Act No. 350

Public Acts of 2018

Approved by the Governor

November 15, 2018

Filed with the Secretary of State

November 15, 2018

EFFECTIVE DATE: February 13, 2019

STATE OF MICHIGAN

99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Senators Emmons, Ananich, Bieda, Booher, Brandenburg, Conyers, Gregory, Hansen, Hertel, Hildenbrand, Hood, Hopgood, Horn, Jones, Knezek, Knollenberg, Marleau, Meekhof, Nofs, O’Brien, Schmidt, Schuitmaker, Shirkey, Warren, Young and Zorn

ENROLLED SENATE BILL No. 425

AN ACT to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” (MCL 168.1 to 168.992) by adding section 509ii.

The People of the State of Michigan enact:

Sec. 509ii. (1) The secretary of state shall develop and maintain an electronic voter registration interface to allow an applicant to submit a voter registration application electronically through the secretary of state’s website. The electronic voter registration interface must do all of the following:

(a) Transmit the application to the qualified voter file.

(b) Interact with the state operator’s or chauffeur’s license file, enhanced driver license file, official state personal identification card file, and enhanced state personal identification card file for authentication purposes.

(c) Authenticate the identity of an applicant under a process developed by the secretary of state that includes, but is not limited to, verifying all of the following:

(i) The last 4 digits of the applicant’s social security number.

(ii) The applicant’s operator’s or chauffeur’s license number, enhanced driver license number, official state personal identification card number, or enhanced official state personal identification card number.

(iii) The applicant’s full name as printed on his or her operator’s or chauffeur’s license, enhanced driver license, official state personal identification card, or enhanced official state personal identification card.

(iv) The applicant’s date of birth.

(v) The applicant’s eye color as printed on his or her operator’s or chauffeur’s license, enhanced driver license, official state personal identification card, or enhanced official state personal identification card.

(d) Require the applicant’s assent to submit a voter registration application electronically and require the applicant’s assent to use his or her most recent digitized signature if captured or reproduced by the secretary of state under section 307 of the Michigan vehicle code, 1949 PA 300, MCL 257.307, section 5 of the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.305, or 1972 PA 222, MCL 28.291 to 28.300.

(e) Issue a receipt to the applicant in the manner prescribed by the secretary of state.

(f) Utilize additional security features considered appropriate by the secretary of state or the department of technology, management, and budget to prevent unauthorized access to data or information, or to ensure that a person attempting to use the electronic voter registration interface is an individual.

(2) The secretary of state shall develop an electronic voter registration application that includes all of the same information as provided on the mail registration form developed by the secretary of state under section 509n(a), and also includes the notice required under section 307(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.307.

(3) Only an individual who possesses both of the following is eligible to submit an electronic voter registration application:

(a) The qualifications of an elector as provided in section 492.

(b) A valid official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, an enhanced official state personal identification card issued under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308, a valid operator’s or chauffeur’s license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an enhanced driver license issued under the enhanced driver license and enhanced official state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308.

(4) If an elector utilizes the electronic voter registration interface to indicate a change of address, the state bureau of elections shall send a confirmation notice to the elector’s previous address.

(5) An individual is not permitted to use the electronic voter registration interface if the individual meets any of the following conditions:

(a) The individual ordered a duplicate of an operator’s or chauffeur’s license, an enhanced driver license, an official state personal identification card, or an enhanced official state personal identification card the same day as submitting an electronic voter registration application.

(b) The individual submitted a change of address for an operator’s or chauffeur’s license, an enhanced driver license, an official state personal identification card, or an enhanced official state personal identification card within the 10 days before submitting an electronic voter registration application.

(c) The individual has an expired operator’s or chauffeur’s license, an expired enhanced driver license, an expired official state personal identification card, or an expired enhanced official state personal identification card.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:

(a) Senate Bill No. 426.

(b) Senate Bill No. 427.

(c) Senate Bill No. 428.

(d) Senate Bill No. 429.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor