Michigan 2023-2024 Regular Session

Michigan House Bill HB4569 Compare Versions

OldNewDifferences
1-Act No. 258 Public Acts of 2023 Approved by the Governor November 30, 2023 Filed with the Secretary of State December 1, 2023 EFFECTIVE DATE: February 13, 2024 state of michigan 102nd Legislature Regular session of 2023 Introduced by Reps. Coffia, Rogers, Tsernoglou, Price, Rheingans, Byrnes, Andrews, Wilson, Hood, Pohutsky, Conlin, Hoskins, Brixie, McFall, Mentzer, Hope, Breen, Arbit, MacDonell, Wegela, Skaggs, Miller, Dievendorf, Morgan, Scott, Young, Koleszar, Weiss, Farhat, Paiz, Brabec, McKinney, Steckloff, Edwards, ONeal, Neeley, Grant, Martus and Whitsett ENROLLED HOUSE BILL No. 4569 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 495, 509o, 509q, 509r, 509gg, and 516 (MCL 168.495, 168.509o, 168.509q, 168.509r, 168.509gg, and 168.516), section 495 as amended by 2018 PA 603, section 509o as amended by 2022 PA 195, section 509q as amended by 2020 PA 302, sections 509r and 516 as amended by 2018 PA 125, and section 509gg as amended by 2014 PA 94, and by adding section 496a. The People of the State of Michigan enact: Sec. 495. The registration application must contain all of the following: (a) The name of the applicant. (b) The residence address of the applicant, including the street and number or rural route and box number and the apartment number, if any. (c) The city or township and county of residence of the applicant. (d) The date of birth of the applicant. (e) The driver license or state personal identification card number of the applicant, if available. (f) A statement that the applicant is a citizen of the United States. (g) For voter registration, a statement that the applicant is at the time of completing the affidavit, or will be on the date of the next election, not less than 18 years of age, and for preregistration to vote, a statement that the applicant is at the time of completing the affidavit at least 16 years of age. (h) For voter registration, a statement that the applicant has or will have lived in this state not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has lived in this state for at least 30 days. (i) For voter registration, a statement that the applicant has or will have established the applicants residence in the township or city in which the applicant is applying for registration not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has established the applicants residence in the township or city in which the applicant is applying for preregistration for at least 30 days. (j) A statement that the applicant must be at least 18 years of age on or before the date of an election to vote in that election. (k) A space in which the applicant must state the place of the applicants last registration, if any. (l) A statement that the registration is not effective until processed by the clerk of the city or township in which the applicant resides. (m) A statement that the applicant, if qualified, may vote at an election occurring on or after the date of completing the application. (n) A statement authorizing the cancellation of registration at the applicants last place of registration. (o) A space for the applicant to sign and certify to the truth of the statements on the application. Sec. 496a. (1) An individual may preregister to vote if the individual meets all of the following requirements: (a) Is at least 16 years of age but less than 17-1/2 years of age. (b) Is a citizen of the United States. (c) Is a resident of this state. (d) Is a resident of the city or township in which the applicant is applying for preregistration. (2) An individual may preregister to vote using any method of voter registration available. The method of voter registration used by an individual who is at least 16 years of age but less than 17-1/2 years of age must be considered an application to preregister to vote rather than an application for voter registration, and the individual, if eligible, must be preregistered to vote. (3) If an individual preregisters to vote at a secretary of states office or on the department of states website, the secretary of state shall transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at the city or township clerks office or by mail, the city or township clerk shall, immediately after receiving the application to preregister to vote, transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at a location or in a manner not provided for in this subsection, the individual processing that application to preregister to vote must transmit that application to preregister to vote in the manner prescribed by the secretary of state. An individual who is preregistered to vote must be explicitly designated in the qualified voter file as preregistered to vote. (4) If an individual who preregisters to vote changes the address that appears on that individuals driver license, enhanced driver license, official state personal identification card, or enhanced official state personal identification card, the secretary of state must change the preregistration to vote address for that individual. (5) The records for individuals who are preregistered to vote under this section must be maintained, updated, and canceled in accordance with the procedures for maintaining, updating, and canceling records of individuals who are registered to vote. (6) An individual who is preregistered to vote becomes a registered elector at 17-1/2 years of age and is eligible to vote in the first election that occurs on or after the date the individual becomes 18 years of age. If an individual will be 18 years of age on or before the date of an election, the individual may use any method of voting in that election, including any method of voting that occurs before election day. (7) At each election, the qualified voter file must include on the precinct voter registration lists, including those precinct voter registration lists used at early voting sites, the names of all registered individuals who will be 18 years of age on or before the date of the election. The qualified voter file must not include on a precinct voter registration list for an election the name of an individual who will not be 18 years of age on or before the date of the election. (8) When an individual who is preregistered to vote becomes 17-1/2 years of age, the qualified voter file must generate a notification to the appropriate city or township clerk of the city or township where that individual is preregistered to vote directing the city or township clerk to send a voter identification card to that individual who is preregistered to vote. The city or township clerk who receives a notification under this subsection must send a voter identification card to the individual who is preregistered to vote and must add that individual to the master file. (9) The secretary of state and the department of education shall annually coordinate a public education and outreach campaign to ensure that individuals who are at least 16 years of age but less than 18 years of age, and who are eligible to preregister to vote under this section or who are eligible to register to vote under section 492, are informed of the opportunity and available methods to preregister to vote or register to vote. In addition, the department of education shall ensure that materials for voter registration and preregistration to vote are available to pupils in each public high school in this state. As