Michigan Office of Administrative Hearings and Rules  
Administrative Rules Division (ARD)  
MOAHR-Rules@michigan.gov  
REGULATORY IMPACT STATEMENT  
and COST-BENEFIT ANALYSIS (RIS)  
AGENCY INFORMATION:  
Department name:  
State  
Bureau name:  
Elections & Campaign Finance  
Name of person filling out RIS:  
Alessa Boes  
Phone number of person filling out RIS:  
517-599-3410  
Email of person filling out RIS:  
BoesA@michigan.gov  
RULE SET INFORMATION:  
ARD assigned rule set number:  
2024-63 ST  
Title of proposed rule set:  
Disqualification from Ballot Based Upon Contents of Affidavit of Identity  
COMPARISON OF RULE(S) TO FEDERAL/STATE/ASSOCIATION STANDARDS  
1. Compare the proposed rules to parallel federal rules or standards set by a state or national licensing agency  
or accreditation association, if any exist.  
There are no parallel federal rules or standards set by a state or national licensing agency or accreditation association  
that address challenges to a candidate's affidavit of identity.  
A. Are these rules required by state law or federal mandate?  
The rules are not required by state law or federal mandate.  
B. If these rules exceed a federal standard, please identify the federal standard or citation, describe why it  
is necessary that the proposed rules exceed the federal standard or law, and specify the costs and  
benefits arising out of the deviation.  
The rules do not exceed a federal standard.  
2. Compare the proposed rules to standards in similarly situated states, based on geographic location,  
topography, natural resources, commonalities, or economic similarities.  
The agency did not compare the proposed rules to standards in other states because the agency could not find a  
similarly situated state that has the same procedures the proposed rules are attempting to regulate.  
A. If the rules exceed standards in those states, please explain why and specify the costs and benefits  
arising out of the deviation.  
The agency did not compare the proposed rules to standards in other states because the agency is not aware  
of a similarly situated state that has the same procedures the proposed rules are attempting to regulate;  
accordingly, the agency does not think the proposed rules exceed standards in other states because the  
agency is not aware of any similar standards in other states.  
3. Identify any laws, rules, and other legal requirements that may duplicate, overlap, or conflict with the  
proposed rules.  
There are no laws, rules, and other legal requirements that duplicate, overlap, or conflict with the proposed rules.  
MCL 24.245(3)  
RIS-Page 2  
A. Explain how the rules have been coordinated, to the extent practicable, with other federal, state, and  
local laws applicable to the same activity or subject matter. This section should include a discussion of  
the efforts undertaken by the agency to avoid or minimize duplication.  
The rules have not been coordinated with other federal, state, and local laws as there are none applicable to the  
same activity or subject matter. There is no duplication of any other federal, state, or local law.  
PURPOSE AND OBJECTIVES OF THE RULE(S)  
4. Identify the behavior and frequency of behavior that the proposed rules are designed to alter.  
The purpose of these rules is to clarify required procedures regarding challenges to the contents of a candidate’s  
affidavit of identity. Under MCL 168.558(1): "When filing a nominating petition, qualifying petition, filing fee, or affidavit  
of candidacy for a federal, county, state, city, township, village, metropolitan district, or school district office in any  
election, a candidate shall file with the officer with whom the petitions, fee, or affidavit is filed 2 copies of an affidavit of  
identity. A candidate nominated for a federal, state, county, city, township, or village office at a political party  
convention or caucus shall file an affidavit of identity within 1 business day after being nominated with the secretary of  
state. The affidavit of identity filing requirement does not apply to a candidate nominated for the office of President of  
the United States or Vice President of the United States." While the exact frequency of challenges cannot be  
predicted ahead of time, any time an affidavit of identity is filed there is the potential that a challenge to the affidavit of  
identity is filed. The rules do not seek to alter the frequency of challenges but rather seek to clarify what happens  
when a challenge is brought.  
A. Estimate the change in the frequency of the targeted behavior expected from the proposed rules.  
The rules do not seek to alter the frequency of challenges but rather seek to clarify what happens when a  
challenge is brought; thus, no change in frequency is predicted.  
