Michigan Office of Administrative Hearings and Rules  
611 W. Ottawa Street  
Lansing, MI 48909  
Phone: 517-335-8658 Fax: 517-335-9512  
AGENCY REPORT TO THE  
JOINT COMMITEE ON ADMNINISTRATIVE RULES (JCAR)  
1. Agency Information  
Agency name:  
State  
Division/Bureau/Office:  
Elections & Campaign Finance  
Name of person completing this form:  
Adam Fracassi  
Phone number of person completing this form:  
517-241-3280  
E-mail of person completing this form:  
FracassiA@michigan.gov  
Name of Department Regulatory Affairs Officer reviewing this form:  
Doug Novak  
2. Rule Set Information  
MOAHR assigned rule set number:  
2021-60 ST  
Title of proposed rule set:  
Disqualification from Ballot Based Upon Contents of Affidavit of Identity  
3. Purpose for the proposed rules and background:  
To create process for disqualification of candidates based upon contents of affidavit of identity.  
4. Summary of proposed rules:  
At least 15 weeks before the August primary election, candidates filing nominating petitions,  
qualifying petitions or a filing fee to access the ballot for the August primary must also file an  
affidavit of identity. MCL 168.558. Candidates must certify they are in compliance with the  
campaign finance act and have filed or paid all outstanding fines, reports, and late filing fees.  
Candidates providing false information on the affidavit of identity are ineligible to be certified to the  
ballot by the filing official. MCL 168.558(4).  
The rule clarifies mandatory elements necessary to be certified by the filing official and clarifies what  
qualifies as an outstanding report preventing ballot access. The rules are designed to provide uniform  
guidance to filing officials on the mandatory elements of the affidavit of identity and requires  
candidates to inform filing officials of jurisdictions where the candidate has previously run for office.  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 2  
5. List names of newspapers in which the notice of public hearing was published and  
publication dates:  
Marquette Mining Journal (September 17, 2021)  
Flint Journal (September 17, 2021)  
Kalamazoo Gazette (September 17, 2021)  
6. Date of publication of rules and notice of public hearing in Michigan Register:  
9/15/2021  
7. Date, time, and location of public hearing:  
10/1/2021 09:00 AM at Cadillac Place Room L-150 , 3044 W. Grand Blvd. Detroit, MI 48202  
8. Provide the link the agency used to post the regulatory impact statement and cost-benefit  
analysis on its website:  
https://ARS.apps.lara.state.mi.us/Transaction/RFRTransaction?TransactionID=1318  
9. List of the name and title of agency representative(s) attending public hearing:  
Adam Fracassi (Bureau of Elections – Designated Agency Representative)  
Doug Novak (Department of State – Regulatory Affairs Officer)  
Jonathan Brater (Bureau of Elections – Director)  
Brian Remlinger (Bureau of Elections – Law Fellow)  
10. Persons submitting comments of support:  
see attached  
11. Persons submitting comments of opposition:  
see attached  
12. Identify any changes made to the proposed rules based on comments received during the  
public comment period:  
MCL 24.242 and 24.245  
Agency Report to JCAR-Page 3  
Name &  
Comments made at Written  
Agency Rationale Rule number  
Organization public hearing  
Comments  
for change  
& citation  
changed  
1
2
Kristina  
Karamo  
Expressed concern  
that rule did not  
specify whether  
candidates were  
required to report prior  
out-of-state  
Clarifies that prior R 168.2(1)  
candidacies only  
need to be  
reported under this  
rule if they  
occurred in  
Michigan.  
candidacies.  
Kristina  
Karamo  
Expressed concern  
that campaign finance  
records may not be  
available in some  
cases, including prior  
candidacies for  
Clarifies that only R 168.2(1)  
prior candidacies  
for offices for  
which campaign  
finances records to  
be filed need to be  
reported under this  
rule.  
precinct delegate.  
3
Rep. Ann  
Bollin  
Expressed  
concern that  
Clarifies that a  
candidate may not  
R 168.2(1)  
candidates would be disqualified  
be disqualified  
solely because  
from the ballot  
solely because  
the candidate did they did not  
not include a list include the list of  
of jurisdictions in prior candidacies  
which they had  
requested under  
previously sought this rule.  
office  
13.Date report completed:  
12/1/2021  
MCL 24.242 and 24.245  
;