used in this subsection: (a) Public high school means a public school that offers at least 1 of grades 9 to 12. (b) Public school means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5. (10) No later than June 1, 2024, and no later than March 1 of each year after 2024, the secretary of state shall identify individuals who are at least 16 years of age and less than 18 years of age who have applied for an operators or chauffeurs license under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card under 1972 PA 222, MCL 28.291 to 28.300, or an enhanced driver license or enhanced official state personal identification card under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, and who are not registered or preregistered to vote, but who are eligible to preregister to vote under this section or eligible to register to vote under section 492. No later than July 1, 2024, and no later than April 1 of each year after 2024, the secretary of state shall contact each individual identified in this subsection and provide information to that individual on the opportunity and available methods to preregister to vote or register to vote. Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file. The qualified voter file is the official file for the conduct of all elections held in this state. The secretary of state may direct that all or any part of the city or township voter registration files must be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file. (2) Notwithstanding any other provision of law to the contrary, an individual who appears to vote in an election and whose name appears in the qualified voter file for that city, township, or school district, and who is not designated in the qualified voter file as preregistered to vote as provided under section 496a, is considered a registered elector of that city, township, or school district under this act. (3) The secretary of state, a designated voter registration agency, or a county, city, or township clerk shall not place a name of an individual into the qualified voter file unless that individual signs an application as prescribed in section 509r(3), or is registered to vote or preregistered to vote under section 493a or 493b. The secretary of state or a designated voter registration agency shall not allow an individual to indicate a different address than the address in either the secretary of states or designated voter registration agencys files to be placed in the qualified voter file. (4) The secretary of state shall develop and utilize a process by which information obtained through the United States Social Security Administrations death master file that is used to cancel an operators or chauffeurs license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, of a deceased resident of this state is also used at least once a month to update the qualified voter file to cancel the voter registration of any elector determined to be deceased. The secretary of state shall make the canceled voter registration information under this subsection available to the clerk of each county, city, or township to assist with the clerks obligations under section 510. (5) Subject to this subsection, the secretary of state shall participate with other states in 1 or more recognized multistate programs or services, if available, to assist in the verification of the current residence and voter registration status of electors. The secretary of state shall not participate in any recognized multistate program or service described in this subsection that requires this state to promote or adopt legislation as a condition of participation in that program or service. In addition, the secretary of state shall not participate in any recognized multistate program or service described in this subsection if the secretary of state determines that data of that program or service are not being adequately secured or protected. The secretary of state shall follow the procedures under section 509aa(5) with regard to any electors affected by information obtained through any multistate program or service. Sec. 509q. (1) Subject to subsection (2), the qualified voter file must contain all of the following information for each qualified voter: (a) The name; residence address including house number and street name or rural route and box number, and the apartment number, if any; city; state; zip code; and date of birth. (b) The driver license number or state personal identification card number or similar number issued by a designated voter registration agency. (c) Jurisdictional information including county and city or township; village, if any; metropolitan district, if any; and school district. (d) Precinct numbers and ward numbers, if any. (e) Any other information that the secretary of state determines is necessary to assess the eligibility of qualified electors or to administer voter registration or other aspects of the election process. (f) Voting history for a 5-year period. (g) Before June 30, 2025, the most recent digitized signature of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. Beginning June 30, 2025, and subject to section 493b(7), the digitized signatures of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. (2) If a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the qualified voter file must also contain the program participants unique identification number issued by the department of the attorney general. (3) Except as otherwise provided in this subsection, if a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the information contained in the qualified voter file for that program participant, including the program participants unique identification number issued by the department of the attorney general, is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The information contained in the qualified voter file for a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, may be used by an election official during the normal course of the election officials duties as an election official. (4) Subject to section 509gg, if an individual preregisters to vote under section 496a, the information contained in the qualified voter file for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Sec. 509r. (1) The secretary of state shall establish and maintain the computer system and programs necessary to the operation of the qualified voter file. The secretary of state shall allow each county, city, or township access to the qualified voter file. The county, city, and township clerks shall verify the accuracy of the names and addresses of registered electors in the qualified voter file. (2) Subject to subsection (3), the secretary of state and county, city, and township clerks shall compile the qualified voter file that consists of all qualified electors from the following sources and in the following priority: (a) A driver license or, if there is no driver license, a state personal identification card, including renewals and changes of address with the department of state. (b) An application for benefits or services, including renewals and changes of address, taken by a designated voter registration agency. (c) An application to register to vote taken by a county, city, or township clerk. (3) An individual whose name does not otherwise appear in the qualified voter file, or whose name has not been added to the qualified voter file under section 493a or 493b, must be placed in the qualified voter