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Michigan Proposal 2, Voting Policies in Constitution Amendment (2022)
Michigan Proposal 2 | |
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Election date November 8, 2022 | |
Topic Voting policy measures and Elections and campaigns | |
Status![]() | |
Type Constitutional amendment | Origin Citizens |
Michigan Proposal 2, the Voting Policies in Constitution Amendment, was on the ballot in Michigan as an initiated constitutional amendment on November 8, 2022. The ballot measure was approved.
A “yes” vote supported adding several election and voting-related policies to the Michigan Constitution, including some policies that exist in statute and others which would be new. Proposal 2 added the following policies to the state constitution: • creating a nine-day early voting period; • requiring voters to present photo identification or sign an affidavit when voting in person or applying for an absentee ballot; • requiring that military and overseas ballots postmarked by election day are counted; • providing voters with a right to request an absentee ballot; • requiring the state to fund prepaid stamps and a tracking system for absentee ballots; • requiring the state to fund a number of absentee ballot dropboxes; • providing that local governments can accept charitable and in-kind donations to assist with running elections as long as donations are disclosed and aren’t from foreign entities; and • providing that election officials are responsible for election audits, requiring election audits to be conducted in public, and requiring election results to be certified based on votes cast. Proposal 2 also added constitutional language saying that "harassing, threatening, or intimidating conduct," as well as laws, regulations, and practices, that have "the intent or effect of denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote" are prohibited. |
A “no” vote opposed adding these election and voting-related policies to the Michigan Constitution. |
Election results
Michigan Proposal 2 |
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Result | Votes | Percentage | ||
2,586,255 | 59.99% | |||
No | 1,725,110 | 40.01% |
Overview
What voting and election policies did Proposal 2 address?
- See also: Measure design
Proposal 2 added several voting and election policies to the Michigan Constitution. As of 2022, Article II, Section 4(a) of the Michigan Constitution provided voters with specific election-related rights. Proposal 3, which voters approved in 2018, added these rights. Proposal 2 added language regarding additional voting-related rights and provided citizens standing to bring legal actions to enforce these in circuit court.[1] A detailed list of the initiative's provisions is found here.
Below is a comparison of policies in Michigan before the election and Proposal 2:[1]
Policy | Oct. 2022 | Proposal 2 |
---|---|---|
Voter ID | • Law requires voter identification or a signed affidavit before voting in person[2] | • Constitution requires voter identification or a signed affidavit before voting in person |
Early voting | • Law does not provide for an early voting period subject to similar rules as election day voting | • Constitution provides for at least nine days of early voting subject to similar rules as election day voting |
Absentee voting | • Proposal 3 (2018) created a state constitutional right for voters to cast no-excuse absentee ballots during the 40 days before an election | • Constitution provides that voters can submit a single absentee ballot application to cover future elections, with certain exceptions • Constitution provides that voters can use their signatures as identification on absentee ballot applications and absentee ballot envelopes • Constitution provides that, when officials compare signatures to those on record, voters would be notified and given the opportunity to resolve discrepancies |
Absentee ballot stamps | • State does not provide for pre-paid postage for absentee ballots; some counties provided for pre-paid postage | • Constitution requires the state to fund prepaid postage for voters to return absentee ballot applications and absentee ballots |
Absentee ballot tracking | • Law provides for an absentee ballot tracking program[3] | • Constitution requires the state to fund a system for voters to track their absentee ballot applications and absentee ballots |
Military/overseas ballots | • Proposal 3 (2018) required absentee ballots to be sent to military and overseas voters at least 45 days before an election • Law provides that military/overseas ballots must be received by election day[4] |
• Constitution requires military and overseas absentee ballots to be counted as long as they've been postmarked by election day and received within six days after the election |
Private donations | • Law does not address private donations for election administration purposes | • Constitution provides that local governments can accept and use private and in-kind donations for election administration provided public disclosure and that donations are not from foreign sources |
Election audits | • Proposal 3 (2018) created a right to having election results audited • Law provides that the secretary of state conducts post-election audits and supervises county clerks in performing audits[5] |
• Constitution provides that the secretary of state conducts post-election audits and supervises county clerks in performing audits • Provides a constitutional requirement that election audits must be conducted in public, that audit methods must be finalized and made public prior to the election, and that funding for audits be publicly disclosed • Prohibits political party officers from having a role in directing, supervising, or conducting audits |
Certification of election results | • Law provides that the Board of State Canvassers is responsible for determining which candidate received the most votes and won an election[6] | • Constitution requires election results to be determined "solely by the vote of electors casting ballots in the election" • Constitution provides that the Board of State Canvassers is the only entity authorized to certify election results, supervising recounts, and resolving ties |
What did Proposal 2 change about the Michigan Constitution?
Proposal 2 added several voting and election policies to the Michigan Constitution. Some of these policies were new, such as early voting. Others existed as state statute and were codified as constitutional law, such as the state's requirement that voters show identification or sign an affidavit when voting in person.
As provisions of the Michigan Constitution, legislators can not repeal or amend these policies without first passing a constitutional amendment, which would require voter approval.
In 2021, for example, the Republican-controlled Michigan State Legislature passed a bill to require voter ID, eliminating the signed affidavit option, and prohibit private funding from being used for election administration purposes. Gov. Gretchen Whitmer (D) vetoed the bill. Under Proposal 2, the Legislature must place a constitutional amendment on the ballot to make such changes.