B. Describe the difference between current behavior/practice and desired behavior/practice.  
Currently, there are no rules in place setting out deadlines or filing requirements for challenges to an affidavit of  
identity. The rules seek to establish deadlines and formal requirements to provide clarity to challengers,  
candidates, and filing officials.  
C. What is the desired outcome?  
A uniform and clear process for making challenges to an affidavit of identity and for resolving those challenges.  
5. Identify the harm resulting from the behavior that the proposed rules are designed to alter and the likelihood  
that the harm will occur in the absence of the rule.  
The harm is that candidates, challengers, and filing officials do not have clear guidelines to follow when challenges to  
affidavits of identity are brought, and if the rules are not promulgated this confusion will persist because there will be  
no formal guidance in place.  
A. What is the rationale for changing the rules instead of leaving them as currently written?  
There are currently no rules addressing affidavit of identity challenges so these proposed rule amendments will  
add rules that will address challenges to affidavits of identity. Accordingly, nothing that is currently written is  
being changed, rather, rules that are missing and needed are being added.  
6. Describe how the proposed rules protect the health, safety, and welfare of Michigan citizens while promoting  
a regulatory environment in Michigan that is the least burdensome alternative for those required to comply.  
The proposed rules provide protection to the public by clearly setting out uniform standards for dealing with affidavit of  
identity (AOI) challenges - clear and uniform standards are good for any citizen who may challenge an AOI or run for  
office. It is also good for filing officials to have clear guidance of how to process AOI challenges. Finally, having the  
rules clearly explained ahead of time promotes fairness in election processes and that is good for all Michigan  
citizens. The deadlines and processes imposed by the rules do not establish burdensome regulatory rules but rather  
codify timelines and authenticity requirements that represent the bare minimum to allow for reasonable review and  
processing of the challenge.  
7. Describe any rules in the affected rule set that are obsolete or unnecessary and can be rescinded.  
There are no rules that are obsolete or unnecessary that can be rescinded.  
FISCAL IMPACT ON THE AGENCY  
MCL 24.245(3)  
RIS-Page 3  
Fiscal impact is an increase or decrease in expenditures from the current level of expenditures, i.e., hiring  
additional staff, higher contract costs, programming costs, changes in reimbursements rates, etc. over and  
above what is currently expended for that function. It does not include more intangible costs for benefits, such  
as opportunity costs, the value of time saved or lost, etc., unless those issues result in a measurable impact on  
expenditures.  
8. Please provide the fiscal impact on the agency (an estimate of the cost of rule imposition or potential savings  
for the agency promulgating the rule).  
It is not expected that the promulgation of rules will have a fiscal impact on the agency promulgating the rules.  
9. Describe whether or not an agency appropriation has been made or a funding source provided for any  
expenditures associated with the proposed rules.  
No agency appropriation has been made and no funding source has been provided because it is not anticipated that  
the department will have any expenditures associated with the proposed rules.  
10. Describe how the proposed rules are necessary and suitable to accomplish their purpose, in relationship to  
the burden(s) the rules place on individuals. Burdens may include fiscal or administrative burdens, or  
duplicative acts.  
The proposed rules are necessary to clarify the regulatory framework for processing affidavit of identity challenges.  
There are no anticipated burdens on individuals as the rules are not expected to have any fiscal impact, add any  
additional administrative burdens, or require any duplicative acts.  
A. Despite the identified burden(s), identify how the requirements in the rules are still needed and  
reasonable compared to the burdens.  
There are no identified burdens.  
IMPACT ON OTHER STATE OR LOCAL GOVERNMENTAL UNITS  
11. Estimate any increase or decrease in revenues to other state or local governmental units (i.e., cities,  
counties, school districts) as a result of the rule. Estimate the cost increases or reductions for other state or  
local governmental units (i.e., cities, counties, school districts) as a result of the rule. Include the cost of  
equipment, supplies, labor, and increased administrative costs in both the initial imposition of the rule and  
any ongoing monitoring.  
There are no estimated increases or decreases in revenues to other state or local governmental units as a result of  
the rule. There are also no estimated cost increases or reductions for other state or local governmental units as a  
result of the rules. The rules do not require the purchase of any equipment, supplies, nor do they require increased  
costs of labor or increased administrative costs in either the initial imposition of the rule and any ongoing monitoring of  
the rule. The rule is expected to have no financial impact.  