file only if the individual signs under penalty of perjury an application that contains an attestation that the applicant meets all of the following requirements: (a) Is 16 years of age or older. (b) Is a citizen of the United States and this state. (c) Is a resident of the city or township where the individuals street address is located. (4) The secretary of state shall create an inactive voter file. (5) If an elector is sent a notice under section 509aa to confirm the electors residence information or if an elector does not vote for 6 consecutive years, the secretary of state shall place the registration record of that elector in the inactive voter file. The registration record of that elector must remain in the inactive voter file until 1 of the following occurs: (a) The elector votes at an election. (b) The elector responds to a notice sent under section 509aa. (c) Another voter registration transaction involving that elector occurs. (6) While the registration record of an elector is in the inactive voter file, the elector remains eligible to vote and the electors name must appear on the precinct voter registration list. (7) If the registration record of an elector is in the inactive voter file because the elector was sent a notice under section 509aa to confirm the electors residence information and that elector votes at an election by absent voter ballot, that absent voter ballot must be marked in the same manner as a challenged ballot as provided in section 727. Sec. 509gg. (1) Subject to subsection (3), the information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following: (a) The record that an individual declined to register to vote. (b) The office that received a registered electors application. (c) A registered electors driver license or state personal identification card number. (d) The month and day of birth of a registered elector. (e) The telephone number provided by a registered elector. (f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. (2) Except as otherwise provided in this subsection, the last 4 digits of a registered electors Social Security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered electors Social Security number contained in a registration record may only be used by the secretary of state to verify a registered electors data as provided by the help America vote act of 2002 and to verify a registered electors status under this act, and must not be used or released for any other purpose. (3) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Once that individual is 17-1/2 years of age, the information contained in the registration record for that individual is subject to the exemptions provided in subsection (1). Sec. 516. (1) Except as otherwise provided in subsection (2) and section 509gg, the registration record must be open for public inspection. (2) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and must not be open for public inspection as provided under subsection (1) until that individual is 17-1/2 years of age. Enacting section 1. This amendatory act does not take effect unless House Bill No. 4983 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
1+state of michigan 102nd Legislature Regular session of 2023 Introduced by Reps. Coffia, Rogers, Tsernoglou, Price, Rheingans, Byrnes, Andrews, Wilson, Hood, Pohutsky, Conlin, Hoskins, Brixie, McFall, Mentzer, Hope, Breen, Arbit, MacDonell, Wegela, Skaggs, Miller, Dievendorf, Morgan, Scott, Young, Koleszar, Weiss, Farhat, Paiz, Brabec, McKinney, Steckloff, Edwards, ONeal, Neeley, Grant, Martus and Whitsett ENROLLED HOUSE BILL No. 4569 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 495, 509o, 509q, 509r, 509gg, and 516 (MCL 168.495, 168.509o, 168.509q, 168.509r, 168.509gg, and 168.516), section 495 as amended by 2018 PA 603, section 509o as amended by 2022 PA 195, section 509q as amended by 2020 PA 302, sections 509r and 516 as amended by 2018 PA 125, and section 509gg as amended by 2014 PA 94, and by adding section 496a. The People of the State of Michigan enact: Sec. 495. The registration application must contain all of the following: (a) The name of the applicant. (b) The residence address of the applicant, including the street and number or rural route and box number and the apartment number, if any. (c) The city or township and county of residence of the applicant. (d) The date of birth of the applicant. (e) The driver license or state personal identification card number of the applicant, if available. (f) A statement that the applicant is a citizen of the United States. (g) For voter registration, a statement that the applicant is at the time of completing the affidavit, or will be on the date of the next election, not less than 18 years of age, and for preregistration to vote, a statement that the applicant is at the time of completing the affidavit at least 16 years of age. (h) For voter registration, a statement that the applicant has or will have lived in this state not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has lived in this state for at least 30 days. (i) For voter registration, a statement that the applicant has or will have established the applicants residence in the township or city in which the applicant is applying for registration not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has established the applicants residence in the township or city in which the applicant is applying for preregistration for at least 30 days. (j) A statement that the applicant must be at least 18 years of age on or before the date of an election to vote in that election. (k) A space in which the applicant must state the place of the applicants last registration, if any. (l) A statement that the registration is not effective until processed by the clerk of the city or township in which the applicant resides. (m) A statement that the applicant, if qualified, may vote at an election occurring on or after the date of completing the application. (n) A statement authorizing the cancellation of registration at the applicants last place of registration. (o) A space for the applicant to sign and certify to the truth of the statements on the application. Sec. 496a. (1) An individual may preregister to vote if the individual meets all of the following requirements: (a) Is at least 16 years of age but less than 17-1/2 years of age. (b) Is a citizen of the United States. (c) Is a resident of this state. (d) Is a resident of the city or township in which the applicant is applying for preregistration. (2) An individual may preregister to vote using any method of voter registration available. The method of voter registration used by an individual who is at least 16 years of age but less than 17-1/2 years of age must be considered an application to preregister to vote rather than an application for voter registration, and the individual, if eligible, must be preregistered to vote. (3) If an individual preregisters to vote at a secretary of states office or on the department of states website, the secretary of state shall transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at the city or township clerks office or by mail, the city or township clerk shall, immediately after receiving the application to preregister to vote, transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at a location or in a manner not provided for in this subsection, the individual processing that application to preregister to vote must