Michigan Proposal 2, Search Warrant for Electronic Data Amendment (2020)

Michigan Proposal 2
Election date November 3, 2020
Topic Law enforcement
Status a Approved
Type Constitutional amendment	Origin State legislature
List of Michigan ballot measuresMichigan Proposal 1Michigan Proposal 2Submit

Michigan Proposal 2, the Search Warrant for Electronic Data Amendment, was on the ballot in Michigan as a legislatively referred constitutional amendment on November 3, 2020. Proposal 2 was approved.

A "yes" vote supported this constitutional amendment to require a search warrant to access a person's electronic data and electronic communications.

A "no" vote opposed this constitutional amendment to require a search warrant to access a person's electronic data and electronic communications.

Election results

Michigan Proposal 2
Result		Votes	Percentage
Yes		4,472,671	88.75%
No		567,130	11.25%

Results are officially certified.

Source

Overview

What did this ballot measure add to the Michigan Constitution?

See also: Changes to the Michigan Constitution

Proposal 2 added language to the Michigan State Constitution that requires a search warrant to access electronic data or electronic communications. The ballot measure also stated that electronic data and electronic communications are secure from unreasonable searches and seizures.

Text of measure

Ballot title

The ballot title was as follows:

“

A proposed constitutional amendment to require a search warrant in order to access a person’s electronic data or electronic communications

”

Ballot summary

The ballot summary was as follows:

“

This proposed constitutional amendment would: Prohibit unreasonable searches or seizures of a person’s electronic data and electronic communications. Require a search warrant to access a person’s electronic data or electronic communications, under the same conditions currently required for the government to obtain a search warrant to search a person’s house or seize a person’s things.

”

Constitutional changes

See also: Article I, Michigan Constitution

The measure amended Section 11 of Article I of the Michigan Constitution. The following underlined text was added and struck-through text was deleted:

Searches and Seizures The person, houses, papers, and possessions, and electronic data and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

Readability score

See also: Ballot measure readability scores, 2020

Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure. The FKGL for the ballot title is grade level 18, and the FRE is 0. The word count for the ballot title is 20, and the estimated reading time is 5 seconds. The FKGL for the ballot summary is grade level 15, and the FRE is 19. The word count for the ballot summary is 55, and the estimated reading time is 14 seconds.

Support

Supporters

Officials

• State Senator Jim Runestad (R)

Political Parties

• Green Party of Michigan
• North Oakland Democratic Club

Organizations

• Americans for Tax Reform

Arguments

• Shelli Weisberg, political director for the ACLU of Michigan: "The courts are coming along on that but enshrining it in our constitution is a very important step."
• Sen. Jim Runestad (R-15): "The failure of our laws to address this new reality is not only a threat to our liberties today. It is a threat to the future liberties of generations to come. The Fourth Amendment still matters. We don’t know what technological advances will come next, but one thing is for sure, after 246 years of us Americans, our right to privacy still matters."

Opposition

Ballotpedia has not identified individuals and entities opposing the ballot measure. If you are aware of published opposition to the ballot measure, you may send a reference link to editor@ballotpedia.org.

Media editorials

Ballotpedia identified the following media editorial boards as taking positions on the ballot measure. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.

Support

• The Toledo Blade Editorial Board: "Michigan voters can strike a blow for liberty by approving an amendment to the state constitution that will protect personal data stored in electronic and digital form. ... It’s a rare opportunity to extend state constitutional protections for citizens. Voters shouldn’t miss an opportunity to decide Michigan’s law directly. ... While the U.S. Supreme Court has ruled that a warrant is needed to search cell phone data, the reality is that courts change their opinions, and police departments change their practices, so the most effective way to protect electronic data is to make it clear by passing a law, in this case an amendment to the state constitution."
• The Detroit News Editorial Board: "Information stored in your cellphone or personal computer is no different than the paper document stashed in your home file cabinets and desk drawers. It's private, and it belongs to you. Government should have a very sound reason to peek at that information, and should have to explain the reason to a judge."

Opposition

Ballotpedia had not identified media editorial boards in opposition to the ballot measure.

Background

Riley v. California (2014)

In Riley v. California (2014), a unanimous U.S. Supreme Court ruled that a warrant is necessary to search a suspect's cellphone during an arrest. Chief Justice John Roberts wrote that while a police officer can inspect the "physical aspects of a phone to ensure that it will not be used as a weapon," a police officer cannot search a phone's data without a warren. Chief Justice Roberts stated, "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life'… The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant."

