Michigan Office of Administrative Hearings and Rules

Administrative Rules Division

611 West Ottawa Street; 2^ndFloor, Ottawa Building

Lansing, MI 48933

Phone: (517) 335-2484; Email: MOAHR-Rules@michigan.gov

JCAR AGENCY REPORT/PACKAGE

1. List names of newspapers in which the notice of public hearing was published

and publication dates:

Marquette Mining Journal (September 17, 2021)

Flint Journal (September 17, 2021)

Kalamazoo Gazette (September 17, 2021)

2. List of the name and agency representative(s) attending public hearing:

Adam Fracassi (Bureau of Elections – Designated Agency Representative)

Doug Novak (Department of State – Regulatory Affairs Officer)

Jonathan Brater (Bureau of Elections – Director)

Brian Remlinger (Bureau of Elections – Law Fellow)

3. Persons submitting comments of support:

See below.

4. Persons submitting comments of opposition:

See below.

Comments Made

Name &

Organization

At:

Rule Number &

Citation Changed

Agency Rational

for Rule Change

Comments

(Public Hearing or

Written)

Expressed concern

that rule did not

specify whether

candidates were

required to report

prior out-of-state

candidacies.

Expressed concern

that campaign

finance records

may not be

Clarifies that prior

candidacies only

need to be

reported under this

rule if they

occurred in

Michigan.

Clarifies that only

prior candidacies

for offices for which

campaign finances

Kristina Karamo

Public Hearing

R 168.2(1)

Revised: 12-21-20

available in some

cases, including

prior candidacies

for precinct

records to be filed

need to be

reported under this

rule.

delegate.

Expressed concern

that candidates

would be

disqualified solely

because the

candidate did not

include a list of

jurisdictions in

which they had

previously sought

office.

Clarifies that a

candidate may not

be disqualified

from the ballot

solely because

they did not include

the list of prior

candidacies

Rep. Ann Bollin

Written

R 168.2(1)

requested under

this rule.

Persons Submitting Written Comments in Support of Proposed Ruleset

Keith Daenzer, Paula Bowman (League of Women Voters of Michigan), Christina Schlitt

(League of Women Voters of Michigan), Darlene Paulauski, Lisa Lawitzke (Bellevue Township

Clerk).

Persons Submitting Written Comments in Opposition to Proposed Ruleset

Joe Welsh, Tara Kiilunen, Kathy Brooks, Scott George, Leanne Beduhn, Philip Hoffiz, Matt

Halonen, Anne Ackerman, Paula Owen, Roseann Callaghan, kyraamellia19@gmail.com,

Colleen Mulcahy, Carol Knoblauch, Kari West, Judith Walsh, Andrew Halonen, Gary Metzger,

David Halonen, Thomas Konesky, Kathleen Handyside, Jack F. Neveau Ii, Bruce Jones,

Deanne J. Oswald-Debottis, Pam Harpst, G Walsh, Natalie Johnson, Lisa Texas, Leon Kamps,

C Fog, Ken Jonkman, Joyce Jonkman, Carol Garcia, Brenda S Branch, Mary S. Vaughan,

Cornish Gayle Albano, Wonda F. Branch, Paul Okoniewski, Michele Okoniewski, Sierra

Okoniewski, Jessie Okoniewski, Shari Paulsen, Raymond Bryde, Michelle White, James Doner,

Kerry Kuzak, Kathleen Parrottino, Judy Hudecz, Lori Levi, Claude Fish, Doug Sharrott, David

Martin, John Baldwin, Andrea Smith, Valentin Dumitrescu, Rebecca Simkins, Ryan Serge,

Elizabeth Joseph, Daniel Pattison, Shane Ross, Melanie Sage, Denie Perkola, Gary Alan,

Broderick Johnson, Colleen Quinn, Shelly Stanley, Mark Jerding, Kimberly Townsend, Melissa

Beckley, Dan Nickels, Thomas Sullivan, Rodney Sherwood, John Michalek, Shayne Doorn,

Mina Postman, Bonnie Burgess, Susana Bercea, John Buckley, Wendy Baker, Cash Harvey,

Anna Pennala, Karen Dennis, Patricia Little, John Harris, Tami Huf, Andrew Kujawiak, Robert

