ELECTRONIC VOTER REGISTRATION

Senate Bill 425 as passed by the Senate

Sponsor:  Sen. Judy K. Emmons

Senate Bill 426 as passed by the Senate

Sponsor:  Sen. Mike Nofs

Senate Bill 427 as passed by the Senate

Sponsor:  Sen. Jim Stamas

Senate Bill 428 as passed by the Senate

Sponsor:  Sen. Goeff Hansen

Senate Bill 429 as passed by the Senate

Sponsor:  Sen. Dave Hildenbrand

House Committee:  Elections and Ethics

Senate Committee:  Elections and Government Reform

Complete to 3-16-18

SUMMARY:

[Note: This bill package is identical to House Bills 5548 and 5549 as reported from the House Elections and Ethics Committee on March 15, 2018 (with the exception of the respective tie-bars). SB 425 is identical to HB 5548, and the four sections included in HB 5549 are divided among the remaining bills. All amend the Michigan Election Law.]

Senate Bill 425 would add Section 509ii to the Michigan Election Law to require the Michigan Secretary of State (SOS) to develop and maintain an electronic voter registration interface. (Proposed MCL 168.509ii)

Then, voters could use the interface to submit an electronic voter application under Senate Bill 427. (MCL 168.509v)

Senate Bills 426, 428, and 429 would update additional sections of the Michigan Election Law to account for these changes. (MCL 168.509m, 168.509t, and 168.509x)

The interface required under SB 425 would be required to do all of the following:

·         Transmit the application to the qualified voter file.

·         Interact with the driver’s license and official state personal ID card files for authentication purposes.

·         Authenticate the identity of an applicant under a process developed by the SOS that includes verifying the applicant’s date of birth, the last 4 digits of the applicant’s Social Security number, and the applicant’s driver’s license or personal ID card number and the name and eye color on the card.

·         Require the applicant’s assent to submit an application electronically and to use his or her most recent digitized signature from an application for a driver’s license or personal ID card.

·         Issue a receipt to the applicant.

SB 425 would also require the SOS to develop an electronic voter registration application, which may be used by those qualifying as electors who possess a state personal ID card or driver’s license.

An individual could not use the interface to submit a voter application if he or she ordered a duplicate driver’s license or state personal ID card on the same day or submitted a change of address for one of those cards in the previous 10 days. Additionally, an individual with an expired driver’s license or state personal ID card could not use the interface.

SB 426 would update citations in the Michigan Election Law.

SB 427 would allow a voter who is not registered to vote at the address where he or she resides to apply by submitting an electronic application.

SB 428 would require a voter who had registered to vote using the electronic application to vote in person and provide identification if that person had not previously voted in person in Michigan.

SB 429 would deem an electronic application timely if it is submitted by the close of registration.

The bills are tie-barred together, meaning that none could take effect unless all were enacted. They would each take effect 90 days after enactment.

FISCAL IMPACT:

The bills would have little or no cost to the Department of State and no fiscal impact on local units of government. According to the Department, the requirement from SB 425 for the Secretary of State to develop an electronic voter registration interface can largely be fulfilled through the existing customer-facing ExpressSOS system. Additional costs from modifications necessary to fulfil the requirements in the bills should be able to be included as a part of ongoing information system modernization efforts within the Department.

                                                                                        Legislative Analyst:   Jenny McInerney

                                                                                                Fiscal Analyst:   Michael Cnossen

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.