amendment failed by voice vote

Passed in the Senate 20 to 18 (details)

Received in the House

Nov. 2, 2023

Referred to the Committee on Elections

Nov. 8, 2023

Discharged from committee

Nov. 9, 2023

Passed in the House 56 to 53 (details)

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

The motion prevailed by voice vote

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023