Bill Text: MI SB0277 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Elections: election officials; county clerks to update the qualified voter file to cancel the voter registration records of deceased voters; require, require electronic notification to city and township clerks of canceled voter registration records, and require the secretary of state to post data on the department's website regarding canceled voter registration records. Amends secs. 509o & 510 of 1954 PA 116 (MCL 168.509o & 168.510).
Spectrum: Partisan Bill (Republican 13-0)
Status: (Vetoed) 2021-10-19 - Postponed For The Day [SB0277 Detail]
Download: Michigan-2021-SB0277-Introduced.html
SENATE BILL NO. 277
A bill to amend 1954 PA 116, entitled
"Michigan election law,"
by amending sections 509o and 510 (MCL 168.509o and 168.510), section 509o as amended by 2018 PA 126.
the people of the state of michigan enact:
Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file. The qualified voter file is the official file for the conduct of all elections held in this state. The secretary of state may direct that all or any part of the city or township voter registration files must be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file.
(2) Notwithstanding any other provision of law to the contrary, an individual who appears to vote in an election and whose name appears in the qualified voter file for that city, township, or school district is considered a registered voter of that city, township, or school district under this act.
(3) The secretary of state, a designated voter registration agency, or a county, city, or township clerk shall not place a name of an individual into the qualified voter file unless that individual signs an application as prescribed in section 509r(3). The secretary of state or a designated voter registration agency shall not allow an individual to indicate a different address than the address in either the secretary of state's or designated voter registration agency's files to be placed in the qualified voter file.
(4) The secretary of state shall develop and utilize a process by which information obtained through the United States Social Security Administration's death master file that is used to cancel an operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, of a deceased resident of this state is also used at least once a month to update the qualified voter file to cancel the voter registration of any elector determined to be deceased. The secretary of state shall make the canceled voter registration information under this subsection available to the clerk of each county, city, or township to assist with the clerk's obligations under section 510.
(5) Subject to this subsection, the secretary of state shall participate with other states in 1 or more recognized multistate programs or services, if available, to assist in the verification of the current residence and voter registration status of electors. The secretary of state shall not participate in any recognized multistate program or service described in this subsection that requires this state to promote or adopt legislation as a condition of participation in that program or service. In addition, the secretary of state shall not participate in any recognized multistate program or service described in this subsection if the secretary of state determines that data of that program or service are not being adequately secured or protected. The secretary of state shall follow the procedures under section 509aa(5) with regard to any electors affected by information obtained through any multistate program or service.
Sec. 510. (1) At least once a month, every 2 weeks, the county clerk shall forward send by email a list of the last known address and birth date of all persons individuals over 18 years of age who have died within in the county to the clerk of each city or township within in the county. The city or township clerk shall compare this list with the voter registration records in that city or township, and with the voter registration records flagged by the county clerk in the qualified voter file, and cancel the voter registration of all deceased electors.
(2) Each county clerk is authorized to access the qualified voter file to flag, but not remove, the voter registration record of any deceased elector in his or her county.
(3) Each county clerk shall do all of the following:
(a) Subject to subdivision (b), at least once every 2 weeks, and more often if necessary, use the list described in subsection (1) and the information provided by the secretary of state under section 509o(4) to flag in the qualified voter file the voter registration record of any deceased elector in the county.
(b) At least once a week, and more often if necessary, during the 45 days before a regular election date as provided in section 641(1), use the list described in subsection (1) and the information provided by the secretary of state under section 509o(4) to flag in the qualified voter file the voter registration record of any deceased elector in the county.
(c) Subject to subdivision (d), at least once every 2 weeks, and more often if necessary, if the county clerk receives the death certificate of an individual who is a resident of another county, the county clerk shall send by email that death certificate to the proper county clerk so that the proper county clerk can flag in the qualified voter file the voter registration record of that individual if he or she is a registered elector.
(d) At least once a week, and more often if necessary, during the 45 days before a regular election date as provided in section 641(1), if the county clerk receives the death certificate of an individual who is a resident of another county, the county clerk shall send by email that death certificate to the proper county clerk so that the proper county clerk can flag in the qualified voter file the voter registration record of that individual if he or she is a registered elector.
(e) Keep records of the total number of voter registration records that the county clerk flags in the qualified voter file under subdivisions (a) and (b) and post those numbers each month on the county website. The posting of the total number of voter registration records flagged each month in the qualified voter file must not include the name or any identifying information of an elector, and must be broken down to show the total number of electors from each city and township in that county whose voter registration records were flagged by the county clerk in the qualified voter file.
(f) Keep records of the total number of death certificates sent by email to another county clerk under subdivisions (c) and (d) and post those numbers each month on the county website. The posting of the total number of death certificates sent by email to another county clerk must not include the name or any identifying information of an individual.
(4) At least once a month, the secretary of state shall do both of the following:
(a) Collect all of the information concerning flagged voter registration records posted on each county website under subsection (3)(e).
(b) Post on the department of state website all of the following:
(i) The total number of voter registration records flagged by county clerks in this state.
(ii) The total number of voter registration records flagged by county clerks broken down by county.
(iii) The total number of voter registration records flagged by county clerks broken down by city and township.