Sharon Dolente, a senior advisor for Promote the Vote, said, "I think another piece that gets a lot of important attention is that it would enshrine our current and effective Voter ID system into our Michigan Constitution. So nobody, no courts, again, elected officials can tamper with that in the future."[7] Jeffrey Litten, executive director of Secure MI Vote, said, "Michiganders want safe and secure elections and this amendment doesn’t do that ... These are permanent changes. This isn't just state law. If there's a problem with this, legislators can't just go and fix it."[8]
Who was behind the campaigns surrounding Proposal 2?
- See also: Campaign finance
Promote the Vote 2022 led the campaign in support of Proposal 2. In 2018, the ACLU of Michigan, NAACP Michigan State Conference, and League of Women Voters of Michigan launched Promote the Vote.[9] The campaign was behind 2018's Proposal 3, which enacted automatic voter registration, no-excuse absentee voting, and other voting policies. For Proposal 2, Promote the Vote raised $23.60 million, including $11.26 million from the Sixteen Thirty Fund.[10]
Secure MI Vote and Protect MI Voter ID opposed Proposal 2. Secure MI Vote also supported an indirect initiative, which was designed to require an identification card to cast an in-person or absentee ballot and prohibit local governments from accepting private or in-kind donations for election administration. Secure MI Vote, Protect MI Voter ID, and two additional PACs raised a combined $8.09 million, including $2.86 million from the Liberty Initiative Fund.[10]
Aftermath
Lindsey, et al, v. Whitmer, et al.
On September 28, 2023, 11 Michigan lawmakers, including Sen. Jonathan Lindsey (R), and Rep. Steve Carra (R), filed a lawsuit with the United States District Court for the Western District of Michigan. The lawsuit said that the changes in election policy approved by voters in 2018 and in 2022, saying that the both ballot measures approved by voters, Proposal 3 in 2018 and Proposal 2 in 2020, violated Article 1, Section 4, Clause 1 of the U.S. Constitution, which says that state legislatures to set the time, place and manner of conducting elections.
Measure design
Click on the arrows (▼) below for summaries of the different provisions of Proposal 2.
Constitutional language on right to vote: Changes to Section 4(a), Article II, Michigan Constitution
As of 2022, Article II, Section 4(a) of the Michigan Constitution provided voters with specific rights. Proposal 3, which voters approved in 2018, added these rights.
Proposal 2 added the following to Article II, Section 4(a):
- Language saying that "Every citizen of the United States who is an elector qualified to vote in Michigan" has a fundamental right to vote.
- Language prohibiting persons, entities, and governments from enacting or using laws, regulations, or practices with "the intent or effect of denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote."
- Language prohibiting persons, entities, and governments from engaging in harassing, threatening, or intimidating conduct with "the intent or effect of denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote."
Proposal 2 provided that Michigan citizens have standing to bring legal actions to enforce these provisions in circuit court.
Voter identification requirements: Add the identification or affadvit requirement to the Michigan Constitution
As of 2022, Michigan Election Law required voters to present photo identification at polling places or, when the voter does not have an acceptable photo ID, sign an affidavit.
Proposal 2 added this requirement to the Michigan Constitution.
Early voting: Require an early voting period in Michigan
Proposal 2 created a state constitutional right to early voting, which is subject to the same requirements as in-person voting on election day. Under Proposal 2, an early voting site is allowed to serve voters from more than six precincts and from more than one municipality within a county.
Proposal 2 required the early voting period to span at least nine days from the second Saturday before the election to the Sunday before the election. Early voting sites needed to be open for at least eight hours per day.
The ballot measure prohibited election officials from reporting early voting results until after 8 p.m. on election day, which, as of 2022, was the same time that polls close on election day.
Absentee ballots: Provisions on absentee ballot applications and signatures
In 2018, Proposal 3 created a state constitutional right for voters to cast no-excuse absentee ballots during the 40 days before an election.
Proposal 2 created a state constitutional right for voters to submit a single absentee ballot application to cover future elections. Under Proposal 2, this right is rescinded when (a) a voter requests to no longer receive absentee ballots, (b) a voter is no longer qualified to vote, (c) officials receive reliable information that the voter moved to another state or moved within the state without updating their address, and (d) the voter has not cast a ballot for six consecutive years.
Proposal 2 also provided the following about signatures as identification on absentee ballot applications and absentee ballot envelopes:
- Proposal 2 provided that, when applying for an absentee ballot, voters can use their signature as identification. Officials were required to compare that application signature to the voter's registration record signature. When officials determined that an application signature and registration signature do not agree, or when a signature is missing from the application, voters must be notified and given an opportunity to correct the issue.
- Proposal 2 included a similar requirement for absentee ballots — voters were to use their signature as identification on the ballot envelope, and officials would compare that signature to either the absentee application signature or registration signature. When the signatures are not similar, or when a voter does not include a signature on the envelope, the voter must be notified and given an opportunity to correct the issue.
Military and overseas absentee ballots: Require ballots postmarked by election day to be counted
Proposal 3 (2018) added Article II, Section 4(b) of the Michigan Constitution, which required absentee ballots to be sent to military and overseas voters at least 45 days before an election.
Proposal 2 required military and overseas absentee ballots to be counted as long as they've been postmarked by election day and received within six days after the election.
Absentee ballot postage and tracking: Require state-funded postage and tracking system
Proposal 2 required the state to fund prepaid postage for voters to return absentee ballot applications and absentee ballots.
Proposal 2 also required the state to fund a system for voters to track their absentee ballot applications and absentee ballots. The ballot initiative required this system to allow voters to receive electronic notifications regarding their application's or ballot's status, deficiencies with the application or ballot, and instructions on addressing deficiencies.
Absentee ballot dropboxes: Require state-funded ballot absentee ballot drop boxes
Proposal 2 required the state to fund absentee ballot drop boxes as follows:
- One drop box for every municipality; or
- One drop box for every 15,000 registered voters in municipalities with more than 15,000 voters.
