BALLOT PROCESSING, TABULATION S.B. 386 & 387 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 386 (as reported without amendment)
Senate Bill 387 (Substitute S-1 as reported)
Sponsor: Senator Jeremy Moss
Committee: Elections and Ethics
CONTENT
Senate Bill 387 (S-1) would amend the Michigan Election Law to do the following:
-- Allow a city or township to establish election day vote centers to tabulate ballots cast by
electors who registered to vote or updated their voter registration on election day.
-- Prescribe requirements for election day vote centers.
-- Modify requirements for processing and tabulating absent voter ballots.
-- Allow an elector to tabulate the elector's absent voter ballot in person at the elector's
polling place or an appropriate early voting site.
-- Modify requirements for absent voter counting boards.
-- Modify the instructions required to be mailed with absent voter ballots to include
instructions on how an elector could cast an absent voter ballot in person.
-- Allow a city or township to authorize an absent voter counting board that could only
process and tabulate absent voter ballots approved for tabulation and received after 4 PM
on the day before an election and before 8 PM on election day.
-- Prohibit an individual from taking photographs or audio or video recordings within an
absent voter counting place, except in specified circumstances, and prescribe a
misdemeanor for a violation.
-- Allow a city or township with a population of at least 5,000 to establish an absent voter
counting board to process and tabulate absent voter ballots during specific hours on the
eight days before election day.
-- Prescribe requirements for the processing and tabulation of absent voter ballots during
the early voting period.
-- Extend, from the Friday immediately before an election to the second Friday before an
election, the deadline before which an elector could submit a request that the clerk spoil
the elector's absent voter ballot.
-- Repeal Sections 14b, 24k, and 767 of the Michigan Election Law, which govern the use of
absent voter ballot secrecy envelope containers.
Senate Bill 386 would amend the Code of Criminal Procedure to do the following:
-- Remove a provision specifying that disclosing election results or how a ballot was voted is
a felony.
-- Update the MCL reference for the felony of disclosing how a ballot was voted or disclosing
election results early before polls are closed.
MCL 168.764a et al. (S.B. 387)
777.11d (S.B. 386)
BRIEF RATIONALE
Voting absentee has become popular in recent years. Clerks saw a 73% increase in the
number of absentee ballots requested from the 2018 Midterm Election to the 2022 General
floor\sb386 Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.
Election.1 Some believe that this rise in absentee voting has made ballot counting more
difficult and time-consuming for clerks, who may not begin counting until election day.
Accordingly, it has been suggested that clerks be allowed to begin processing absent voter
ballots before election day.
Legislative Analyst: Abby Schneider
FISCAL IMPACT
Senate Bill 387 (S-1) could have indeterminate cost implications for local units of government
related to building rentals, purchase of additional tabulators and poll books, and related IT costs.
Based on Department of State estimates, the cost for a tabulator is $5,600 while the cost of an
electronic poll book is $1,500. Information technology programming costs for tabulators and poll
books is an estimated $250,000 per programmer hired. Building rental costs would vary by
municipal jurisdictions and depend on the number and size of buildings needed to comply with
the bill and the number of jurisdictions that would combine to comply with the bill. Additionally,
the bill would allow certain jurisdictions to combine to establish election day vote centers to
tabulate ballots. Jurisdictions also could combine precincts to establish absent voter counting
boards. The combining of jurisdictions and precincts could result in lower costs as the costs could
be shared. Thus, the costs for locals could vary widely and depend on the specific needs for
equipment and personnel to meet the bill's requirements.
The bill could have an indeterminate negative fiscal impact on the State and local governments.
It is silent on the penalties for violating the prohibition against photographing or audio or video
recording within an absent voter counting place. Generally, new misdemeanor arrests and
convictions increase resource demands on law enforcement, court systems, community
supervision, and jails; however, it is unknown how many people would be prosecuted under the
bill. Local jail costs vary by jurisdiction and thus costs for local governments would vary. Any
additional revenue from imposed fines would go to local libraries.
Senate Bill 386 would have no fiscal impact on local government and an indeterminate fiscal
impact on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v
Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. This means
that the bill's addition to the guidelines would not be compulsory for the sentencing judge. As penalties
for felony convictions vary, the fiscal impact of any given felony conviction depends on judicial decisions.
Date Completed: 6-22-23 Fiscal Analyst: Joe Carrasco, Jr.
Bobby Canell
1
Benander, Angela, "One week before Election Day, nearly 2 million Michiganders have
requested absentee ballots", Michigan Department of State, Nov. 2022.
floor\sb386 Bill Analysis @ www.senate.michigan.gov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.


Statutes affected:
Senate Introduced Bill: 777.11