ELECTION CANVASS PROCESS; AMEND S.B. 529 (S-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 529 (Substitute S-1 as reported)
Committee: Elections and Ethics
CONTENT
The bill would amend the Michigan Election Law to do the following:
-- Require the Governor to issue a Certificate of Ascertainment of the appointment of electors of the President and Vice President of the United States that contained a security feature at least six days before the electors met.
-- Require the Governor to issue a superseding Certificate of Ascertainment, upon order of the Court of Claims, if the results of a recount altered the winner of a presidential election.
-- Require the electors to meet on the first Tuesday after the second Wednesday in December instead of the first Monday after the second Wednesday.
-- Require the Board of State Canvassers to certify election results within 22 days of the election.
-- Authorize the Secretary of the Board of State Canvassers, not the Secretary of State, to appoint the day for an expedited canvass, if applicable.
-- Require an electoral tie to be broken by the drawing of lots as prescribed by the Law.
-- Allow a ballot label to include an option for straight-ticket voting.
BRIEF RATIONALE
In December 2022, Congress passed the Electoral Count Reform and Presidential Transition Improvement Act, which updated the procedures through which presidential electors are selected and their votes counted. With the 2024 presidential election approaching, it has been suggested that the Michigan Election Law be amended to align with Federal law.
Legislative Analyst: Abby Schneider
FISCAL IMPACT
The bill would have an indeterminate fiscal impact on the State and no fiscal impact on local units of government. The potential change in cost to the State, in the Executive Office, would be determined by the new Certificate of Ascertainment costs compared to the previous costs for the certificates. It is impossible to predict the cost change as some of the criteria is confidential. Should additional canvass Board meetings be required, the average total cost for a Board meeting can be up to $3,000 per meeting. Included in that total cost is a per diem of $75 per Board member.
Date Completed: 10-5-23 Fiscal Analyst: Joe Carrasco, Jr.
Bobby Canell
Cory Savino, PhD
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.