Section 4 — Voter Rights
(h) Absent Voter Ballot Rights - Signature Verification
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 signaturePROCEDURAL WEAK POINTSignature matching is inherently subjective and has documented false-rejection rates. This is a known vulnerability often exploited to justify stricter ID regimes. 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 agreeSUBJECTIVE STANDARD“Sufficiently agree” is undefined, granting discretion that can vary widely by jurisdiction and reviewer., 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 correctENFORCEMENT GAPThe constitution guarantees notice and opportunity but does not define timelines, methods, or minimum standards — leaving enforcement uneven and attackable. the issue with the signature.
(i) State-Funded Postage and Tracking System
The right to: (1) state-funded prepaid postage to return an absent voter ballot provided to them by a Michigan election official; (2) state-funded postage to return a voted absent voter ballot; and (3) a state-funded system to track submitted absent voter ballot applicationsIMPLEMENTATION DEPENDENCEThe right exists, but effectiveness depends entirely on execution quality. Failures are later cited as justification for voter restrictions. and absent voter ballots. The system shall permit voters to elect to receive electronic notificationsACCESS DISPARITYOptional electronic systems can disadvantage voters without reliable digital access and are often used to argue “voters should have known.” regarding the status of the voter's submitted absent voter ballot application or absent voter ballot, and provide instructions to address any such deficiency.
(j) Secure Drop-Box Access
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. Drop-boxes shall be distributed equitably throughout the municipalityUNDEFINED REQUIREMENT“Equitably” is not defined, making it a frequent litigation and political attack point. and shall be accessible twenty-four (24) hours per daySECURITY RHETORIC TARGET24/7 access is routinely mischaracterized as insecure despite lack of evidence; this language is repeatedly attacked. during the forty (40) days prior to any election and until eight (8) pm on election day.
(k) Permanent Absent Voter Ballot Application
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)(1) 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 movedDATABASE RELIANCE“Reliable information” often comes from error-prone databases and is a primary source of wrongful voter challenges. 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 yearsPASSIVE DISENROLLMENTNon-voting is not evidence of ineligibility; this clause is frequently framed as justification for roll purges.. 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) Election Audits
The right to have the results of statewide elections audited, in such a manner as prescribed by law, to ensure the accuracy and integrity of electionsRHETORICAL PHRASE“Integrity” is undefined and routinely weaponized to imply fraud absent evidence.. 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 publicMISUSE RISKPublic audits are transparency tools but are frequently exploited for intimidation, spectacle, and misinformation campaigns. based on methods finalized and made public prior to the election to be audited. All funding of election audits shall be publicly disclosed.
(m) Early Voting Rights
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 hereinDISCRETIONARY VARIANCEDiscretion leads to unequal access across jurisdictions, later cited as “unequal treatment” narratives. 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 sitesACCESS CENTRALIZATIONConsolidation can reduce access in rural or transit-limited areas.. 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.
Self-Executing Clause
All rights set forth in this subsection shall be self-executing. This subsection shall be shall be liberally construed in favor of voters' rightsDIRECT CONFLICT TARGETThis clause is directly attacked by restrictive amendments; it’s a core friction point. 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.
Legislative Authority Over Elections
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 to preserve the purity of electionsLOADED LANGUAGE“Purity” is historically and legally vague; often invoked to justify exclusionary policies., 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.
Charitable Donations for Elections
A county, city, or township conducting an election may accept and use publicly-disclosed charitable donationsPOLITICIZED PRACTICEThis provision has been heavily politicized and falsely portrayed as partisan interference. 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.