Michigan: What does proposal 22.2 mean?
Updated: Oct 26, 2022
A proposal to amend the state constitution to add provisions regarding elections.
This document is an explanation from 2 Monroe County Township Clerks/Election Officials The redundancy in PROPOSAL 22-2 The consequences of PROPOSAL 22-2 This proposed constitutional amendment would:
1. Recognize fundamental right to vote without harassing conduct;
• Refer to US Constitution 15th Amendment – Rights of Citizens to Vote and Voting Rights act of 1965.
o The constitution gives every citizen of the United States who is an elector qualified to vote in Michigan the right, once registered, to vote a secret ballot in all elections – free from interference and intimidation.
• Under current law, a provisional ballot may be issued to an individual that appears at a polling site on Election Day but does not appear in the Qualified Voter File or does not have a voter registration receipt. To have that ballot tabulated, the individual must subsequently provide identification and proof of current residence within six days after the election.
o This constitutional amendment would REMOVE the requirement for an individual to provide photo identification and proof of residency. Basically, anyone can come in and vote without question.
o Allow incarcerated individuals to vote.
2. Require military or overseas ballots be counted if postmarked by election day;
• Military and overseas voters can EMAIL their ballots to their local clerks.
o MCL 168.759a – Clerks shall electronically transmit or mail (as requested) an absent voter ballot to each UOCAVA (uniformed services or overseas) voter who applied for an absent voter ballot 45 days or more before the election.
3. Provide voter right to verify identity with photo ID or signed statement;
• Michigan Voter Identification Requirement: All Michigan voters must show a Michigan driver’s license, a Michigan Personal ID or some other acceptable form of picture identification before voting. A voter who is unable to show picture
identification can vote after signing an affidavit attesting that he/she is not in possession of picture identification. Providing sufficient photo identification OR signing an affidavit attesting that the voter is not in possession of photo identification is already a practice in Michigan.
• The current process to remove an inactive voter from Michigan rolls is lengthy. Voters who are marked ‘verify’ and mailed a confirmation notice; and do not participate in an election, reply to a confirmation notice re-affirming residence in the community, or engage in another voting or voter registration transaction by the SECOND November General Federal election following the notice, then the voter’s registration is cancelled.
• These voters who are STILL ON THE VOTER ROLL, but need to be verified - will be able to vote, with no ID.
• Opens the door for fraud
4. Provide voter right to single application to vote absentee in all elections;
• Under Michigan Election Law, applications sent out by clerks prior to primary elections must give voters the option of applying for both the primary and general election, in that year.
• This amendment would require a registered voter to submit a SINGLE signed absent voter ballot application covering all future elections; The election official responsible for issuing absent voter ballots 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.
• Our current Secretary of State will claim that “E.R.I.C.” (National electronic voting registration site) will flag these voters, but the E.R.I.C. reporting system has not sent a report to the State of Michigan since 2017.
(4) The voter does not vote for six (6) consecutive years.
• There are 26,000 deceased voters still on Michigan voter rolls
The exercise of this right 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.
• If this passes, Absentee Ballots will be sent out to people who no longer live at that address and to those whom have passed away.
5. • Require state-funded absentee-ballot drop boxes, and postage for absentee applications and ballots;
• Outgoing and return postage on an absentee ballot applications and absentee ballots will cost tax payers over $3 million every election.
• State funded absentee voter ballot drop boxes and tracking system will cost tax payers millions of dollars more.
• Also require state funded system to track submitted absent voter ballot applications and absent voter ballots.
o Election officials with firsthand experience in Washtenaw County who utilized a similar tracking system in 2020 stated it added more work and was inefficient.
o This cost will too be passed on to tax payers
6. • Provide that only election officials may conduct post-election audits;
• Michigan Constitution, Art 2, Sec 4 (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.
7. • Require nine days of early in-person voting;
• Early voting sites may service voters from more than one (1) municipality within a county
o Municipalities sharing voting sites can become confusing with multiple ballot styles and loss of oversight by the respective municipal clerk.
o The integrity of our elections and security of voting machines will be at risk
• 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.
o Opening early voting sites for nine days, eight hours a day, will cost municipalities thousands of dollars in election inspector wages.
o Every jurisdiction, no matter the size, will be required to have early voting sites open for the statutory time frame
• 1963 Michigan Constitution, Art 2, Sec 4 (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.
• MCL 168.765b – Electors who have returned their absent voter ballot may submit a written request in person to spoil their absent voter ballot and receive a new ballot in the clerk’s office by 10:00 a.m. the day before election day.
o Early voting includes inserting voted ballots into tabulators – this eliminates your chance and opportunity to change your vote.
8. Allow donations to fund elections, which must be disclosed;
• Private donors can and will stipulate where and how grant dollars are spent.
9. Require canvass boards certify election results based only on the official records of votes cast.
• 168.841 Board of State Canvassers; duties.: Sec. 841. (1) the board of state canvassers shall canvass the returns and determine the result of all elections for electors of president and vice president of the United States, state officers, United States senators, representatives in congress, circuit judges, state senators and representatives elected by a district that is located in more than 1 county, and other officers as required by law.
(2) Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, at its next meeting, shall record the results of the county canvass contained in the certificate.
• Elections are certified based on the official records of votes cast and winners are subsequently declared based on receiving the most
votes cast. There is no other formula or method for declaring the
winner of a race or the outcome of ballot proposals. This statement
is nothing but a scare tactic.
Summary: Much of what is outlined in this proposal is already included in Michigan Election Law. If this proposal passes, it would be very expensive and more importantly, it would compromise the integrity of elections.
We encourage everyone to reach out to their local clerk with questions on how elections are administered in your jurisdiction.