transmit that application to preregister to vote in the manner prescribed by the secretary of state. An individual who is preregistered to vote must be explicitly designated in the qualified voter file as preregistered to vote. (4) If an individual who preregisters to vote changes the address that appears on that individuals driver license, enhanced driver license, official state personal identification card, or enhanced official state personal identification card, the secretary of state must change the preregistration to vote address for that individual. (5) The records for individuals who are preregistered to vote under this section must be maintained, updated, and canceled in accordance with the procedures for maintaining, updating, and canceling records of individuals who are registered to vote. (6) An individual who is preregistered to vote becomes a registered elector at 17-1/2 years of age and is eligible to vote in the first election that occurs on or after the date the individual becomes 18 years of age. If an individual will be 18 years of age on or before the date of an election, the individual may use any method of voting in that election, including any method of voting that occurs before election day. (7) At each election, the qualified voter file must include on the precinct voter registration lists, including those precinct voter registration lists used at early voting sites, the names of all registered individuals who will be 18 years of age on or before the date of the election. The qualified voter file must not include on a precinct voter registration list for an election the name of an individual who will not be 18 years of age on or before the date of the election. (8) When an individual who is preregistered to vote becomes 17-1/2 years of age, the qualified voter file must generate a notification to the appropriate city or township clerk of the city or township where that individual is preregistered to vote directing the city or township clerk to send a voter identification card to that individual who is preregistered to vote. The city or township clerk who receives a notification under this subsection must send a voter identification card to the individual who is preregistered to vote and must add that individual to the master file. (9) The secretary of state and the department of education shall annually coordinate a public education and outreach campaign to ensure that individuals who are at least 16 years of age but less than 18 years of age, and who are eligible to preregister to vote under this section or who are eligible to register to vote under section 492, are informed of the opportunity and available methods to preregister to vote or register to vote. In addition, the department of education shall ensure that materials for voter registration and preregistration to vote are available to pupils in each public high school in this state. As used in this subsection: (a) Public high school means a public school that offers at least 1 of grades 9 to 12. (b) Public school means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5. (10) No later than June 1, 2024, and no later than March 1 of each year after 2024, the secretary of state shall identify individuals who are at least 16 years of age and less than 18 years of age who have applied for an operators or chauffeurs license under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card under 1972 PA 222, MCL 28.291 to 28.300, or an enhanced driver license or enhanced official state personal identification card under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, and who are not registered or preregistered to vote, but who are eligible to preregister to vote under this section or eligible to register to vote under section 492. No later than July 1, 2024, and no later than April 1 of each year after 2024, the secretary of state shall contact each individual identified in this subsection and provide information to that individual on the opportunity and available methods to preregister to vote or register to vote. Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file. The qualified voter file is the official file for the conduct of all elections held in this state. The secretary of state may direct that all or any part of the city or township voter registration files must be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file. (2) Notwithstanding any other provision of law to the contrary, an individual who appears to vote in an election and whose name appears in the qualified voter file for that city, township, or school district, and who is not designated in the qualified voter file as preregistered to vote as provided under section 496a, is considered a registered elector of that city, township, or school district under this act. (3) The secretary of state, a designated voter registration agency, or a county, city, or township clerk shall not place a name of an individual into the qualified voter file unless that individual signs an application as prescribed in section 509r(3), or is registered to vote or preregistered to vote under section 493a or 493b. The secretary of state or a designated voter registration agency shall not allow an individual to indicate a different address than the address in either the secretary of states or designated voter registration agencys files to be placed in the qualified voter file. (4) The secretary of state shall develop and utilize a process by which information obtained through the United States Social Security Administrations death master file that is used to cancel an operators or chauffeurs license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, of a deceased resident of this state is also used at least once a month to update the qualified voter file to cancel the voter registration of any elector determined to be deceased. The secretary of state shall make the canceled voter registration information under this subsection available to the clerk of each county, city, or township to assist with the clerks obligations under section 510. (5) Subject to this subsection, the secretary of state shall participate with other states in 1 or more recognized multistate programs or services, if available, to assist in the verification of the current residence and voter registration status of electors. The secretary of state shall not participate in any recognized multistate program or service described in this subsection that requires this state to promote or adopt legislation as a condition of participation in that program or service. In addition, the secretary of state shall not participate in any recognized multistate program or service described in this subsection if the secretary of state determines that data of that program or service are not being adequately secured or protected. The secretary of state shall follow the procedures under section 509aa(5) with regard to any electors affected by information obtained through any multistate program or service. Sec. 509q. (1) Subject to subsection (2), the qualified voter file must contain all of the following information for each qualified voter: (a) The name; residence address including house number and street name or rural route and box number, and the apartment number, if any; city; state; zip code; and date of birth. (b) The driver license number or state personal identification card number or similar number issued by a designated voter registration