DEPARTMENT OF STATE

BUREAU OF ELECTIONS

SIGNATURE MATCHING FOR ABSENT VOTER BALLOT APPLICATIONS AND

ABSENT VOTER BALLOT ENVELOPES

Filed with the secretary of state on December 19, 2022

These rules take effect immediately upon filing with the secretary of state unless adopted

under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA

306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become

effective 7 days after filing with the secretary of state.

(By authority conferred on the secretary of state by sections 31, 759, 761, 765, and

765a of the Michigan election law, 1954 PA 116, MCL 168.31, 168.759, 168.761,

168.765, and 168.765a)

R 168.21, R 168.22, R 168.23, R 168.24, R 168.25, and R 168.26 are added to the

Michigan Administrative Code, as follows:

R 168.21 Definitions.

Rule 1. As used in these rules:

(a) “Election official” means the township, city, or county clerk or their staff

responsible for verifying signatures.

(b) “Master card” means the master card document referenced in 761(2), 1954 PA

116, MCL 168.761, and 766(2), 1954 PA 116, MCL 168.766.

Secretary of State.

(d) “Signature on file” means the signature of the voter contained in the qualified

voter file. If the qualified voter file does not contain the voter’s digitized signature, the

signature of the voter contained on the master card is the signature on file. If an absent

voter ballot application signature has been compared against the signature of the voter

contained in the qualified voter file or on the master card and the absent voter ballot

application signature has been determined to agree sufficiently with the signature of the

voter contained in the qualified voter file or on the master card, the absent voter ballot

application signature is also a “signature on file” for the purpose of this ruleset. Nothing

in this ruleset shall be construed to allow an absent voter ballot application signature to

be used to validate an absent voter ballot envelope signature unless the absent voter ballot

application signature has been found to agree sufficiently with the signature of the voter

contained in the qualified voter file or on the master card.

R 168.22 Sufficient agreement of voter signature; initial presumption of

validity; voter contact by clerk.

March 7, 2022

Rule 2. (1) In determining for purposes of section 761(2) of the Michigan election law,

1954 PA 116, MCL 168.761, or for the purposes of 766(2), 1954 PA 116, MCL 168.766,

whether a voter’s absent voter ballot application signature or absent voter ballot envelope

signature agrees sufficiently with the voter’s signature on file, an election official may

determine that a signature does not agree sufficiently with the signature on file only after

reviewing the absent voter ballot application signature or absent voter ballot envelope

signature using the process set forth in these rules.

(2) A voter’s signature should be considered invalid only if it differs in significant and

obvious respects from the signature on file. Slight dissimilarities should be resolved in

favor of the voter. Exact matches are not required to determine that a signature agrees

sufficiently with the signature on file.

(3) If, after examining a voter’s absent voter ballot application signature or absent voter

ballot envelope signature using the process set forth in these rules, an election official has

genuine concerns about the signature’s validity, the election official may contact the

voter to address those concerns prior to determining that a signature is not valid. Any

efforts by the election official to contact a voter under this subsection is not notification

for the purposes of R 168.25 that the absent voter ballot application signature or absent

voter ballot envelope signature has been found not to agree sufficiently with the signature

on file. An election official who is unable to determine that the absent voter ballot

application signature or absent voter ballot envelope signature agrees sufficiently with the

signature on file after contacting or attempting to contact the voter for clarification under

this subsection is still bound by the notification timelines set forth in R 168.25.

R 168.23 Redeeming qualities.

Rule 3. (1) In determining whether an absent voter ballot application signature or

absent voter ballot envelope signature agrees sufficiently with a signature on file, election

officials shall consider whether any redeeming qualities are present. The bureau of

elections shall provide examples of signatures with redeeming qualities and questionable

signatures.

(2) Redeeming qualities include, but are not limited to, the following:

(a) Similar distinctive flourishes.

(b) More matching features than nonmatching features.

trembling or shaking.

(d) Only part of the signature matches the signature on file, for example, if only the

first letters of the first and last name match.

(e) Signature is partially printed but partially matches the signature on file.

(f) Signature is a recognized diminutive of the voter’s full legal name.

(g) Signature omits a middle name, replaces a middle name with an initial, or replaces

a middle initial with a name.

(h) Signature style has changed slightly from signature on file.

R 168.24 Explanations for differences in signatures.

Rule 4. (1) Elections officials shall consider the following as possible explanations for

the discrepancies in signatures:

(a) Evidence of trembling or shaking in a signature could be health-related or the result

of aging.

(b) The voter may have used a diminutive of their full legal name, including, but not

limited to, the use of initials, or the rearrangement of components of their full legal name,

such as a reversal of first and last names, use of a middle name in place of a first name, or

omitting a second last name.

