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:  
General Roles and Responsibilities of Election Officials  
5. Rule numbers or rule set range of numbers:  
R 168.51 -R 168.99  
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 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 define certain terms in the Michigan Election Law (MEL), and to  
specify when a responsibility described in the MEL must be completed by a certain election  
official (for instance, the clerk) and when it may be completed by the official or a member of the  
official’s staff or authorized assistant.  
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) says the secretary of state “shall” promulgate rules “for the conduct of  
elections[.]”  
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.  
MCL 24.239  
RFR-Page 2  
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?  
Some of the roles and responsibilities are covered in Chapters 1-19 of the Bureau of Elections’  
Clerk Accreditation Manual and in the election inspectors’ procedure manual.  
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed  
for the current year?  
The rules are not listed on the department’s 2025 annual regulatory plan.  
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. At a Joint Committee on Administrative Rules (JCAR) hearing on another ruleset, one of the  
committee members commented that a rule seemed to indicate that only the clerk could complete a  
task. This mirrored the typical language in the Michigan Election Law but was not the intent of the  
rules as written, as the task could be completed by a member of the clerk's staff. Accordingly, the  
Department determined that it would be useful to provide clarity around certain roles and  
responsibilities.  
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 not amend existing 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?  
No, there are no changes or developments because the rules do not amend existing 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  
Order No. 2019-6.  
MCL 24.239  
;