New MI Voting Rule Surprises Voters, Possible VRA Violation

By Sarah Massey February 29, 2012
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Michigan’s new ballot form, including a box to affirm citizenship status.

At the Presidential Primary yesterday, Michigan voters were surprised to see a new requirement when they asked for a ballot. Poll workers asked properly registered voters to check a box declaring that the voter is a United States citizen. Voters seeking an absentee ballot saw the same question on their ballot application. Citizen groups and nonprofits serving vulnerable populations call this new requirement redundant and a waste of tax dollars.

Under the Michigan Election Law, voters have to swear under oath they are an eligible voter – which includes U.S. citizenship – when they register. The Secretary of State’s or local clerks offices verify their citizenship when the application is processed.

“Secretary Johnson appears to be implementing an election bill that hasn’t even passed the House—much less been signed into law. The legislative process would be meaningless if politicians could enforce the bills they like,” said Katy Flanagan, Project Vote’s Director of Election Administration. “In addition, the federal Voting Rights Act requires two townships in Michigan (Buena Vista and Clyde) to submit any election law change to the Justice Department or the federal court for preclearance before implementing the change.  Of course, because this election change hasn’t even become law, it hasn’t been submitted for preclearance. Our goal is to ensure no eligible voter is turned away from the polls. To protect everyone’s right to vote, our election officials must enforce existing laws, not proposed legislation,” said Flanagan.

The Michigan Legislature is considering legislation, SB 803, sponsored by Sen. Darwin Booher (R-Evart), which requires voters to affirmatively state their citizenship before receiving a ballot at the polls. The Senate passed the bill and referred it to the House Elections and Redistricting Committee.