agency. (c) Jurisdictional information including county and city or township; village, if any; metropolitan district, if any; and school district. (d) Precinct numbers and ward numbers, if any. (e) Any other information that the secretary of state determines is necessary to assess the eligibility of qualified electors or to administer voter registration or other aspects of the election process. (f) Voting history for a 5-year period. (g) Before June 30, 2025, the most recent digitized signature of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. Beginning June 30, 2025, and subject to section 493b(7), the digitized signatures of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. (2) If a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the qualified voter file must also contain the program participants unique identification number issued by the department of the attorney general. (3) Except as otherwise provided in this subsection, if a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the information contained in the qualified voter file for that program participant, including the program participants unique identification number issued by the department of the attorney general, is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The information contained in the qualified voter file for a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, may be used by an election official during the normal course of the election officials duties as an election official. (4) Subject to section 509gg, if an individual preregisters to vote under section 496a, the information contained in the qualified voter file for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Sec. 509r. (1) The secretary of state shall establish and maintain the computer system and programs necessary to the operation of the qualified voter file. The secretary of state shall allow each county, city, or township access to the qualified voter file. The county, city, and township clerks shall verify the accuracy of the names and addresses of registered electors in the qualified voter file. (2) Subject to subsection (3), the secretary of state and county, city, and township clerks shall compile the qualified voter file that consists of all qualified electors from the following sources and in the following priority: (a) A driver license or, if there is no driver license, a state personal identification card, including renewals and changes of address with the department of state. (b) An application for benefits or services, including renewals and changes of address, taken by a designated voter registration agency. (c) An application to register to vote taken by a county, city, or township clerk. (3) An individual whose name does not otherwise appear in the qualified voter file, or whose name has not been added to the qualified voter file under section 493a or 493b, must be placed in the qualified voter file only if the individual signs under penalty of perjury an application that contains an attestation that the applicant meets all of the following requirements: (a) Is 16 years of age or older. (b) Is a citizen of the United States and this state. (c) Is a resident of the city or township where the individuals street address is located. (4) The secretary of state shall create an inactive voter file. (5) If an elector is sent a notice under section 509aa to confirm the electors residence information or if an elector does not vote for 6 consecutive years, the secretary of state shall place the registration record of that elector in the inactive voter file. The registration record of that elector must remain in the inactive voter file until 1 of the following occurs: (a) The elector votes at an election. (b) The elector responds to a notice sent under section 509aa. (c) Another voter registration transaction involving that elector occurs. (6) While the registration record of an elector is in the inactive voter file, the elector remains eligible to vote and the electors name must appear on the precinct voter registration list. (7) If the registration record of an elector is in the inactive voter file because the elector was sent a notice under section 509aa to confirm the electors residence information and that elector votes at an election by absent voter ballot, that absent voter ballot must be marked in the same manner as a challenged ballot as provided in section 727. Sec. 509gg. (1) Subject to subsection (3), the information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following: (a) The record that an individual declined to register to vote. (b) The office that received a registered electors application. (c) A registered electors driver license or state personal identification card number. (d) The month and day of birth of a registered elector. (e) The telephone number provided by a registered elector. (f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. (2) Except as otherwise provided in this subsection, the last 4 digits of a registered electors Social Security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered electors Social Security number contained in a registration record may only be used by the secretary of state to verify a registered electors data as provided by the help America vote act of 2002 and to verify a registered electors status under this act, and must not be used or released for any other purpose. (3) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Once that individual is 17-1/2 years of age, the information contained in the registration record for that individual is subject to the exemptions provided in subsection (1). Sec. 516. (1) Except as otherwise provided in subsection (2) and section 509gg, the registration record must be open for public inspection. (2) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and must not be open for public inspection as provided under subsection (1) until that individual is 17-1/2 years of age. Enacting section 1. This amendatory act does not take effect unless House Bill No. 4983 of the 102nd Legislature is enacted into law. Clerk of the House of Representatives Secretary of the Senate Approved___________________________________________ ____________________________________________________ Governor
22
3-Act No. 258
43
5-Public Acts of 2023
64
7-Approved by the Governor
85
9-November 30, 2023
106
11-Filed with the Secretary of State
127
13-December 1, 2023
148
15-EFFECTIVE DATE: February 13, 2024
9+
10+
11+
12+
13+
14+
15+
1616
1717
1818
1919
2020
2121
2222
2323
2424
2525
2626
2727
2828
2929
3030
3131
3232
3333
3434
3535 state of michigan
3636
3737 102nd Legislature
3838
3939 Regular session of 2023
4040
4141 Introduced by Reps. Coffia, Rogers, Tsernoglou, Price, Rheingans, Byrnes, Andrews, Wilson, Hood, Pohutsky, Conlin, Hoskins, Brixie, McFall, Mentzer, Hope, Breen, Arbit, MacDonell, Wegela, Skaggs, Miller, Dievendorf, Morgan, Scott, Young, Koleszar, Weiss, Farhat, Paiz, Brabec, McKinney, Steckloff, Edwards, ONeal, Neeley, Grant, Martus and Whitsett
4242
4343 ENROLLED HOUSE BILL No. 4569
4444
4545 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 495, 509o, 509q, 509r, 509gg, and 516 (MCL 168.495, 168.509o, 168.509q, 168.509r, 168.509gg, and 168.516), section 495 as amended by 2018 PA 603, section 509o as amended by 2022 PA 195, section 509q as amended by 2020 PA 302, sections 509r and 516 as amended by 2018 PA 125, and section 509gg as amended by 2014 PA 94, and by adding section 496a.