Constitutional amendments on Michigan ballots

In Michigan, both the state legislature and ballot initiatives can propose amendments to the state constitution. Between 1995 and 2018, the Michigan State Legislature referred nine constitutional amendments to the ballot, while voters decided 15 citizen-initiated constitutional amendments. The legislature's proposed amendments were approved at a higher rate (88.9 percent) than citizen-initiated amendments (40.0 percent). The following chart illustrates trends in constitutional amendments on the ballot in Michigan:

Constitutional amendments on the ballot in Michigan, 1995-2018
Type	Total number	Approved	Percent approved	Defeated	Percent defeated	Even-year average	Even-year median	Even-year minimum	Even-year maximum
Legislative	9	8	88.9%	1	11.1%	0.7	0.0	0	2
Citizen	15	6	40.0%	9	60.0%	1.3	1.0	0	5
Total	24	14	58.3%	10	41.7%	1.9	2.0	0	5

Path to the ballot

See also: Amending the Michigan Constitution

In Michigan, a constitutional amendment must be passed by a two-thirds vote in each chamber of the Michigan State Legislature during one legislative session.

Sen. Jim Runestad (R-15) introduced the amendment into the legislature as Senate Joint Resolution G (SJR G) on June 12, 2019. The Michigan State Senate voted 38 to 0 to pass SJR G on June 11, 2020. At least 26 votes were needed in the Senate. The Michigan House of Representatives voted 106 to 0 to pass SJR G on June 24, 2020. At least 73 votes were needed in the House. With approval in the Senate and House, SJR G was placed on the ballot for the general election on November 3, 2020.

Vote in the Michigan State Senate June 11, 2020
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	38	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	16	0	0
Republican	22	0	0

Vote in the Michigan House of Representatives June 24, 2020
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 73  a
	Yes	No	Not voting
Total	106	0	3
Total percent	97.25%	0.00%	2.75%

How to cast a vote

See also: Voting in Michigan

Click "Show" to learn more about voter registration, identification requirements, and poll times in Michigan.

How to cast a vote in Michigan

The information below covers regular voting policies in the state. Information may have not applied to the election on November 3, 2020, because of temporary changes in response to coronavirus. Click here to read about changes made for the 2020 elections. Poll times In Michigan, polls are open from 7 a.m. to 8 p.m. local time. Most of the state is observes Eastern Time, while several counties observe Central Time. An individual who is in line at the time polls close must be allowed to vote. Registration To vote in Michigan, you must be a United States citizen and a resident of your city or township for at least 30 days. Voters must be at least 18 years old by Election Day. Voters may register to vote online, by mail, or in person at clerk's offices in their county, city, or township or at a state department branch office at least 15 days before an election. Same-day registration is available on Election Day and during the 14 days prior. "Individuals who register to vote within the 14-day period immediately preceding an election must appear in person at their city or township clerk’s office and provide proof of residency." Acceptable documents for proving residency include: Michigan driver’s license or State ID card Current utility bill Bank statement Paycheck or government check Other government document Automatic registration Michigan automatically registers eligible individuals to vote when they apply for or update a driver’s license or personal identification card. Online registration See also: Online voter registration Michigan has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Michigan allows same-day voter registration. Residency requirements Michigan law requires 30 days of residency in the state before a person may vote. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Michigan does not require proof of citizenship for voter registration. Verifying your registration This page, administered by the Michigan Department of State, allows residents to check their voter registration status online. Voter ID requirements Michigan requires voters to present photo identification while voting. The following list of accepted ID was current as of April 2023. Click here for the Michigan Secretary of State page on accepted ID to ensure you have the most current information. Michigan driver’s license Michigan personal identification card Current driver’s license or personal ID card issued by another state Current federal or state government-issued photo ID Current U.S. passport Current military identification card with photo Current student identification with photo from a high school or an accredited institution of higher education Current tribal identification card with photo. A voter who does not have an acceptable form of identification can cast a ballot by signing an affidavit. Voters can obtain a state identification card at a secretary of state branch office for $10. Voters over the age of 65, voters who are blind, and voters whose driving privileges have been terminated due to a physical or mental disability can obtain an identification card for free. Additionally, voters who can present a reason for having the fee waived may also obtain an ID for free. Visit the Michigan secretary of state’s page or call (888) SOS-MICH (767-6424) for more information.

See also

2020 measures

• 2020 ballot measures
• Law enforcement on the ballot
• 2020 legislative sessions

Michigan

• Michigan ballot measures
• Michigan ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• House Joint Resolution G