12. Discuss any program, service, duty, or responsibility imposed upon any city, county, town, village, or school  
district by the rules.  
There is no program, service, duty, or responsibility imposed upon any city, county, town, village, or school district by  
the proposed rules except that filing officials who accept affidavits of identity (AOIs) and who are already obligated to  
process challenges to those AOIs will now have rules in place that explain the deadlines for accepting challenges and  
responses to challenges. Similarly, those same filing officials will also gain rules addressing the required form that the  
challenges must be presented in. As a result, these filing officials will follow the requirements set out in the proposed  
rules and reject challenges that do not meet them.  
A. Describe any actions that governmental units must take to be in compliance with the rules. This section  
should include items such as record keeping and reporting requirements or changing operational  
practices.  
Filing officials who accept affidavits of identity (AOIs) and who are already obligated to process challenges to  
those AOIs will now have rules in place that explain the deadlines for accepting challenges and responses to  
challenges and the required form that the challenges must be presented in. Accordingly, because under the  
proposed rules there will now be some formal requirements for challenges these filing officials will follow those  
requirements and reject challenges that do not meet them. For these reasons, it is possible that the rules will  
represent a change in operational practices for some filing officials, but in general any change is unlikely as the  
proposed rules simply codify best practice. The rules do not impose any new record keeping or reporting  
requirements.  
MCL 24.245(3)  
RIS-Page 4  
13. Describe whether or not an appropriation to state or local governmental units has been made or a funding  
source provided for any additional expenditures associated with the proposed rules.  
No appropriation to state or local governmental units has been made and no funding source has been provided  
because there are no additional expenditures associated with the proposed rules.  
RURAL IMPACT  
14. In general, what impact will the rules have on rural areas?  
The rules are not expected to impact rural areas.  
A. Describe the types of public or private interests in rural areas that will be affected by the rules.  
There are no public or private interests specific to rural areas that will be affected by the rules.  
ENVIRONMENTAL IMPACT  
15. Do the proposed rules have any impact on the environment? If yes, please explain.  
The rules have no impact on the environment.  
SMALL BUSINESS IMPACT STATEMENT  
16. Describe whether and how the agency considered exempting small businesses from the proposed rules.  
The agency did not consider exempting small businesses from the proposed rules because the rules do not apply to  
small businesses.  
17. If small businesses are not exempt, describe (a) the manner in which the agency reduced the economic  
impact of the proposed rules on small businesses, including a detailed recitation of the efforts of the agency  
to comply with the mandate to reduce the disproportionate impact of the rules upon small businesses as  
described below (in accordance with MCL 24.240(1)(a-d)), or (b) the reasons such a reduction was not lawful  
or feasible.  
Small businesses are not exempt because the rules do not apply to small businesses. The rules will have no impact  
on small businesses.  
A. Identify and estimate the number of small businesses affected by the proposed rules and the probable  
effect on small businesses.  
The agency estimates that zero small businesses are affected by the proposed rules and that there is no effect  
on small businesses as a result of the proposed rules.  
B. Describe how the agency established differing compliance or reporting requirements or timetables for  
small businesses under the rules after projecting the required reporting, record-keeping, and other  
administrative costs.  
The proposed rules do not impact small businesses, so the agency did not establish any compliance or  
reporting requirements or timetables for small businesses, and there are no reporting, record-keeping, or other  
administrative costs to small businesses.  
C. Describe how the agency consolidated or simplified the compliance and reporting requirements for  
small businesses and identify the skills necessary to comply with the reporting requirements.  
The agency did not consolidate or simplify the compliance and reporting requirements for small businesses  
because there are no such requirements, as the rules do not impact small businesses at all.  
D. Describe how the agency established performance standards to replace design or operation standards  
required by the proposed rules.  
The proposed rules do not apply to small businesses, so the agency did not establish any performance  
standards to replace design or operation standards.  
18. Identify any disproportionate impact the proposed rules may have on small businesses because of their size  
or geographic location.  
MCL 24.245(3)  
RIS-Page 5  
There will be no disproportionate impact the proposed rules may have on small businesses because of their size or  
geographic location because the rules do not apply to small businesses.  