4646
4747 The People of the State of Michigan enact:
4848
4949 Sec. 495. The registration application must contain all of the following:
5050
5151 (a) The name of the applicant.
5252
5353 (b) The residence address of the applicant, including the street and number or rural route and box number and the apartment number, if any.
5454
5555 (c) The city or township and county of residence of the applicant.
5656
5757 (d) The date of birth of the applicant.
5858
5959 (e) The driver license or state personal identification card number of the applicant, if available.
6060
6161 (f) A statement that the applicant is a citizen of the United States.
6262
6363 (g) For voter registration, a statement that the applicant is at the time of completing the affidavit, or will be on the date of the next election, not less than 18 years of age, and for preregistration to vote, a statement that the applicant is at the time of completing the affidavit at least 16 years of age.
6464
6565 (h) For voter registration, a statement that the applicant has or will have lived in this state not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has lived in this state for at least 30 days.
6666
6767 (i) For voter registration, a statement that the applicant has or will have established the applicants residence in the township or city in which the applicant is applying for registration not less than 30 days before the next election, and for preregistration to vote, a statement that the applicant has established the applicants residence in the township or city in which the applicant is applying for preregistration for at least 30 days.
6868
6969 (j) A statement that the applicant must be at least 18 years of age on or before the date of an election to vote in that election.
7070
7171 (k) A space in which the applicant must state the place of the applicants last registration, if any.
7272
7373 (l) A statement that the registration is not effective until processed by the clerk of the city or township in which the applicant resides.
7474
7575 (m) A statement that the applicant, if qualified, may vote at an election occurring on or after the date of completing the application.
7676
7777 (n) A statement authorizing the cancellation of registration at the applicants last place of registration.
7878
7979 (o) A space for the applicant to sign and certify to the truth of the statements on the application.
8080
8181
8282
8383 Sec. 496a. (1) An individual may preregister to vote if the individual meets all of the following requirements:
8484
8585 (a) Is at least 16 years of age but less than 17-1/2 years of age.
8686
8787 (b) Is a citizen of the United States.
8888
8989 (c) Is a resident of this state.
9090
9191 (d) Is a resident of the city or township in which the applicant is applying for preregistration.
9292
9393 (2) An individual may preregister to vote using any method of voter registration available. The method of voter registration used by an individual who is at least 16 years of age but less than 17-1/2 years of age must be considered an application to preregister to vote rather than an application for voter registration, and the individual, if eligible, must be preregistered to vote.
9494
9595 (3) If an individual preregisters to vote at a secretary of states office or on the department of states website, the secretary of state shall transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at the city or township clerks office or by mail, the city or township clerk shall, immediately after receiving the application to preregister to vote, transmit the electronic data for that individuals application to preregister to vote to the qualified voter file. If an individual preregisters to vote at a location or in a manner not provided for in this subsection, the individual processing that application to preregister to vote must transmit that application to preregister to vote in the manner prescribed by the secretary of state. An individual who is preregistered to vote must be explicitly designated in the qualified voter file as preregistered to vote.
9696
9797 (4) If an individual who preregisters to vote changes the address that appears on that individuals driver license, enhanced driver license, official state personal identification card, or enhanced official state personal identification card, the secretary of state must change the preregistration to vote address for that individual.
9898
9999 (5) The records for individuals who are preregistered to vote under this section must be maintained, updated, and canceled in accordance with the procedures for maintaining, updating, and canceling records of individuals who are registered to vote.
100100
101101 (6) An individual who is preregistered to vote becomes a registered elector at 17-1/2 years of age and is eligible to vote in the first election that occurs on or after the date the individual becomes 18 years of age. If an individual will be 18 years of age on or before the date of an election, the individual may use any method of voting in that election, including any method of voting that occurs before election day.