Proposal 2 required the drop boxes to be accessible 24 hours per day during the 40 days before an election, including until 8 p.m. on election day.
Election audits: Provisions on conducting election audits
Proposal 3, passed in 2018, provided that voters have a "right to have the results of statewide elections audited, in such a manner as prescribed by law, to ensure the accuracy and integrity of elections."
Proposal 2 added additional requirements about election audits, including:
- Providing that the Michigan Secretary of State is responsible for supervising and directing local election officials in conducting audits.
- Prohibiting political party officers and party precinct delegates from having a role in directing, supervising, or conducting audits.
- Requiring that election audits be conducted in public.
- Requiring that election audit methods be finalized and made public prior to the election.
- Requiring that funding for election audits be publicly disclosed.
Private donations for election administration: Provisions allow private donations for election administration purposes
Proposal 2 added language to the state constitution to allow for these donations provided that they're disclosed to the public and not from foreign sources.
Canvassing: Rules regarding the canvassing of election results
Proposal 2 added language to the state constitution requiring that election results be determined "solely by the vote of electors casting ballots in the election."
Proposal 2 provided, in the Michigan Constitution, the following about the Board of State Canvassers:
- The board is the only entity authorized to certify election results;
- The board is responsible for supervising recounts; and
- The board must resolve ties in candidate elections by drawing lots.
Text of measure
Ballot title
The ballot title was as follows:[11]
“ | A proposal to amend the state constitution to add provisions regarding elections.[12] | ” |
Ballot summary
The ballot summary was as follows:[11]
“ |
This proposed constitutional amendment would:
Should this proposal be adopted?[12] |
” |
Constitutional changes
- See also: Article II, Michigan Constitution
The ballot measure amended Article 2, Section 4 and Section 7, of the Michigan Constitution. The following underlined text were added and struck-through text would be deleted:
Note: Hover over the text and scroll to see the full text.
Section 4. Place and Manner of Elections
(1) Every citizen of the United States who is an elector qualified to vote in Michigan shall have the following rights:
(A) The fundamental right to vote, including but not limited to Tthe right, once registered, to vote a secret ballot in all elections. No person shall: (1) enact or use any law, rule, regulation, qualification, prerequisite, standard, practice, or procedure; (2) engage in any harassing, threatening, or intimidating conduct; or (3) use any means whatsoever, any of which has the intent or effect of denying, abridging, interfering with, or unreasonably burdening the fundamental right to vote.
Any Michigan citizen or citizens shall have standing to bring an action for declaratory, injunctive, and/or monetary relief to enforce the rights created by this part (a) of subsection (4)(1) on behalf of themselves. Those actions shall be brought in the circuit court for the county in which a plaintiff resides. If a plaintiff prevails in whole or in part, the court shall award reasonable attorneys’ fees, costs, and disbursements.
For purposes of this part (a) of subsection (4)(1), “person” means an individual, association, corporation, joint stock company, labor organization, legal representative, mutual company, partnership, unincorporated organization, the state or a political subdivision of the state or an agency of the state, or any other legal entity, and includes an agent of a person.
(B) The right, if serving in the military or living overseas, to have an absent voter ballot sent to them at least forty-five (45) days before an election upon application and to have their absent voter ballot deemed timely received if postmarked on or before election day and received by the appropriate election official within six (6) days after such election. For purposes of this part (b) of subsection (4)(1), a postmark shall include any type of mark applied by the United States postal service or any delivery service to the return envelope, including but not limited to a bar code or any tracking marks, which indicates when a ballot was mailed.
(C) The right, once registered, to a “straight party” vote option on partisan general election ballots. in partisan elections, the ballot shall include a position at the top of the ballot by which the voter may, by a single selection, record a straight party ticket vote for all the candidates of one (1) party. The voter may vote a split or mixed ticket.
(D) The right to be automatically registered to vote as a result of conducting business with the secretary of state regarding a driver’s license or personal identification card, unless the person declines such registration.
(E) The right to register to vote for an election by mailing a completed voter registration application on or before the fifteenth (15th) day before that election to an election official authorized to receive voter registration applications.
(F) The right to register to vote for an election by (1) appearing in person and submitting a completed voter registration application on or before the fifteenth (15th) day before that election to an election official authorized to receive voter registration applications, or (2) beginning on the fourteenth (14th) day before that election and continuing through the day of that election, appearing in person, submitting a completed voter registration application and providing proof of residency to an election official responsible for maintaining custody of the registration file where the person resides, or their deputies. persons registered in accordance with subsection (1)(f) shall be immediately eligible to receive a regular or absent voter ballot.
(G) The right, once registered, to prove their identity when voting in person or applying for an absent voter ballot in person by (1) presenting their photo identification, including photo identification issued by a federal, state, local, or tribal government or an educational institution, or (2) if they do not have photo identification or do not have it with them, executing an affidavit verifying their identity. A voter shall not be required to vote a provisional ballot solely because they executed an affidavit to prove their identity.
