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November 27, 2019
Special News Update - Dual AV Application
The Bureau of Elections has received several questions related to Monday’s News Update and the planned March/November dual AV Ballot application. We understand that in prior years, local jurisdictions have used single applications for the March and August primaries, and for some the dual application will be a change from past practice.
The dual application is required by Michigan Election Law. Specifically, MCL 168.759 allows voters the choice to use an AV application to request either a ballot for a primary election or for a primary election and the election that follows. That means that voters requesting a ballot for the March Presidential Primary have the right to an application that also allows them to apply for the November presidential election that follows. The same is true for the August Primary and November General election. If we do not offer an application with both the March Primary and November General election as options for the voter, we have taken that choice away from the voter, which is contrary to what the statute requires.
It is therefore the Bureau’s position that the statute requires us to give the voter the option to apply for both the March and November ballot via a single application, as well as a dual application for August and November. To our knowledge, the issue of whether a dual AV application (March/November OR August/November) is required by law was not raised in the past, but this specific question was posed to us earlier this year as we considered changes to the AV application as a result of Proposal 18-3. While Proposal 18-3 does not speak to this question specifically, we reviewed legal requirements for AV applications as part of our efforts to transition to no-reason AV.
We cannot provide either an AV application form or guidance to local election officials that we see as contrary to the Michigan Election Law. Therefore, the online AV application available on our website and through QVF will remain as described in Monday’s News Update. Updated applications will be posted prior to the May 2020, August/November, and November election cycles.
Further, we would like to emphasize that this section of Michigan Election Law (along with all of the reforms that came with the passage of Proposal 3 last year) reflects a consistent, overall objective of providing the utmost flexibility to voters in requesting and obtaining an absentee ballot. Providing an option now for voters to request ballots for multiple elections provides for that level of greater convenience and flexibility; providing it again as we prepare for the August 2020 primary will provide additional opportunities to ensure the greatest possible level of voter participation. Following the August 2020 primary, a November-only AV application will be available. While any change we undertake may also require adjustments to other processes, there are workable solutions to every scenario.
We have worked well together to implement many recent changes and have been successful in doing so with an emphasis on doing what is best for the voters. As we move into our preparations for the March Presidential Primary, please also refer back to the details in Monday’s News Update on handling exception situations – and let us know if there are other issues that you experience moving forward for which you need further clarification and guidance. Finally, please know that these changes have been thoroughly researched and discussed. While we all know that implementing change can be challenging, let’s continue to work together to evaluate and communicate any issues we are facing as they arise.
Sally Williams
Director of Elections
Jonathan Brater
Legal Policy Director
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