102102
103103 (7) At each election, the qualified voter file must include on the precinct voter registration lists, including those precinct voter registration lists used at early voting sites, the names of all registered individuals who will be 18 years of age on or before the date of the election. The qualified voter file must not include on a precinct voter registration list for an election the name of an individual who will not be 18 years of age on or before the date of the election.
104104
105105 (8) When an individual who is preregistered to vote becomes 17-1/2 years of age, the qualified voter file must generate a notification to the appropriate city or township clerk of the city or township where that individual is preregistered to vote directing the city or township clerk to send a voter identification card to that individual who is preregistered to vote. The city or township clerk who receives a notification under this subsection must send a voter identification card to the individual who is preregistered to vote and must add that individual to the master file.
106106
107107 (9) The secretary of state and the department of education shall annually coordinate a public education and outreach campaign to ensure that individuals who are at least 16 years of age but less than 18 years of age, and who are eligible to preregister to vote under this section or who are eligible to register to vote under section 492, are informed of the opportunity and available methods to preregister to vote or register to vote. In addition, the department of education shall ensure that materials for voter registration and preregistration to vote are available to pupils in each public high school in this state. As used in this subsection:
108108
109109 (a) Public high school means a public school that offers at least 1 of grades 9 to 12.
110110
111111 (b) Public school means that term as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
112112
113113 (10) No later than June 1, 2024, and no later than March 1 of each year after 2024, the secretary of state shall identify individuals who are at least 16 years of age and less than 18 years of age who have applied for an operators or chauffeurs license under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card under 1972 PA 222, MCL 28.291 to 28.300, or an enhanced driver license or enhanced official state personal identification card under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, and who are not registered or preregistered to vote, but who are eligible to preregister to vote under this section or eligible to register to vote under section 492. No later than July 1, 2024, and no later than April 1 of each year after 2024, the secretary of state shall contact each individual identified in this subsection and provide information to that individual on the opportunity and available methods to preregister to vote or register to vote.
114114
115115
116116
117117 Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file. The qualified voter file is the official file for the conduct of all elections held in this state. The secretary of state may direct that all or any part of the city or township voter registration files must be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file.
118118
119119 (2) Notwithstanding any other provision of law to the contrary, an individual who appears to vote in an election and whose name appears in the qualified voter file for that city, township, or school district, and who is not designated in the qualified voter file as preregistered to vote as provided under section 496a, is considered a registered elector of that city, township, or school district under this act.
120120
121121 (3) The secretary of state, a designated voter registration agency, or a county, city, or township clerk shall not place a name of an individual into the qualified voter file unless that individual signs an application as prescribed in section 509r(3), or is registered to vote or preregistered to vote under section 493a or 493b. The secretary of state or a designated voter registration agency shall not allow an individual to indicate a different address than the address in either the secretary of states or designated voter registration agencys files to be placed in the qualified voter file.
122122
123123 (4) The secretary of state shall develop and utilize a process by which information obtained through the United States Social Security Administrations death master file that is used to cancel an operators or chauffeurs license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, of a deceased resident of this state is also used at least once a month to update the qualified voter file to cancel the voter registration of any elector determined to be deceased. The secretary of state shall make the canceled voter registration information under this subsection available to the clerk of each county, city, or township to assist with the clerks obligations under section 510.
124124
125125 (5) Subject to this subsection, the secretary of state shall participate with other states in 1 or more recognized multistate programs or services, if available, to assist in the verification of the current residence and voter registration status of electors. The secretary of state shall not participate in any recognized multistate program or service described in this subsection that requires this state to promote or adopt legislation as a condition of participation in that program or service. In addition, the secretary of state shall not participate in any recognized multistate program or service described in this subsection if the secretary of state determines that data of that program or service are not being adequately secured or protected. The secretary of state shall follow the procedures under section 509aa(5) with regard to any electors affected by information obtained through any multistate program or service.
126126
127127
128128
129129 Sec. 509q. (1) Subject to subsection (2), the qualified voter file must contain all of the following information for each qualified voter:
130130
131131 (a) The name; residence address including house number and street name or rural route and box number, and the apartment number, if any; city; state; zip code; and date of birth.
132132
133133 (b) The driver license number or state personal identification card number or similar number issued by a designated voter registration agency.
134134
135135 (c) Jurisdictional information including county and city or township; village, if any; metropolitan district, if any; and school district.
136136
137137 (d) Precinct numbers and ward numbers, if any.
138138
139139 (e) Any other information that the secretary of state determines is necessary to assess the eligibility of qualified electors or to administer voter registration or other aspects of the election process.
140140
141141 (f) Voting history for a 5-year period.
142142
143143 (g) Before June 30, 2025, the most recent digitized signature of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307. Beginning June 30, 2025, and subject to section 493b(7), the digitized signatures of an elector if captured or reproduced by the secretary of state or a county, city, or township clerk from a voter registration application under section 509hh, or captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307.
