Bill Summary – FastDemocracy

Legislative Analysis
2025 IMPLEMENTATION OF ELECTRONIC VOTING                                                 Phone: (517) 373-8080
                                                                                         http://www.house.mi.gov/hfa
FOR MILITARY MEMBERS
                                                                                         Analysis available at
Senate Bill 470 as passed by the Senate                                                  http://www.legislature.mi.gov
Sponsor: Sen. Paul Wojno
House Committee: Appropriations
Senate Committee: Elections and Ethics
Complete to 10-12-23
                                                                            (Enacted as Public Act 192 of 2023)
SUMMARY:
         Senate Bill 470 would amend the Michigan Election Law to delay the implementation of
         electronic voting for certain members of the military to September 1, 2025. Under current law,
         electronic voting does not begin until 2024.
         Public Acts 196 and 197 of 2022 authorized electronic voting in Michigan for overseas active-
         duty military members with the use of a Department of Defense verified signature. 1 Beginning
         January 1, 2024, a member of a uniformed service on active duty or a member of the merchant
         marine who, because of active duty or service, is absent from the U.S. and does not expect to
         return to the residence where they are otherwise qualified to vote before an election could
         electronically return a voted ballot to the appropriate city or township clerk to be counted under
         rules developed by the secretary of state (SOS).
         The SOS is currently required to do all of the following:
            • Promulgate rules that establish policies and procedures for the electronic return of
               voted ballots by eligible members (defined as members of the military on active duty
               or members of the merchant marine).
            • In promulgating rules, require the eligible member to use a U.S. Department of Defense
               verified electronic signature, 2 so that the identity of the eligible member can be
               verified. (A member who is unwilling to provide the Department of Defense verified
               signature is ineligible to vote electronically.)
            • Take reasonable efforts to ensure the integrity and secrecy of those ballots.
            • By January 1, 2024, promulgate rules to implement these requirements, in accordance
               with the Administrative Procedures Act.
            • By the 2024 statewide presidential primary election, allow for the electronic return of
               voted ballots by eligible members.
         Senate Bill 470 would instead allow eligible members to vote electronically beginning
         September 1, 2025, which would be the new deadline for the SOS to promulgate rules. The
         SOS also would no longer have to allow for electronic voting by the 2024 presidential primary.
         MCL 168.759a
1
  A summary of 2022 PA 196 and 2022 PA 197 can be found here: http://www.legislature.mi.gov/documents/2021-
2022/billanalysis/House/pdf/2021-HLA-0311-B5F35D59.pdf.
2
  The Michigan Election Law defines a U.S. Department of Defense verified signature, for purposes of the act, as the
certificate-based digital identification code issued to qualified personnel by the U.S. Department of Defense as part of
the Common Access Card (CAC), or its successor.
House Fiscal Agency                                                                                         Page 1 of 2
BACKGROUND:
        Currently, federal 3 and state 4 law require that ballots must be electronically transmitted or
        mailed to active duty members of the military at least 45 days before an election. Thirty-one
        other states, in addition to the District of Colombia and the U.S. Virgin Islands, allow some
        voters to return their ballots electronically through fax, email, or an online portal. 5
        Additionally, Ballot Proposal 22-2 amended the state constitution to grant military and
        overseas voters, including the spouses of uniformed service members and members of the
        merchant marine, the right to have their absentee ballots counted if the ballot was postmarked
        on or before election day and received by the appropriate election official within six days of
        election day. This change was incorporated into the Michigan Election Law by 2023 PA 25. 6
        House Bill 4210 of the current legislative session, a bill that would allow spouses of eligible
        members to vote electronically, also contains provisions delaying the deadline for
        implementing electronic voting until September 1, 2025. The bill was passed by the House in
        September 2023 and has been referred to the Senate Elections and Ethics committee.
FISCAL IMPACT:
        The bill would permit the Department of State to avoid costs of taking certain measures that
        would be needed to comply with the existing deadline under 2022 PA 197. Due to other major
        election reforms that are underway, the department reports that existing personnel resources
        are at capacity. To comply with the existing implementation date, additional temporary staff
        would be required, along with the associated compensation costs.
        There may be additional costs without the bill’s time extension related to not having the time
        needed to properly procure vendor services for a secure web portal for implementing electronic
        return of military servicemember absent voter ballots. The date extension would permit the
        time needed for the request for proposals process that could provide greater security and cost
        effectiveness with the web portal system and contract.
                                                                 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.
3
  The Uniformed and Overseas Citizens Absentee Voting Act, as amended in 2010 by the Military and Overseas Voter
Act, https://www.justice.gov/crt/uniformed-and-overseas-citizens-absentee-voting-act.
4
  MCL 168.759a, codified into section 4 of Article II of the Michigan Constitution by Proposal 3 of 2018. HFA
summary of Proposal 3: http://www.house.mi.gov/hfa/PDF/Alpha/Ballot_Proposal_2018-3_Promote_The_Vote.pdf.
5
  More information on electronic ballot return in each state can be found here: https://www.ncsl.org/elections-and-
campaigns/electronic-ballot-return-internet-voting.
6
  A summary of this change can be found here: http://www.legislature.mi.gov/documents/2023-
2024/billanalysis/House/pdf/2023-HLA-0259-D7CDB546.pdf. Under current law, postmark means any type of
mark applied to an absentee ballot return envelope that indicates when the ballot was mailed.
House Fiscal Agency                                                  SB 470 as passed by the Senate    Page 2 of 2
Statutes affected: 
Senate Introduced Bill: 168.759
As Passed by the Senate: 168.759
As Passed by the House: 168.759
Public Act: 168.759
Senate Enrolled Bill: 168.759