Brush, Harriet Austin, Robert Micknak, Randall Vanmourik, Jill Horton, Barbara Carter, Paul

Kolb, Ellie Nicoloff, Jackie Gales, Nancy Tiseo, Antoinette Connolly, Charles Wright, David

Janman, Stephen O'Neill, Nsncy Faber, Lisa Bruck, Penny Demario, Brenda Branch, Charles

Schunck, Nancy Maier, Amy Rice, Kristi Neely, Leo Ohlendorf, Vicky Gorsuch, Barbara

Ellsworth, Lise Tetrault, Christy Petill, Stacey Klein, Susan Nickels, Samuel Burkett, Trudy

Foley, Ryan Krafft, Leonard Corwin, John Hawkinson, Duane Cross, Bobby Penrod, Cheryl

Spotts, Shawn Tidey, Barbara Doyle, Brittney Perkins, Christine Johnson, James Dishman,

Sally Barbo, Ellen Brace, Jean Dehaan, Patrick Decker, Kathleen Caldwell, Donald Eichstaedt,

Chris Thibodeau, Shannon Faaa, Beth Striegle, Benjamin D. Phenicie, Kathy Jacksey, Sandra

2

Helzerman, Lisa Luks, Sandra Bonkowski-Koelzer, Amy Waldo, Cari Wiersema, Susan Sterner,

Lisa Finn, Ted Vandenberg, Patricia Pickelmann, Michael Koenes, Susann Young, Marven

Yatooma, Joseph Cunnings, James Sterner, Shannon Mcclintock, Shelly Moreland, Jared Allen,

Janine Bradbury, Karmen Kinsey, David Richardson, Deborah Barone, Sheila Pomaranski, Lori

Bucalo, Constance Hill-Coryell, Meryl Way, Jane May, Bonnie Kendall, Jennifer Kalee, Serena

Schwartz, William Hamlin, Amy Goodrich, Nancee Mooney, Michael Dietz, Mary Henman,

Stencil Douglas, Martha Radtke, Maria Vulaj, Alex Yarber, Julie Meredith, Ron Foster, Andrea

Dumitrescu, John Chapin, Glenn Fye, drkew1@comcast.net, Steve Paquette, Meghan Reckling,

Anna Graziosi, Barbara Harburg, John Harburg, Steve Cencich, Anne Langlois, Keith Eichholz,

Patricia Fuson, Greg Kett, Nick Kamps, Marilynn Pavlov, Anita Spehar, Ken Stults, Cyndy Ross,

Eric Gerwin, Robert Esselink, Bryan Boyl, Susan Rockwell, Martin William, Laurie Katerberg,

Susan Watrous, Katie Valencia, Mary Alstead, Cynthia Pettit, Agnes Marko, Kathleen Walega,

Wanda Kett, Wanda White, David Thomas, Octavian Dumitrescu, Kathleen Haller, Dean

Schrauben, Pat Smith, Shelly Mason, Carol Towns, Saralee Rehkopf, Nancy Dyer, Carol

Dukarski, Gary Gerds, James Ashby, Seth Vankoevering, Robert Goryca, Sarah Springer, Jc

Bradley, Stephen Lance, Randy Rice, Kathy Yesh, Frank Blake, Beth Anderson, Daniel

Dobbins, Devora Dumitrescu, Thomas Berta, Kris Mahoney, Edward Kehoe, Cecile Jean,

Michael Laethem, Gloria Hensley, Nita Kitson, Joe Michaels, Denise Thornton, Annette

Lebaron, Marsha Young, Brian Young, Joe Torrice, Susan Moss, Gayle Adams, Shannon

Kilpela, Joann Mehki, Dianne Schley, Mary Vaughan, Paul Potter, Erin Rockwell, Dawn Steffes,

Timothy Quinn, Warren Patton, Kristina Smith, Leonard Knotwood, David Stamp, Diane

Sheppard, Kahleen Tenaglia, Bruce Atherton, Jola Britton, Susan Childers, Jennifer Corwin,

Lesley Heinonen, Ty W. Krauss, Andrew Warber, Glenn Laffy, Hank Levine, Geri Cerilli, Gregg