19. Identify the nature of any report and the estimated cost of its preparation by small businesses required to  
comply with the proposed rules.  
Small businesses are not required to comply with the proposed rules because the rules do not apply to small  
businesses, so there is no report or estimated cost to identify.  
20. Analyze the costs of compliance for all small businesses affected by the proposed rules, including costs of  
equipment, supplies, labor, and increased administrative costs.  
There are no anticipated costs of compliance for all small businesses affected by the proposed rules, including costs  
of equipment, supplies, labor, and increased administrative costs because the rules do not apply to small businesses.  
21. Identify the nature and estimated cost of any legal, consulting, or accounting services that small businesses  
would incur in complying with the proposed rules.  
There are no estimated costs of any legal, consulting, or accounting services that small businesses would incur in  
complying with the proposed rules because the rules do not apply to small businesses.  
22. Estimate the ability of small businesses to absorb the costs without suffering economic harm and without  
adversely affecting competition in the marketplace.  
Small businesses will not have to absorb any costs because the proposed rules do not impose any costs and do not  
apply to small businesses.  
23. Estimate the cost, if any, to the agency of administering or enforcing a rule that exempts or sets lesser  
standards for compliance by small businesses.  
There is no cost of administering or enforcing a rule that exempts or sets lesser standards for compliance by small  
businesses because the rules do not apply to small businesses.  
24. Identify the impact on the public interest of exempting or setting lesser standards of compliance for small  
businesses.  
There is no reason to exempt or set lesser standards of compliance for small businesses because the rules do not  
apply to them, so there is no impact on the public interest to identify.  
25. Describe whether and how the agency has involved small businesses in the development of the proposed  
rules.  
Small businesses have not been involved in the development of the proposed rules at all because the rules are not  
relevant to them.  
A. If small businesses were involved in the development of the rules, please identify the business(es).  
No small business was involved.  
COST-BENEFIT ANALYSIS OF RULES (INDEPENDENT OF STATUTORY IMPACT)  
26. Estimate the actual statewide compliance costs of the rule amendments on businesses or groups.  
There are no anticipated statewide compliance costs of the rule amendments on businesses or groups.  
A. Identify the businesses or groups who will be directly affected by, bear the cost of, or directly benefit  
from the proposed rules.  
Individuals who wish to challenge a candidate's affidavit of identity, candidates who are challenged, and filing  
officials are affected by the rules and will directly benefit from there being clear guidelines about how the  
challenge process works. It is not possible to estimate the number of people who will fall into those categories  
because the number varies from election to election. There will be no cost to the rules.  
B. What additional costs will be imposed on businesses and other groups as a result of these proposed  
rules (i.e., new equipment, supplies, labor, accounting, or recordkeeping)? Please identify the types and  
number of businesses and groups. Be sure to quantify how each entity will be affected.  
There will be no additional costs imposed on businesses and other groups as a result of these proposed rules  
(i.e. new equipment, supplies, labor, accounting, or recordkeeping), the rules simply explain the applicable  
deadlines and form requirements of the challenge process. No business, group, or individual is required to  
challenge an affidavit of identity, so the rules do not make anyone do anything. The challenge process is  
completely voluntary.  
MCL 24.245(3)  
RIS-Page 6  
27. Estimate the actual statewide compliance costs of the proposed rules on individuals (regulated individuals or  
the public). Include the costs of education, training, application fees, examination fees, license fees, new  
equipment, supplies, labor, accounting, or recordkeeping.  
The agency estimates that there will be no compliance costs of the proposed rules on individuals.  
A. How many and what category of individuals will be affected by the rules?  
Individuals who wish to challenge an affidavit of identity, candidates who have their affidavit of identity  
challenged, and filing officials will be affected by the rules to the extent that the rules will explain the procedure  
for processing those kinds of challenges. It is impossible to estimate the number of individuals who will fall into  
these categories because it varies from election to election and no one is required to run for office or challenge  
an affidavit of identity.  
B. What qualitative and quantitative impact do the proposed changes in rules have on these individuals?  
It is not anticipated that the proposed rules will have a quantitative impact. The qualitative impact that is  
anticipated is that the proposed rules would create a uniform and clear procedure for processing challenges to  
affidavits of identity.  
28. Quantify any cost reductions to businesses, individuals, groups of individuals, or governmental units as a  
result of the proposed rules.  
There are no anticipated cost reductions to businesses, individuals, groups of individuals, or governmental units as a  
result of the proposed rules.  
29. Estimate the primary and direct benefits and any secondary or indirect benefits of the proposed rules. Please  
provide both quantitative and qualitative information, as well as any assumptions.  
It is not anticipated that the proposed rules will have a quantitative impact, either primary/directly or  
secondarily/indirectly. The qualitative primary/direct impact that is anticipated is that the proposed rules would create  
a uniform and clear procedure for processing challenges to affidavits of identity. It is assumed that having clear rules  
in place that everyone is aware of and can follow is a public good. This public good that arises from clarity around the  
AOI challenge process is also a secondary/indirect benefit.  
30. Explain how the proposed rules will impact business growth and job creation (or elimination) in Michigan.  
The proposed rules are not expected to impact business growth and job creation (or elimination) in Michigan.  
31. Identify any individuals or businesses who will be disproportionately affected by the rules as a result of their  
industrial sector, segment of the public, business size, or geographic location.  
It is not expected that any individuals or businesses will be disproportionately affected by the rules as a result of their  
industrial sector, segment of the public, business size, or geographic location.  
32. Identify the sources the agency relied upon in compiling the regulatory impact statement, including the  
methodology utilized in determining the existence and extent of the impact of the proposed rules and a cost-  
benefit analysis of the proposed rules.  
The agency relied on the Department of State's current practice, knowledge of the timelines that are realistic for other  
filing officials, and current procedures used by filing officials. The agency relied on agency staff and its regulatory  
experience to formulate estimates and assumptions and determine the need for the proposed rules. It further relied on  
public confusion around the process for filing challenges to a candidate’s affidavit of identity to evaluate the cost-  
benefit of the proposed rules in that this confusion was evidence that the rules were needed.  
A. How were estimates made, and what assumptions were made? Include internal and external sources,  
published reports, information provided by associations or organizations, etc., that demonstrate a need  
for the proposed rules.  
The agency relied upon agency staff and its regulatory and administrative experience to determine the impact of  
the proposed rules. The agency also considered local filing official practices and questions from the public that  
demonstrated the need for the proposed rules. The agency did not rely on any published reports or information  
provided by associations or organizations.  
ALTERNATIVE TO REGULATION  
33. Identify any reasonable alternatives to the proposed rules that would achieve the same or similar goals.  
The only alternative to the proposed rules to achieve the same or similar goals would be amendment of the Michigan  
Election Law to provide for the exact guidelines that the proposed rules provide.  
MCL 24.245(3)  
RIS-Page 7  
A. Please include any statutory amendments that may be necessary to achieve such alternatives.  
The only alternative to the proposed rules to achieve the same or similar goals would be amendment of the  
Michigan Election Law to provide for the exact guidelines that the proposed rules provide, so if that alternative  
to the rules is pursued then the amendment would be necessary.  
34. Discuss the feasibility of establishing a regulatory program similar to that proposed in the rules that would  
operate through private market-based mechanisms. Please include a discussion of private market-based  
systems utilized by other states.  
A regulatory program established by a private third-party is not feasible because the subject of the rules concerns the  
administration of elections. The Michigan Election Law reserves this power solely to the Secretary of State, Bureau of  
Elections, County, City, and Township clerks. The agency is not aware of a private market-based system, as opposed  
to a state regulatory body, for this purpose that is utilized in any other state.  
35. Discuss all significant alternatives the agency considered during rule development and why they were not  
incorporated into the rules. This section should include ideas considered both during internal discussions  
and discussions with stakeholders, affected parties, or advisory groups.  
Due to the nature of regulating the manner of elections, no significant alternatives to reasonable regulation were  
considered during the development of the proposed rules. The rules are intended to codify best practices and no  
alternatives were considered during internal discussions or discussions with stakeholders, affected parties, or  
advisory groups.  
ADDITIONAL INFORMATION  
36. As required by MCL 24.245b(1)(c), please describe any instructions regarding the method of complying with  
the rules, if applicable.  
The rules explicitly inform individuals of requirements and methods of compliance.  
MCL 24.245(3)  
;