Initiative Petition - Continuation

Article 2, Section 1, Subsection 6, Paragraph E

A valid government-issued photo identification card issued by a federal, state or tribal government other than an identification described in paragraphs (A) through (D), but only if presented together with one or more of the following:

• Certified Birth Certificate

  State, unit of local government in a state, or tribal government

  • i Was issued by the state, unit of local government, or tribal government in which the applicant was born
  • ii Was filed with the office responsible for keeping vital records in the state
  • iii Includes the full name, date of birth, and place of birth of the applicant
  • iv Lists the full names of one or both of the parents of the applicant
  • v Has the signature of an individual who is authorized to sign birth certificates on behalf of the state, unit of local government, or tribal government in which the applicant was born
  • vi Includes the date that the certificate was filed with the office responsible for keeping vital records in the state
  • vii Has the seal of the state, unit of local government, or tribal government that issued the birth certificate

• Hospital Record Extract

  An extract from a United States hospital record of birth created at the time of the applicant's birth which indicates that the applicant's place of birth was in the United States

• Final Adoption Decree

  A final adoption decree showing the applicant's name and that the applicant's place of birth was in the United States

• Consular Report

  A consular report of birth abroad of a citizen of the United States or a certification of the applicant's report of birth of a United States citizen issued by the Secretary of State

• Naturalization/Citizenship Certificate

  A naturalization certificate or certificate of citizenship issued by the Secretary of Homeland Security or any other document or method of proof of United States citizenship issued by the federal government pursuant to the Immigration and Nationality Act

• American Indian Card

  An American Indian card issued by the Department of Homeland Security with the classification 'KIC'

• Name Change Documentation

  With respect to this subsection E, where any necessary documents were originally issued in a different name, the Secretary may accept for proof of a name change documents such as a marriage certificate, divorce decree, court order legally changing an individual's name, or any other records as may be provided by law

Financial Hardship Provision

Individuals who can establish a financial hardship in paying document fees

May obtain at no cost documentary proof of United States citizenship for voter registration purposes or identification for election purposes

Using a process provided by law and administered by the Secretary

• United States citizens who cannot provide the requisite documentary proof of United States citizenship because the requisite documents existed but were lost or destroyed
• Documents exist but will not be produced for some other reason
• Discrepancies that are explainable but cannot currently be remedied make the documents unusable for purposes of submitting other documentary evidence

• Sworn statement detailing the complete factual basis for their claim to citizenship
• Full explanation for the reason that documentary proof is unavailable or unusable

The Secretary shall decide whether the applicant's claim is more likely than not true and shall document this decision CONCENTRATION OF POWER This gives a single executive office quasi-judicial authority over voter eligibility disputes, inviting politicization and inconsistent outcomes.

If the Secretary does not agree that the applicant is a United States citizen based on the sworn affidavit where an individual has applied to register or maintain registration, all submitted affidavits and evidence, including the Secretary's decision, are subject to judicial review

Mandatory appeal procedure

Applicant is not limited to the circuit court where the individual voter lives or the circuit court where the applicant is registered

Secretary's decision must be publicly disclosed within three days PRIVACY / INTIMIDATION RISK Public disclosure of eligibility decisions can expose voters to harassment and chills lawful participation.

Reviewable de novo in the Court of Claims by any party identified in section 4 under the procedures set forth therein

Runs from the date of the Secretary's decision, or from the date that the plaintiff discovers any materially false representation in the individual's submission OPEN-ENDED LITIGATION RISK Extends challenge windows based on discovery claims, encouraging strategic litigation and prolonged uncertainty.

Decisions verifying citizenship under this article are for purposes of determining voting eligibility only and do not determine or establish citizenship for any other purpose

Civil Actions

Court of Claims (or, if the Court of Claims is not in existence, in the circuit court)

Secretary of State or other election officials

Declaratory or injunctive relief as is necessary to ensure compliance with this section

• A The Attorney General
• B Any registered Michigan elector
• C Any Michigan resident aggrieved by a violation of this section

An elector or resident may bring such an action only if written notice of the violation is provided to any defendant election officials, and the violation is not corrected within 30 days after receipt of the notice

Within 10 days after receipt of the notice if the violation occurred within 60 days before the date of an election

If the violation occurred within 30 days before the date of an election, no notice need be provided before the filing of a civil action WEAPONIZATION RISK Waiving notice near elections invites harassment litigation designed to disrupt administration, not correct legitimate issues.

The court may allow a party that prevails in whole or in part (other than any defendant election official) reasonable attorney fees, including litigation expenses, and costs

There shall be no statute of limitations except as set forth in subsection 7 PERMANENT LEGAL INSTABILITY No limitation period enables indefinite litigation, undermining finality and encouraging strategic post-election challenges.

Equitable defenses such as laches shall not apply in actions brought under this section ONE-SIDED ENFORCEMENT Strips courts of traditional tools to dismiss abusive or strategically delayed lawsuits.

Rights and remedies established by this section are in addition to all other rights and remedies provided by law

Criminal Penalties

Any election official, who in connection with any election for state or local office, knowingly and willfully deprives, defrauds, or attempts to deprive or defraud Michigan electors of a fair and impartially conducted election process

• A

  Providing material assistance to a noncitizen in attempting to register to vote or vote in an election

  Fined not more than $1,000 for each applicable registration or vote, or imprisoned not more than 5 years, or both PUNITIVE ESCALATION Felony-level punishment per registration/vote chills lawful administration and encourages over-denial to avoid prosecution.

• B

  Registering an applicant to vote who fails to present documentary proof of United States citizenship

  Fined not more than $1,000 for each applicable registration or vote, or imprisoned not more than 5 years, or both PUNITIVE ESCALATION Criminalizes administrative judgment and document-access problems, pushing officials toward wrongful removals/denials.

• False sworn statement

  Any individual who willfully swears falsely to any material fact relating to the individual's citizenship in any application for registration

  Felony

  Fine of not more than $10,000 or imprisoned for not more than 5 years or both DISPROPORTIONATE PENALTY Severe felony penalties can deter eligible voters from participating due to fear of mistakes or paperwork errors.

• Publishing false documents

  Any individual who utters and publishes as true a false, altered, or counterfeit record, instrument, or other writing relating to citizenship knowing it to be false, altered, forged, or counterfeit, with intent to defraud an election official

  Felony

  Fine of not more than $10,000 or imprisoned for not more than 5 years or both DISPROPORTIONATE PENALTY Felony penalties are stacked across multiple provisions, increasing deterrence and fear among lawful participants.

• Procuring fraud

  Any individual who procures an individual or election official to undertake any of the foregoing acts in this section

  Felony

  Fine of not more than $10,000 or imprisoned for not more than 5 years or both DISPROPORTIONATE PENALTY Expands felony exposure broadly and risks punishing downstream involvement beyond intentional fraud.