(H)(G) The right, once registered, to vote an absent voter ballot without giving a reason, during the forty (40) days before an election, and the right to choose whether the absent voter ballot is applied for, received and submitted in person or by mail. during that time, election officials authorized to issue absent voter ballots shall be available in at least one (1) location to issue and receive absent voter ballots during the election officials’ regularly scheduled business hours and for at least eight (8) hours during the Saturday and/or Sunday immediately prior to the election. Those election officials shall have the authority to make absent voter ballots available for voting in person at additional times and places beyond what is required herein. Voters shall have the right to prove
their identity when applying for or voting an absent voter ballot other than in person by providing their signature to the election official authorized to issue absent voter ballots. those election officials shall: (1) verify the identity of a voter who applies for an absent voter ballot other than in person by comparing the voter’s signature on the absent voter ballot application to the voter’s signature in their registration record; and (2) verify the identity of a voter who votes an absent voter ballot other than in person by comparing the signature on the absent voter ballot envelope to the signature on the voter’s absent voter ballot application or the signature in the voter's registration record. If those election officials determine from either of the comparisons in (1) or (2) of this part (h) of subsection (4)(1) that
the signatures do not sufficiently agree, or if the voter’s signature on the absent voter ballot application or absent voter ballot envelope is missing, the voter has a right to be notified immediately and afforded due process, including an equitable opportunity to correct the issue with the signature.
(I) The right to: (1) state-funded prepaid postage to return an absent voter ballot application provided to them by a Michigan election official; (2) state-funded prepaid postage to return a voted absent voter ballot; and (3) a state-funded system to track submitted absent voter ballot applications and absent voter ballots. The system shall permit voters to elect to receive electronic notifications regarding the status of the voter’s submitted absent voter ballot application and absent voter ballot, inform voters of any deficiency with the voter’s submitted absent voter ballot application or absent voter ballot, and provide instructions for addressing any such deficiency.
(J) The right to at least one (1) state-funded secure drop-box for every municipality, and for municipalities with more than fifteen thousand (15,000) registered voters at least one (1) drop-box for every fifteen thousand (15,000) registered voters, for the return of completed absent voter ballot applications and voted absent voter ballots. Secure drop-boxes shall be distributed equitably throughout the municipality and shall be accessible twenty-four (24) hours per day during the forty (40) days prior to any election and until eight (8) PM on election day.
(K) The right, once registered, to have an absent voter ballot sent to the voter before each election by submitting a single signed absent voter ballot application covering all future elections. An election official responsible for issuing absent voter ballots shall issue an absent voter ballot for each election to every voter in the jurisdiction who has exercised the right in this part (k) of subsection (4)(t) and shall not require such voter to submit a separate application for an absent voter ballot for any election. A voter’s exercise of this right shall be rescinded only if: (1) the voter submits a signed request to rescind; (2) the voter is no longer qualified to vote; (3) the Secretary of State or the election official responsible for issuing the voter an absent voter ballot receives reliable information that the voter has moved to another state, or has moved within this state without updating their voter registration address; or (4) the voter does not vote for six (6) consecutive years. The exercise of the right in this part (k) of subsection (4)(1) shall remain in effect without the need for a new absent voter ballot application when the voter changes their residence in this state and updates their voter registration address.
(L)(H) The right to have the results of statewide elections audited, in such manner as prescribed by law, to ensure the accuracy and integrity of elections.The Secretary of State shall conduct election audits, and shall supervise and direct county election officials in the conduct of such audits. No officer or member of the governing body of a national, state, or local political party, and no political party precinct delegate, shall have any role in the direction, supervision, or conduct of an election audit. Public election officials shall maintain the security and custody of all ballots and election materials during an election audit. Election audits shall be conducted in public based on methods finalized and made public prior to the election to be audited. all funding of election audits shall be publicly disclosed.
(M) The right, once registered, to vote in each statewide and federal election in person at an early voting site prior to election day. Voters at early voting sites shall have the same rights and be subject to the same requirements as voters at polling places on election day. An early voting site is a polling place and shall be subject to the same requirements as an election day polling place, except that an early voting site may serve voters from more than six (6) precincts and may serve voters from more than one (1) municipality within a county. An early voting site shall also be subject to the same requirements as an election day precinct, except that any statutory limit on the number of voters assigned to a precinct shall not apply to an early voting site. Each early voting site shall be open for at least nine (9) consecutive days beginning on the second Saturday before the election and ending on the Sunday before the election, for at least eight (8) hours each day, and may be open for additional days and hours beyond what is required herein at the discretion of the election official authorized to issue ballots in the jurisdiction conducting the election. Jurisdictions conducting elections within a county may enter into agreements to share early voting sites. A jurisdiction conducting an election may enter into an agreement with the clerk of the county in which it is located authorizing the county clerk to conduct early voting for the jurisdiction. Jurisdictions conducting non-statewide elections may offer early voting for such elections in accordance with the provisions of this part (m) of subsection (4)(1). No early voting results shall be generated or reported until after eight (8) PM on election day.
All rights set forth in this subsection shall be self-executing. This subsection shall be liberally construed in favor of voters’ rights in order to effectuate its purposes. Nothing contained in this subsection shall prevent the legislature from expanding voters’ rights beyond what is provided herein. This subsection and any portion hereof shall be severable. If any portion of this subsection is held invalid or unenforceable as to any person or circumstance, that invalidity or unenforceability shall not affect the validity, enforceability, or application of any other portion of this subsection.
(2) Except as otherwise provided in this constitution or in the constitution or laws of the United States, the legislature shall enact laws to regulate the time, place and manner of all nominations and elections, to preserve the purity of elections, to preserve the secrecy of the ballot, to guard against abuses of the elective franchise, and to provide for a system of voter registration and absentee voting. No law shall be enacted which permits a candidate in any partisan primary or partisan election to have a ballot designation except when required for identification of candidates for the same office who have the same or similar surnames.
(3) A county, city, or township conducting an election may accept and use publicly-disclosed charitable donations and in-kind contributions to conduct and administer elections. The county, city, or township shall retain discretion over whether to accept or use any such donations or contributions. Charitable donations and in-kind contributions of foreign funds or from foreign sources are prohibited.
Section 7. Boards of Canvassers
The outcome of every election in this state shall be determined solely by the vote of electors casting ballots in the election.
(2)A board of state canvassers of four members shall be established by law. No candidate for an office to be canvassed nor any inspector of elections shall be eligible to serve as a member of a board of canvassers. A majority of any board of canvassers shall not be composed of members of the same political party.The legislature may by law establish boards of county canvassers.
(3) It shall be the ministerial, clerical, nondiscretionary duty of a board of canvassers, and of each individual member thereof, to certify election results based solely on: (1) certified statements of votes from counties; or (2) in the case of boards of county canvassers, statements of returns from the precincts and absent voter counting boards in the county and any corrected returns. The Board of State Canvassers is the only body or entity in this state authorized to certify the results of an election for statewide or federal office and to determine which person is elected in such election.
(4) If the certified results for any office certified by the board of state canvassers show a tie among two (2) or more persons, the tie shall be resolved and the winner certified by the drawing of lots under rules promulgated by the board of state canvassers. If the certified results for an office certified by a board of county canvassers show a tie among two (2) or more persons, the tie shall be resolved and the winner certified by such Board of Canvassers under procedures prescribed by law.
(5) The certification of any election results by the Board of State Canvassers shall be final subject only to (a) a post-certification recount of the votes cast in that election supervised by the board of state canvassers under procedures prescribed by law; or (b) a post-certification court order.
(6) Aboard of canvassers is authorized to conduct post-certification recounts of election results under procedures prescribed by law.
(7) For purposes of this section “to certify” means to make a signed, written statement. [12]
Readability score
- See also: Ballot measure readability scores, 2022
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 13, and the FRE is 26. The word count for the ballot title is 12.
The FKGL for the ballot summary is grade level 9, and the FRE is 41. The word count for the ballot summary is 110.
Support
Promote the Vote 2022 led the campaign in support of Proposal 2.[13] Promote the Vote was behind 2018's Proposition 3, which enacted policies allowing for straight-ticket voting, automatic voter registration, same-day voter registration, and no-excuse absentee voting.
Supporters
Former Officials
Political Parties
Unions
- American Federation of Teachers - Michigan
- Michigan AFL-CIO
- Michigan Education Association
- Michigan Regional Council of Carpenters and Millwrights
- SEIU Michigan State Council
Organizations
- ACLU of Michigan
- APIA Vote Michigan
- American Civil Liberties Union
- American Promise Michigan
- Ballot Initiative Strategy Center
- Common Cause Michigan
- Democracy Fund Voice
- Detroit Action
- Detroit Regional Chamber
- Election Reformers Network
- End Citizens United
- Equality Michigan
- Hopewell Fund
- Human Rights Campaign PAC
- League of Women Voters of Michigan
- Michigan Farmers Union
- Michigan League for Public Policy
- Michigan League of Conservation Voters
- Movement 4 Black Lives
- NAACP Michigan
- Open Society Foundation
- Sixteen Thirty Fund
- Stand Up America
- Voters Not Politicians
Individuals
Arguments
Opposition
Secure MI Vote and Protect MI Voter ID led the campaign in opposition to Proposal 2.[14][15] Secure MI Vote also supported an indirect initiative, which was designed to require an identification card to cast an in-person or absentee ballot and prohibit local governments from accepting private funds or in-kind contributions for election administration. Secure MI Vote spokesperson Jamie Roe said Proposal 2 would make the campaign's own initiative irrelevant. "Constitution trumps law," said Roe.[16]
Opponents
Officials
- U.S. Rep. Lisa McClain (R)
- New York U.S. Rep. Claudia Tenney (R)
- State Sen. Ruth Johnson (R)
- Senate Majority Leader Mike Shirkey (R)
- Wayne State University Board Member Terri Lynn Land (R)
Former Officials
- Former Secretary of State and U.S. Rep. Candice Miller (R)
Political Parties
Organizations
- Americans for Tax Reform
- Heritage Action for America
- Honest Elections Project
- Lawyers Democracy Fund
- Liberty Initiative Fund
- Michigan Farm Bureau
- Restoring Integrity and Trust in Elections
Individuals
- Richard Uihlein - CEO of Uline Corporation
Arguments
Campaign finance
The Promote the Vote 2022 PAC was registered to support Proposal 2. The PAC raised $23.60 million, including $11.26 million from the Sixteen Thirty Fund.[10]
Four PACs—Secure MI Vote, Defend Your Vote, Protect MI Voter ID, and Unborn Equity and Voting Integrity—were registered to oppose Proposal 2. Together, the PACs raised $8.09 million, including $2.86 million from the Liberty Initiative Fund.[10]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $20,688,994.54 | $2,915,740.95 | $23,604,735.49 | $20,521,810.86 | $23,437,551.81 |
Oppose | $4,712,569.20 | $3,374,374.38 | $8,086,943.58 | $4,679,612.19 | $8,053,986.57 |
Total | $25,401,563.74 | $6,290,115.33 | $31,691,679.07 | $25,201,423.05 | $31,491,538.38 |
Support
The following table includes contribution and expenditure totals for the committees in support of the measure.[10]
Committees in support of Proposal 2 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Promote the Vote 2022 | $20,688,994.54 | $2,915,740.95 | $23,604,735.49 | $20,521,810.86 | $23,437,551.81 |
Total | $20,688,994.54 | $2,915,740.95 | $23,604,735.49 | $20,521,810.86 | $23,437,551.81 |
Donors
The following were the top donors who contributed to the support committees.[10]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Sixteen Thirty Fund | $10,500,000.00 | $761,370.00 | $11,261,370.00 |
