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:  
Disqualification from Ballot Based Upon Contents of Affidavit of Identity  
5. Rule numbers or rule set range of numbers:  
R 168.1 - R 168.20  
6. Estimated time frame:  
6 months  
Name of person filling out RFR:  
Jenny McInerney  
Email 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.  
The purpose of these rules is to amend the rules regarding the discretion allowed for election officials  
in considering Affidavit of Identity (AOI) challenges and challenge responses. The change will  
harmonize the rules with the parallel process for petition challenges. This change was suggested at  
the Joint Committee on Administrative Rules (JCAR) hearing, but JCAR did not ultimately vote to take  
any formal action to suggest changes.  
8. Please cite the specific promulgation authority for the rules (i.e., department director,  
commission, board, etc.).  
MCL 168.31(1)(a) says the secretary of state shall “issue instructions and promulgate rules pursuant  
to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the conduct of  
elections and registrations in accordance with the laws of this state.”  
A. Please list all applicable statutory references (MCLs, Executive Orders, etc.).  
MCL 168.31.  
B. Are the rules mandated by any applicable constitutional or statutory provision? If so,  
please explain.  
Yes, MCL 168.31(1)(a), uses the mandatory “shall” to state that the secretary of state shall  
“issue instructions and promulgate rules pursuant to the administrative procedures act of 1969,  
1969 PA 306, MCL 24.201 to 24.328, for the conduct of elections and registrations in  
accordance with the laws of this state.”  
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.  
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  
of 1969, 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.  
14. Do the rules incorporate the recommendations received from the public regarding any  
complaints or comments regarding the rules? If yes, please explain.  
This was suggested at the JCAR hearing and the Department indicated that it was willing to make the  
change, but JCAR did not ultimately vote to take any formal action to suggest changes.  
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 rules were promulgated June 4, 2025, and were last evaluated during the rule promulgation  
process. The proposed change was not changed by technology, economic conditions, or other factors  
since that time.  
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.  
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 Reorganization Order No. 2019-1, MCL 324.99923.  
MCL 24.239  
;