Bill Summary – FastDemocracy

Legislative Analysis
MODIFY PROPOSAL 2022-2 IMPLEMENTATION                                                     Phone: (517) 373-8080
                                                                                          http://www.house.mi.gov/hfa
FOR EARLY VOTING
                                                                                          Analysis available at
House Bill 4695 as enrolled                                                               http://www.legislature.mi.gov
Sponsor: Rep. Penelope Tsernoglou
House Committee: Elections
Senate Committee: Elections and Ethics
Complete to 11-30-23
                                                                             (Enacted as Public Act 259 of 2023)
SUMMARY:
         House Bill 4695 would amend the Michigan Election Law to modify several provisions relating
         to early voting, which was added to the Michigan constitution with the passage of Proposal 2
         of 2022 (see Background, below) and incorporated into the Michigan Election Law by 2023
         PA 81. 1 Under current law, early voting for statewide and federal elections does not begin until
         2024, although some municipalities offered early voting for local elections in November 2023.
         Election inspectors
         Under the bill, election inspectors would be appointed by city and township election boards for
         each early voting site under the same requirements as election inspectors for election day
         precincts. 2
         After the first day of early voting, election inspectors would be required to lock the room in
         which the early voting site was located, rather than the entire building. They would not have
         to secure unprocessed absentee ballots in a locked room but would still be required to seal the
         ballots in a ballot container. 3
         Additionally, after the polls close on election day, election inspectors would be required to use
         the write-in report produced by the tabulator or the write-in votes indicated on the ballots to
         tally write-in votes from early voting sites.
         Tabulators
         The secretary of state now can only approve a configuration of tabulators and poll books to be
         used at an early voting site if, for each tabulator, the configuration produces an accurate poll
         list of voters who cast ballots and balances the number of voters casting a ballot at the early
         voting site with the number of ballots cast. Under House Bill 4695, a configuration could be
         approved if it produces an accurate poll list and balances the number of voters casting a ballot
         with the number of ballots cast at the early voting site as a whole, rather than for each tabulator.
         MCL 168.674 and 168.720j
1
  For a summary of 2023 PA 81, which includes a description of early voting implementation, see:
http://www.legislature.mi.gov/documents/2023-2024/billanalysis/House/pdf/2023-HLA-0367-4BED7BA9.pdf. The
act is set to take effect in early 2024.
2
  At least three election inspectors are appointed by a city or township election board for each precinct, with as equal
of representation of the two major political parties as possible and at least one inspector representing each major party.
For more information, see: https://www.michigan.gov/sos/elections/pollworker#FAQs.
3
  Current law provides that at the close of each subsequent day of early voting, the ballots can be placed or sealed in
a new container or added to a container used for the previous day of early voting.
House Fiscal Agency                                                                                           Page 1 of 2
BACKGROUND:
       Ballot Proposal 22-2 amended the state constitution to grant Michigan voters the right to
       participate in early voting for statewide and federal elections. Early voters have the same rights
       and are subject to the same requirements as voters at polling places on election day. Each early
       voting site must be open for nine consecutive days prior to an election, beginning on the second
       Saturday before and election and ending on the Sunday before the election. Sites must be open
       for at least eight hours for each of these nine days and can be open for additional days and
       hours. Results cannot be generated or reported from a voting site until after 8:00 p.m. on
       election day.
FISCAL IMPACT:
       The bill would have no fiscal impact on the state or local units of government.
                                                           Legislative Analyst: Holly Kuhn
                                                                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.
House Fiscal Agency                                                      HB 4695 as enrolled   Page 2 of 2
Statutes affected: 
Substitute (S-2): 168.674, 168.720
As Passed by the Senate: 168.674, 168.720
House Concurred Bill: 168.674, 168.720
Public Act: 168.674, 168.720
House Enrolled Bill: 168.674, 168.720