Voters Not Politicians | $125,000.00 | $1,694,750.67 | $1,819,750.67 |
Lynn Schusterman | $1,500,000.00 | $0.00 | $1,500,000.00 |
Open Society Foundation | $1,200,000.00 | $0.00 | $1,200,000.00 |
Hopewell Fund | $675,000.00 | $0.00 | $675,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the measure.[10]
Committees in support of Proposal 2 | |||||
---|---|---|---|---|---|
Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Secure MI Vote | $1,789,053.00 | $3,374,374.38 | $5,163,427.38 | $1,797,499.44 | $5,171,873.82 |
Protect MI Voter ID | $2,807,555.00 | $0.00 | $2,807,555.00 | $2,800,591.80 | $2,800,591.80 |
Unborn Equity and Voting Integrity | $65,861.20 | $0.00 | $65,861.20 | $64,411.10 | $64,411.10 |
Defend Your Vote | $50,100.00 | $0.00 | $50,100.00 | $17,109.85 | $17,109.85 |
Total | $4,712,569.20 | $3,374,374.38 | $8,086,943.58 | $4,679,612.19 | $8,053,986.57 |
Donors
The following were the top donors who contributed to the opposition committees.[10]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Liberty Initiative Fund | $1,046,500.00 | $1,809,554.93 | $2,856,054.93 |
Michigan Guardians of Democracy | $1,140,000.00 | $999,828.65 | $2,139,828.65 |
Richard Uihlein | $1,900,000.00 | $0.00 | $1,900,000.00 |
Michigan Republican Party | $12,000.00 | $564,990.80 | $576,990.80 |
Save America | $150,000.00 | $0.00 | $150,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
- See also: 2022 ballot measure media endorsements
Support
The following media editorial boards published an editorial supporting the ballot measure:
Opposition
The following media editorial boards published an editorial opposing the ballot measure:
Polls
- See also: 2022 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
Michigan Proposal 2, Voting Policies in Constitution Amendment (2022) | ||||||
---|---|---|---|---|---|---|
EPIC-MRA | 10/28/22 - 11/01/22 | 600 LV | ± 4.0% | 68.0% | 29.0% | 3.0% |
Question: "Proposal 2 would amend the constitution to: • Recognize fundamental right to vote without
harassing conduct; • Require military or overseas ballots be counted if postmarked by election day; •
Provide voter right to verify identity with photo ID or signed statement; • Provide voter right to single
application to vote absentee in all elections; • Require state-funded absentee-ballot drop boxes, and
postage for absentee applications and ballots; • Provide that only election officials may conduct postelection audits; • Require 9 days of early in-person voting; • Allow donations to fund elections, which
must be disclosed; • and require canvass boards certify election results based only on the official records
of votes cast. |
||||||
The Glengariff Group, Inc. | 10/26/22-10/28/22 | 600 LV | ± 4.0% | 63.7% | 32.9% | 2.6% |
Question: "Proposal 2 would amend the state constitution to add provisions regarding elections. This amendment would recognize the fundamental right to vote without harassing conduct. Require military or overseas ballots be counted if postmarked by election day. Provide voters right to verify identity with photo ID or signed statement. Provide voter right to single application to vote absentee ballot in all election. Require state funded absentee ballot drop boxes and postage for absentee applications and ballots. Provide that only election officials may conduct post-election audits. Require nine days of early in person voting. Allow donations to fund elections, which must be disclosed. Require canvass boards certify elections based only on the official records of votes cast." | ||||||
EPIC-MRA | 10/06/22-10/12/22 | 600 LV | ± 4.0% | 67.0% | 23.0% | 10.0% |
Question: "Proposal 2 would amend the constitution to: • Recognize fundamental right to vote without
harassing conduct; • Require military or overseas ballots be counted if postmarked by election day; • Provide voter right to verify identity with photo ID or signed statement; • Provide voter right to single application to vote absentee in all elections; • Require state-funded absentee-ballot drop boxes, and postage for absentee applications and ballots; • Provide that only election officials may conduct postelection audits; • Require 9 days of early in-person voting; • Allow donations to fund elections, which must be disclosed; • and require canvass boards certify election results based only on the official records of votes cast. After hearing this description of the proposal, if the election were held today, would you vote “yes” to adopt the proposal, or would you vote “no” to NOT adopt it?" |
||||||
The Glengariff Group, Inc. | 9/26/22-9/29/22 | 600 LV | ± 4.0% | 70.3% | 14.3% | 15.3% |
Question: "Proposal 2 would amend the state constitution to add provisions regarding elections. This amendment would recognize the fundamental right to vote without harassing conduct. Require military or overseas ballots be counted if postmarked by election day. Provide voters right to verify identity with photo ID or signed statement. Provide voter right to single application to vote absentee ballot in all election. Require state funded absentee ballot drop boxes and postage for absentee applications and ballots. Provide that only election officials may conduct post-election audits. Require nine days of early in person voting. Allow donations to fund elections, which must be disclosed. Require canvass boards certify elections based only on the official records of votes cast." | ||||||
EPIC-MRA | 9/15/22-9/19/22 | 600 LV | ± 4.0% | 70.0% | 20.0% | 10.0% |
Question: ""Now I will ask how you would vote on two proposals that will appear on the November ballot. Proposal 2: This proposed constitutional amendment would:
|
||||||
Note: LV is likely voters, RV is registered voters, and EV is eligible voters.
Background
Michigan Proposal 3 (2018)
Promote the Vote sponsored Proposal 3, an initiated constitutional amendment, in 2018. Proposal 3 was approved, receiving 66.90 percent of the vote.