(d) The signature may have been written in haste.

(e) The surface of the location where the signature was made may have been rough,

soft, uneven, or unstable.

(2) In addition to the characteristics listed in R 168.23(2)(f) and (g), the elections

official may also consider factors applicable to a particular voter, such as the age of the

voter, the age of the signature or signatures contained in the voter’s record, the possibility

that the voter is disabled, the voter’s primary language, and the quality of any digitized

signature or signatures contained in the voter’s record, and any other plausible reason

given by the voter that satisfies the clerk when following up on a questionable signature.

R 168.25 Timing of signature review and notification.

Rule 5. (1) If the absent voter ballot application or the absent voter ballot envelope is

received at least 6 calendar days prior to the election, the clerk must notify the voter of

issues with the voter’s signature by the end of the next business day following receipt of

the application or ballot envelope.

(2) If the absent voter ballot application or the absent voter ballot envelope is received

less than 5 calendar days prior to the election, an election official must review that absent

voter ballot application or absent voter ballot envelope by the end of the calendar day on

which the absent voter ballot application or absent voter ballot envelope was received by

the clerk. If the election official determines that the voter’s signature on the absent voter

ballot application or absent voter ballot envelope does not agree sufficiently with the

signature on file, the election official must contact the voter by the end of the calendar

day on which the absent voter ballot application or absent voter ballot envelope was

received by the clerk.

(3) If the absent voter ballot application or the absent voter ballot envelope is received

by the clerk by 8 p.m. on the calendar day prior to an election, an election official must

review the absent voter ballot application or absent voter ballot envelope before the end

of the calendar day prior to the election. If the election official determines that the voter’s

signature on the absent voter ballot application or absent voter ballot envelope does not

agree sufficiently with the signature on file, the election official must contact the voter by

the end of the calendar day prior to the election.

(4) For the purposes of this rule, if the absent voter ballot application or absent voter

ballot envelope comes into the physical control of the clerk’s office before or during the

clerk’s scheduled business hours, that absent voter ballot application or absent voter

ballot envelope is considered to have been received by the clerk on the day of

submission. If an absent voter ballot application or absent voter ballot envelope comes

into the physical control of the clerk’s office after the end of the clerk’s scheduled

business hours, or if the absent voter ballot application or absent voter ballot envelope

comes into the physical control of the clerk’s office on a day on which the clerk does not

have scheduled business hours, that absent voter ballot application or absent voter ballot

envelope is considered to have been received on the first subsequent day during which

the clerk has scheduled business hours.

(5) If a clerk’s jurisdiction maintains one or more absent voter ballot application or

absent voter ballot envelope drop boxes, each drop box must be checked by an election

official for any absent voter ballot applications or absent voter ballot envelopes that have

been deposited prior to the end of the clerk’s scheduled business hours on every day

during which the clerk has scheduled business hours. The election official checking the

drop box must retrieve each absent voter ballot application or absent voter ballot

envelope contained in the drop box at that time. Each absent voter ballot application or

absent voter ballot envelope retrieved at that time is considered to have been received by

the clerk on that day. An absent voter ballot application or absent voter ballot envelope

deposited in those drop boxes on a day during which the clerk does not have scheduled

business hours will not be considered to have been received by the clerk until the next

day on which the clerk has scheduled business hours.

(6) An absent voter ballot envelope that is collected by an election official through the

procedure laid out in 764b(4) or (5), 1954 PA 116, MCL 168.764b, shall be considered

received when the election official comes into physical possession of the ballot envelope.

(7) Nothing in this rule shall prevent an election official from providing notification

more quickly than mandated by this rule to a voter that the voter’s absent voter ballot

application signature or absent voter ballot envelope signature has been determined not to

agree sufficiently with the signature on file.

(8) If the absent voter ballot application or the absent voter ballot envelope is missing

the voter’s signature, or if the clerk determines that the voter’s signature on the absent

voter ballot application or on the absent voter ballot envelope does not agree sufficiently

with the voter’s signature on file, the clerk shall inform the voter using any and all

contact information available that their absent voter ballot application or their absent

voter ballot envelope is missing a signature or has a non-matching signature, and the need

to cure the signature deficiency. The clerk must notify the voter by phone and email, and,

in the absence of the voter’s email address, by United States mail.

R 168.26 Curing signature deficiencies.

Rule 6. (1) Any of the following methods may be used to cure a missing or mismatched

signature:

(a) A voter may provide a signature on the absent voter ballot application or ballot

envelope with the missing or mismatched signature;

(b) A voter may complete and submit a signature cure form prescribed by the

Secretary of State; or

signature as specified by the election official on their website or in the election official’s

office.