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November 17, 2023
Regular Edition News Update #2023-27
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Legislation Update |
Last February, the governor signed legislation that moved the presidential primary from the second Tuesday in March to February 27, 2024, and then to the fourth Tuesday in February every four years thereafter.
However, that legislation did not receive immediate effect, at that time leaving it unclear as to when the presidential primary would take place.
Additionally, Proposal 2022-2, passed by voters in November 2022, added early voting and other new election policies to the Michigan Constitution. Eight bills implementing those procedures were signed by the governor in July 2023 but also did not receive immediate effect.
The lack of immediate effect for these items and other elections-related measures meant that they would not take effect until 90 days had passed from the date of the legislature’s adjournment for the year (also known as “sine die” adjournment).
The legislature adjourned sine die on November 14. This means that the 2024 Presidential Primary will take place February 27, 2024, and the provisions in the Proposal 2022-2 package will take effect February 13, 2024.
Before adjourning, the legislature passed a Proposal 2022-2 “clean-up bill” that addresses some concerns that have arisen since the passage of the early voting bill, Public Act 81 of 2023/Senate Bill 367. Once it is signed by the governor, House Bill 4695 will do all of the following:
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Clarify that there must be at least 3 election inspectors per EV site (not 3 per precinct at the site)
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Give greater flexibility for balancing the number of voters in the EV EPBs against the number of voters on the tabulators (in cases where EV EPBs and tabulators aren’t paired; the total just has to balance)
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Remove the requirement that AV ballots to be processed at an EV site be kept in a locked room (given that there wouldn’t be any to-be-processed AV ballots at an EV site)
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Require that the room where the EV site is located be locked rather than the building
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Require election inspectors to generate either a totals or a summary tape following the close of polls on Election Day (instead of just totals tape)
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Require that after the close of polls on Election Day, election inspectors use the write-in report produced by the tabulator or the write-in votes indicated on ballots to tally the early voting write-in votes
These provisions take effect 91 days after they are signed by the governor.
Finally, the legislature passed several other bills that are relevant to clerks, including the following:
Currently, if a voter registers 14 days or fewer before an election without a driver’s license/state ID to prove residency, or if the voter doesn’t have ID for election purposes, the voter’s ballot is prepared as a challenged ballot. The bill would remove this “challenged ballot” provision. (Takes effect February 13, 2024.)
PA 88 (HB 4702), which was part of the Prop 2 package, increased precinct size to 5,000, but did not receive immediate effect (meaning it would have taken effect 91 days after the legislature adjourns for the year, or too late to redraw precincts). SBs 572 and 573 bills set the maximum precinct size at 4,999, and did receive immediate effect, meaning they will take effect when the governor signs them. Because the deadline to finalize early voting sites is 60 days before an election, or December 29, the deadline to redraw precincts will also be on that date.
Allows clerks to accept election inspector applications through an online portal or other electronic means. (Takes effect 91 days after it is signed by the governor.)
Precinct Boundary Change Requests
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Michigan Election Law requires that voters be notified of any polling place changes no later than 60 days before Election Day. For the 2024 Presidential Primary, the deadline to notify voters of a polling place change is December 29.
In light of the increased precinct size limits and the impact this will have on the QVF, ballot programming, and the processing of absentee ballot applications, the Bureau asks that precinct boundary changes be submitted ASAP by jurisdictions wishing to redraw their boundaries in 2024.
To estimate voter population totals for new precincts, run a Custom Voter List from QVF. Once the report is generated, you may apply filters, then sort columns based on street name and/or house number. Using the report in this way requires you to visually check the location of streets within your new precincts on a separate map, then tally up the voter records on the custom voter list for that area. Inactive/IVF voters may be excluded from the calculation of precinct size. They are still considered eligible voters but are not counted toward the maximum allowable precinct population. Below are details on how to run this report:
Reports>Custom Voter List, Report Options:
Sort: Address/Last/First/Middle
*Optional Report Criteria
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Select specific precincts for export using the Geography & Precincts tabs
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Exclude the voters on the inactive file by checking the “Exclude Voters in IVF” box
Communities that are dividing current precincts among the remaining precincts should submit a marked-up Street Index Report with the approved resolution. Communities decreasing to a single precinct do not need to submit a marked-up Street Index Report.
Please send precinct boundary change requests to ElectionData@Michigan.gov, with SUBJECT: Precinct Boundary Change, and include a brief description of the request and, if necessary, the approved resolution and marked up street index. Including maps with your change request is also helpful and much appreciated.
To make a marked-up Street Index Report, generate a report of streets and addresses from the QVF and make notations for changes or corrections to existing street segments. From the main menu, click: Reports>Reports>Street Index Listing. Print out the report for the entire jurisdiction. Then, using a ball point pen with red ink, cross out the old precinct or district value and write in the new precinct number for any street segment that is changing.
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