The ballot initiative added several voting policies to the Michigan Constitution, including straight-ticket voting, automatic voter registration, same-day voter registration, and no-excuse absentee voting.
In 2018, the ACLU of Michigan, NAACP Michigan State Conference, and League of Women Voters of Michigan launched Promote the Vote.[9] Promote the Vote raised $5.40 million, including $2.60 million from the ACLU, to support Proposal 3. Protect My Vote was formed to oppose Proposal 3 and raised $3.36 million, including $3.06 million from the Michigan Freedom Fund.
Michigan Senate Bill 303 (2021)
In 2021, the Michigan State Legislature passed Senate Bill 303 (SB 303), a bill designed to address election and voting law. SB 303 was approved along partisan lines. In the Legislature, Republicans supported SB 303, and Democrats opposed the bill.[17] Gov. Gretchen Whitmer (D) vetoed the legislation on October 29, 2021.[18]
SB 303 would have eliminated the option to sign an affidavit, rather than presenting an identification card, to vote at a polling place. Voters would have been required to provide identification. Persons without identification would have been allowed to cast a provisional ballot.[17]
The bill would have prohibited election officials from sending absentee ballot applications to electors unless an elector requested the application. SB 303 would have also required electors to submit specific forms of identification with absentee ballot applications. SB 303 would have prohibited absentee ballots that were delivered after election day from being counted.[17]
SB 303 would have prohibited the state and local governments from using private funds or in-kind contributions for election administration purposes.[17]
State Sen. Ruth Johnson (R-14) said, "Ensuring the security of our elections is vital to our democracy, and this legislation will help to fix vulnerabilities which were created by Proposal 3 of 2018."[19]
Gov. Whitmer said, "There is no evidence that use of affidavit ballots is related to voter fraud. Yet this voting restriction would disenfranchise the more than 18,000 voters who relied on the affidavit ballot in recent elections."[18]
Secure MI Vote-sponsored initiative
Secure MI Vote, a committee opposed to Proposal 2, is also sponsoring an indirect initiative, which was filed on September 27, 2021. The initiative would require identification for in-person and absentee voting, prohibit absentee ballot applications from being sent to electors without an elector requesting the application, and prohibit private funding and in-kind contributions for election administration purposes.
Charlie Spies, a lawyer for Secure MI Vote, said, "The reforms here provide confidence in the conduct of elections as well as our democratic system." Mary Ellen Gurewitz, an attorney for the Michigan Democratic Party, said, "It is not about protecting the vote or increasing participation. It is about making it far more difficult to vote absentee. It even seeks to make it more difficult to register to vote."[20]
As an indirect initiative, the proposal would first go to the Legislature, which then has 40 days to pass the initiative into law. The governor cannot veto indirect initiatives that legislators approve. If the legislature does not approve the initiative, then it appears on the next general election ballot. Jamie Roe, a spokesperson for Secure MI Vote, said the campaign was focused on getting legislative approval.[21]
On July 29, 2022, Secure MI Vote submitted 514,294 signatures for the initiative.[22] At least 340,047 signatures need to be valid.
Laws governing early voting
- See also: Early voting
As of 2022, Michigan did not have an early voting period subject to the same requirements as polling places on election day. Voting was permitted before election day as in-person absentee voting, meaning a voter could go to a local election clerk’s office, fill out an absentee ballot application, get the absentee ballot, and submit it to the clerk's office.
As of October 2022, 46 states provided for some form of voting prior to election day.[23]
- Michigan was one of 18 states where voters could cast absentee ballots in person before election day.
- Twenty states offered an early in-person voting period subject to the same or similar rules as election day voting.
- Four states conducted all-mail voting for elections.
The remaining states—Alabama, Connecticut, Mississippi, and New Hampshire—did not provide for any form of voting prior to election day.[23]
The following map shows the states where early voting or in-person absentee voting were available as of October 2022:
Laws governing voter identification
- See also: Voter identification laws by state
In Michigan, voters were asked to provide identification at polling places. When a voter did not present identification, the voter could sign an affidavit instead.[24]
As of October 1, 2022, Michigan was one of 35 states that enforced (or were scheduled to begin enforcing) voter identification requirements. Including Michigan, 21 states required or requested voters to present photo identification at the polls; the remainder accepted other forms of identification.
The following map shows the states where voter identification was required or requested as of October 2022:
Laws governing private funding for election administration
As of October 1, 2022, 24 states had enacted legislation to prohibit private funding for election administration. According to NCSL, these laws were enacted in 2021 or 2022.[25]
In 2020, Facebook CEO Mark Zuckerberg and his wife, Dr. Priscilla Chan, donated $350 million to the Center for Tech and Civic Life (CTCL). CTCL announced that the donation would be used to provide coronavirus response grants for local election administration purposes. CTCL awarded over 2,500 grants. These donations sparked debate about non-governmental entities providing private funding for election administration efforts.
The following map shows the states that enacted legislation to prohibit private funding for election administration purposes as of October 2022:
Path to the ballot
Process in Michigan
In Michigan, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 10 percent of votes cast for governor in the last gubernatorial election. Signatures older than 180 days are invalid, which means all signatures must be collected within a 180-day window. Amendment petitions must be filed 120 days prior to the election.
The requirements to get an initiated constitutional amendment certified for the 2022 ballot:
- Signatures: 425,059 valid signatures were required.
- Deadline: The deadline to submit signatures was July 11, 2022.
Signature petitions are filed with the secretary of state and verified by the board of state canvassers using a random sample method of verification.
