Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
[email protected]  
REQUEST FOR RULEMAKING (RFR)  
1. Department:  
State  
2. Bureau:  
Elections & Campaign Finance  
3. Promulgation type:  
Full Process  
4. Title of proposed rule set:  
Board of State Canvassers Procedures  
5. Rule numbers or rule set range of numbers:  
R 168.841 to 168.845  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Alessa Boes  
E-mail of person filling out RFR:  
BoesA@michigan.gov  
Phone number of person filling out RFR:  
517-599-3410  
Address of person filling out RFR:  
430 W. Allegan St  
Lansing, MI 48918  
7. Describe the general purpose of these rules, including any problems the changes are intended  
to address.  
The purpose of these rules is to describe the organization and general course and method of the  
Board of State Canvassers’ operations. The proposed amendments update references in response to  
changes in technology, update statutory references, and update contact information. The proposed  
new rule addresses the required timeline for submission of materials to the board, which is  
necessary to clarify the board’s procedures.  
8. Please cite the specific promulgation authority for the rules (i.e. department director,  
commission, board, etc.).  
Board of State Canvassers. MCL 24.233(1) states in relevant part: “An agency shall promulgate  
rules describing its organization and stating the general course and method of its operations. The  
agency may include in the rules forms with instructions.”  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 24.233.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so, please  
explain.  
MCL 24.233(1) states in relevant part: “An agency shall promulgate rules describing its  
organization and stating the general course and method of its operations.”  
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 any similar rules, compliance requirements, or other  
standards adopted at the state, regional, or federal level.  
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?  
Yes.  
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 do not exceed similar regulations, compliance requirements, or other standards adopted  
at the state, regional, or federal level.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
Yes. The proposed new rule adding timing requirements for submission of materials to the Board  
of State Canvassers is being added in response to public comments expressing confusion about the  
deadline for submission and requesting clarity.  
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.  
The proposed rules do amend existing rules. The rules were promulgated in 1997 and have not  
been amended since. The proposed amendments to the rules provide updates in response to  
changes in technology (removing reference to facsimile transmission, adding reference to email,  
and including remote participation as an option). The proposed amendments also update the  
Board’s contact information. No changes were made to the rules in reference to economic  
conditions as no economic conditions are relevant to the subject matter of the rules.  
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?  
There are no changes or developments since implementation that demonstrate there is no  
continued need for the rules or any portion of the rules. No rules are being rescinded.  
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  
Based on the information provided in this RFR, MOAHR concludes that there are sufficient  
policy and legal bases for approving the RFR. The RFR satisfies the requirements of the  
Administrative Procedures Act of 1969, 1969 PA 306, MCL 24.201 to 24.328, and Executive  
Order No. 2019-6.  
MCL 24.239  
;