144144
145145 (2) If a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the qualified voter file must also contain the program participants unique identification number issued by the department of the attorney general.
146146
147147 (3) Except as otherwise provided in this subsection, if a qualified voter is a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, the information contained in the qualified voter file for that program participant, including the program participants unique identification number issued by the department of the attorney general, is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The information contained in the qualified voter file for a program participant, as that term is defined in section 3 of the address confidentiality program act, 2020 PA 301, MCL 780.853, may be used by an election official during the normal course of the election officials duties as an election official.
148148
149149 (4) Subject to section 509gg, if an individual preregisters to vote under section 496a, the information contained in the qualified voter file for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age.
150150
151151
152152
153153 Sec. 509r. (1) The secretary of state shall establish and maintain the computer system and programs necessary to the operation of the qualified voter file. The secretary of state shall allow each county, city, or township access to the qualified voter file. The county, city, and township clerks shall verify the accuracy of the names and addresses of registered electors in the qualified voter file.
154154
155155 (2) Subject to subsection (3), the secretary of state and county, city, and township clerks shall compile the qualified voter file that consists of all qualified electors from the following sources and in the following priority:
156156
157157 (a) A driver license or, if there is no driver license, a state personal identification card, including renewals and changes of address with the department of state.
158158
159159 (b) An application for benefits or services, including renewals and changes of address, taken by a designated voter registration agency.
160160
161161 (c) An application to register to vote taken by a county, city, or township clerk.
162162
163163 (3) An individual whose name does not otherwise appear in the qualified voter file, or whose name has not been added to the qualified voter file under section 493a or 493b, must be placed in the qualified voter file only if the individual signs under penalty of perjury an application that contains an attestation that the applicant meets all of the following requirements:
164164
165165 (a) Is 16 years of age or older.
166166
167167 (b) Is a citizen of the United States and this state.
168168
169169 (c) Is a resident of the city or township where the individuals street address is located.
170170
171171 (4) The secretary of state shall create an inactive voter file.
172172
173173 (5) If an elector is sent a notice under section 509aa to confirm the electors residence information or if an elector does not vote for 6 consecutive years, the secretary of state shall place the registration record of that elector in the inactive voter file. The registration record of that elector must remain in the inactive voter file until 1 of the following occurs:
174174
175175 (a) The elector votes at an election.
176176
177177 (b) The elector responds to a notice sent under section 509aa.
178178
179179 (c) Another voter registration transaction involving that elector occurs.
180180
181181 (6) While the registration record of an elector is in the inactive voter file, the elector remains eligible to vote and the electors name must appear on the precinct voter registration list.
182182
183183 (7) If the registration record of an elector is in the inactive voter file because the elector was sent a notice under section 509aa to confirm the electors residence information and that elector votes at an election by absent voter ballot, that absent voter ballot must be marked in the same manner as a challenged ballot as provided in section 727.
184184
185185
186186
187187 Sec. 509gg. (1) Subject to subsection (3), the information described in this subsection that is contained in a registration record is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not release a copy of that portion of a registration record that contains any of the following:
188188
189189 (a) The record that an individual declined to register to vote.
190190
191191 (b) The office that received a registered electors application.
192192
193193 (c) A registered electors driver license or state personal identification card number.
194194
195195 (d) The month and day of birth of a registered elector.
196196
197197 (e) The telephone number provided by a registered elector.
198198
199199 (f) The digitized signature of an elector that is captured or reproduced and transmitted to the qualified voter file by the secretary of state or a county, city, or township clerk under section 509hh or by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307.
200200
201201 (2) Except as otherwise provided in this subsection, the last 4 digits of a registered electors Social Security number contained in a registration record are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. The last 4 digits of a registered electors Social Security number contained in a registration record may only be used by the secretary of state to verify a registered electors data as provided by the help America vote act of 2002 and to verify a registered electors status under this act, and must not be used or released for any other purpose.
202202
203203 (3) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and not subject to disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, until that individual is 17-1/2 years of age. Once that individual is 17-1/2 years of age, the information contained in the registration record for that individual is subject to the exemptions provided in subsection (1).
204204
205205
206206
207207 Sec. 516. (1) Except as otherwise provided in subsection (2) and section 509gg, the registration record must be open for public inspection.
208208
209209 (2) If an individual preregisters to vote under section 496a, the information contained in the registration record for that individual is confidential and must not be open for public inspection as provided under subsection (1) until that individual is 17-1/2 years of age.
210210
211211 Enacting section 1. This amendatory act does not take effect unless House Bill No. 4983 of the 102nd Legislature is enacted into law.
212212
213213
214214
215215
216216
217217
218218
219219 Clerk of the House of Representatives
220220
221221
222222
223223
224224
225225 Secretary of the Senate
226226
227227 Approved___________________________________________
228228
229229 ____________________________________________________
230230
231231 Governor