Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
State  
2. Bureau:  
Elections & Campaign Finance  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Electronic Return of Absent Voter Ballots by Eligible Voters  
5. Rule numbers or rule set range of numbers:  
R 168.101 - R 168.159  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Jenny McInerney  
E-mail of person filling out RFR:  
McInerneyJ1@michigan.gov  
Phone number of person filling out RFR:  
517-331-7825  
Address of person filling out RFR:  
430 W. Allegan Street  
Lansing, MI 48918  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
To establish rules for the electronic return of voted ballots by eligible voters as specified in MCL  
168.759a(17) and authorize an electronic portal to facilitate their return.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
“The secretary of state shall promulgate rules that establish policies and procedures for the  
electronic return of voted ballots by eligible members. The secretary of state may develop and  
maintain a secure web portal on the secretary of state's website to facilitate the electronic return of  
voted ballots by eligible members.” MCL 168.759a(17).  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 168.31(1)(a), MCL 168.32(1), MCL 168.37, MCL 168.759a(12), MCL 168.759a(13), MCL  
168.759a(17).  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
Yes. 2022 PA 197 requires the Secretary of State (SOS) to promulgate rules that establish policies  
and procedures for the electronic return of voted ballots by eligible voters. Under PA 197, the rules  
must be promulgated no later than January 1, 2024 and must allow for the electronic return of  
voted ballots by eligible voters, as specified in MCL 168.759a(17), no later than the 2024  
statewide presidential primary election.  
MCL 24.239  
RFR-Page 2  
9. Please describe the extent to which the rules conflict with or duplicate similar rules,  
compliance requirements, or other standards adopted at the state, regional, or federal level.  
The rules do not conflict with or duplicate similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level. The proposed rules reflect and implement  
certain aspects of 2022 PA 197.  
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,  
instructional bulletin, form with instructions, or operational memoranda?  
No  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
No  
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures  
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?  
Full Process  
13. Please describe the extent to which the rules exceed similar regulations, compliance  
requirements, or other standards adopted at the state, regional, or federal level.  
The rules would not exceed similar regulations, compliance requirements, or other standards  
adopted at the state, regional, or federal level. According to the National Conference of State  
Legislatures, at least seven states allow Uniformed and Overseas Citizens Absentee Voting Act  
(UOCAVA) voters to return a voted absentee/mail ballot through an online portal. Many states also  
allow return by fax or email.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
This proposed rule has not been submitted to the public for comment.  
15. If amending an existing rule set, please provide the date of the last evaluation of the rules  
and the degree, if any, to which technology, economic conditions, or other factors have changed  
the regulatory activity covered by the rules since the last evaluation.  
This proposed rule does not amend a current rule.  
16. Are there any changes or developments since implementation that demonstrate there is no  
continued need for the rules, or any portion of the rules?  
This proposed rule does not amend a current rule.  
17. Is there an applicable decision record (as defined in MCL 24.203(6) and required by MCL  
24.239(2))? If so, please attach the decision record.  
No  
MCL 24.239  
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