Stages of this initiative
Promote the Vote 2022 filed an initiative petition with the State Board of Canvassers on January 31, 2022.[1] The board voted to approve the petition form on February 11, allowing the campaign to begin collecting signatures.[26][27]
On July 11, Promote the Vote 2022 announced that supporters submitted 669,972 signatures.[28] On August 25, the Michigan Bureau of Elections announced that 507,780 signatures were estimated to be valid.[29]
Attorneys for Defend Your Vote, a committee opposed to Proposal 2, challenged the petition before the Board of State Canvassers, stating that the petition failed "to strictly adhere, as required, to the form required by the Michigan Constitution and state statute" and did not provide information on the provisions of the Michigan Constitution the petition would abrogate.[30]
On August 31, 2022, the Board of State Canvassers deadlocked 2-2 on certifying the petition to the ballot. The board's two Republicans, Tony Daunt and Richard Houskamp, voted against placing the initiative on the ballot. The board's two Democrats, Mary Ellen Gurewitz and Jeannette Bradshaw, voted in favor of placing the initiative on the ballot. Promote the Vote 2022 appealed to the Michigan Supreme Court.[31]
On September 8, 2022, the Michigan Supreme Court ordered the Board of State Canvassers to place the initiative on the ballot. The ruling said, "[W]e conclude that the proposed amendments would not abrogate any of the constitutional provisions identified by the challenger. The Board thus has a clear legal duty to certify the petition."[32]
Sponsors of the measure hired Fieldworks LLC to collect signatures for the petition to qualify this measure for the ballot. A total of $7,805,198.76 was spent to collect the 425,059 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $18.36.
How to cast a vote
- See also: Voting in Michigan
See below to learn more about current voter registration rules, identification requirements, and poll times in Michigan.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Michigan Board of State Canvassers, "Promote the Vote 2022," accessed February 1, 2022
- ↑ Michigan State Legislature, "Michigan Election Law 168.523," accessed October 13, 2022
- ↑ Michigan State Legislature, "Michigan Election Law 168.764c," accessed October 13, 2022
- ↑ Michigan State Legislature, "Michigan Election Law 168.765," accessed October 13, 2022
- ↑ Michigan State Legislature, "Michigan Election Law 168.31a," accessed October 13, 2022
- ↑ Michigan State Legislature, "Michigan Election Law 168.171," accessed October 13, 2022
- ↑ Fox 17, "Promote the Vote drawing both support and opposition," accessed September 21, 2022
- ↑ Fox 2, "Both sides of Proposal 2 debate argue how amendment would impact Michigan elections," accessed October 12, 2022
- ↑ 9.0 9.1 ACLU, "It’s Time to Make Voting More Accessible and Secure in Michigan," accessed March 16, 2018
- ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 Secretary of State, "Campaign Finance Disclosure," accessed Sep 14, 2022
- ↑ 11.0 11.1 State of Michigan Bureau of Elections, "Proposal 22-2," Sep 19, 2022
- ↑ 12.0 12.1 12.2 12.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ Promote the Vote 2022, "Homepage," accessed October 8, 2022
- ↑ Secure MI Vote, "Homepage," accessed October 8, 2022
- ↑ Protect MI Voter ID, "Homepage," accessed October 29, 2022
- ↑ Detroit Free Press, "Proposal 2 in Michigan: A guide to the wide-ranging amendment focused on elections," accessed October 14, 2022
- ↑ 17.0 17.1 17.2 17.3 Michigan State Legislature, "SB 303," accessed October 9, 2022
- ↑ 18.0 18.1 Bridge Michigan, "Whitmer vetoes Michigan election bills as GOP petitions to bypass her," accessed October 29, 2021
- ↑ Michigan Senate GOP, "Senate OKs voter ID reform, set to pass free state ID bill," accessed October 9, 2022
- ↑ Associated Press, "GOP group clears step to pursue Michigan voting restrictions," accessed September 23, 2021
- ↑ Bridge Michigan, "Republicans launch ‘secure MI vote’ drive to reform Michigan election laws," accessed August 30, 2021
- ↑ MLive, "Michigan voter ID initiative submits 500k signatures too late for election," accessed July 29, 2022
- ↑ 23.0 23.1 NCSL, "Early In-Person Voting," accessed August 30, 2022
- ↑ Michigan State Legislature, "Section 168.523," accessed October 9, 2022
- ↑ NCSL, "Prohibiting Private Funding of Elections," accessed August 24, 2022
- ↑ Michigan Bureau of Elections, "Statewide Petition Status, 2021-2022 Election Cycle," accessed April 2022
- ↑ Upper Michigans Source, "Non-profits seek to get ‘Promote the Vote’ proposal on general election ballot," accessed April 11, 2022
- ↑ MLive, "Petition to expand Michigan early voting, absentee access submits 670k signatures," accessed July 11, 2022
- ↑ Michigan Bureau of Elections, "Staff Report," accessed August 25, 2022
- ↑ Board of State Canvassers, "Challenges to the Form of Petition Filed by Promote The Vote to Amend Michigan’s Constitution," accessed August 18, 2022
- ↑ Detroit Free Press, "Michigan elections panel declines to send voting rights proposal to ballot," accessed August 31, 2022
- ↑ Fox 2 Detroit, "Michigan voter rights proposal will be on November ballot, high court rules," accessed September 8, 2022
- ↑ Michigan Secretary of State, "Frequently Asked Questions: Elections and Voting," accessed April 16, 2023
- ↑ 34.0 34.1 34.2 34.3 34.4 Michigan Secretary of State, "Registering to Vote," accessed October 7, 2024
- ↑ 35.0 35.1 35.2 NCSL, "State Profiles: Elections," accessed August 26, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 37.0 37.1 37.2 Michigan.gov, "Notice to Voters: Voter Identification Requirement in Effect," accessed October 7, 2024
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