IDENTIFICATION FOR ELECTION PURPOSES

House Bill 5669 (H-1) as reported from committee

Sponsor:  Rep. Aaron Miller

Committee:  Elections and Ethics

Complete to 3-14-18

BRIEF SUMMARY:

House Bill 5669 would amend the Michigan Election Law to codify current Michigan voter ID practice into law by defining and using the phrase identification for election purposes for accepted forms of voter ID.

FISCAL IMPACT:

The bill would have no apparent fiscal impact on the state or local units of government.

DETAILED SUMMARY:

Under the Election Law, individuals must present photo ID when registering in person to vote, when voting at a polling place, or when voting an absent voter ballot in person at the office of a city or township clerk. Section 523, for example, requires that, before being given a ballot at a polling place, a registered elector must identify himself or herself by presenting an official state identification card, a driver’s license issued under the Michigan Vehicle Code, or other generally recognized picture identification card. The same ID requirements apply to individuals who are registering to vote (Section 497c) or who are voting an absent voter ballot at the clerk’s office (Section 761).

The Bureau of Elections considers other generally recognized picture identification card to mean any of the following, as long as the ID is current:[1]

·         A driver’s license or state ID card issued by another state.

·         A federal or state government-issued photo ID.

·         A United States passport.

·         A military photo ID.

·         A student photo ID from a high school or an accredited institution of higher education.

·         A tribal photo ID.

The bill would introduce and define the phrase identification for election purposes for use in the act, and it would replace references in these sections to state personal ID cards, driver’s licenses, and other generally recognized identification cards with that phrase. As defined by the bill, identification for election purposes would include the forms of photo ID that are currently accepted under existing law—namely, a state ID card or driver’s license issued by Michigan, a state ID card or driver’s license issued by another state, a federal or state government-issued photo ID, a U.S. passport, a military photo ID, a student photo ID from a high school or institution of higher education, or a tribal photo ID. The bill also would appear to require that the name on the individual’s card or document must sufficiently match the elector’s name in the voter registration record.

The Election Law also currently contains provisions regarding individuals who do not have an acceptable photo ID (either in general or physically with them at the time) and provisions that require a provisional ballot to be issued under certain circumstances, e.g., to a voter whose name is not on the registration list or whose ID does not show a current address. The bill would retain all of these provisions, but amend them so that the required ID referenced throughout is identification for election purposes.

The bill would take effect 90 days after being enacted.

MCL 168.2 et seq.

BRIEF DISCUSSION:

Some questioned whether the photo ID cards now being issued by some local units of government, such as Kalamazoo and Washtenaw Counties and the city of Detroit, should be accepted for voting purposes. (Because those cards are not currently accepted voter ID, the bill does not include them in its definition of identification for election purposes.)

POSITIONS:

A representative of the Department of State testified in support of the bill. (3-1-18)

The Michigan Election Reform Alliance indicated support for the bill. (3-8-18)

                                                                                        Legislative Analyst:   Rick Yuille

                                                                                                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.



[1] http://www.michigan.gov/documents/sos/090507_Voter_Id_QA5_209294_7.pdf