Kebler, Johannah Smith, Margaret Urban, Taylor Almy, Michelle Dekuiper, Rebecca Marsland-

Hill, Daniel Boes, Mark Reiman, Steven Legal, James Bliss, Cindy Ankoviak, Dorthea Harvey,

Nathan Tithof, Angela Eckles, Don Kebler, Beverly Postema, Nathaniel Bean, Sarah

Schrotenboer, Steven Van Houten, Marie Gravel, Paul Lubienski, Joseph Coyle, Angeline

Smith, Jessica Sharpe, Trisha Cuellar, Gina Brooks-Kwolek, Christine Winowiecki, Charles

Weddle, Patty Steffes, Linda Martin, Deanna Cypher, Lisa Palmer, Dave Ruhle, Rebecca

Dunlavy, Robert Payne, Sharon Hile, Curt Michaels, Pamela Bycraft, Sarah Husman, Sean

Kuhl, Marie Barrett, Heather Ciantar, Steve Kincius, Earl Tipper, Dennis Little, Miller Marilyn,

Judith Burns, Ross Greenstein, Beth Johnson, Floyd Behmlander, Gloria Folding, Yvonne Rush,

Patrick Collings, Dennis Ross, Gina Brewer, Elaine S. Page, Anne Howarth, Jana Leining, Linda

Nimmerguth, Kris Mcbride, Pat Schultz, George Jewett, Maureen Hill, Gloria Zapata, Dorothy

Koprowicz, Joe Barge, Sandra Rogowski, Rick Morris, Erick Fair, Kim Corey, Nicholas Robison,

Albert Maier, Susan Penegor, Todd Hyde, Lisa Zulcosky , Roland Johnson , Dianna Solmes,

Joseph Riker, Tammy Beal, Kelly Farver, Stephen Ghostley, Patricia Denny-Diget, Lynnae

Haveman, Julie Redinger, Amanda Horton, Robert Netzel , Connie Langeland, Gail Peura, Jodi

Raymond, Susan Wiegers , Denise Wardosky, Patrick Devota, Jennifer Kittredge-Hageman,

Karla Perez-King, Mary Jo Marchetti , Betsy Southern , No Change No Change, Rebecca

Steele, Kelly Joseph-Tirador , Bronwyn Groeneveld, Patty Preuss, Mark Pallo, Dawn Vollmer,

Shannon Setlock , Rachel Pridr, Ryan Anderson, James Barnard , Joel Hugen, Misty Vogel,

Kathleen Nelson , Sarah Wyma, Jaime Pilbeam , Lacey Rabie, Lindsey Armstrong, Stephanie

Debrabander, Noah Cecil, Esther Fenwick, Dawn Barnhouse, Janie Wakefield , Steve Tugan,

Sharon Howdyshell, Dennis Howdyshell, Debbie Sewers , Amie Ackerman, Gerard Essiambre,

Judith Martin, Donna Kauzlarich, Brook Burg, Rhea Rinke, Elaine Nabor, Carol Kauzlarich, Hall

Derkin, Richard Kirby, Jason Fine, Stephen Sawdon, John Stokes, Patricia Roelofs, Carol

Wooten, Mark Outman, Rep. Ann Bollin, Donald P Mcgaffey, Susan Topoleski, Connie

Robinson, Mark Fosdick, Joseph Bridgman, Michele Blond, Todd Hoogland, Mike Dolan

(Hamburg Township Clerk), Elizabeth Hundley (Livingston County Clerk), Jeff Witters, David

Walus, Larry R. Hull, David G Halford, Lori Shaffer, Marcus Puste, Jason Welter, John Poelstra,

3

Tammy L. Beal (Marion Township Clerk), Shaun Halaberda, Louis Urban, Madelyn Thomas,

Kristie Walls, Leah Riley, Mark Van Den Branden, Tom Caldwell, Beth Donaldson, Jay

Donaldson, Laura Shiel, Joy Bos, Theresa Carrier-Torrealba, Yvonne Black, Barbara Giles,

Sandra Lafond, Kim Zapor, Paula Seiter, Mark Redford.

Persons Offering Comment at Public Hearing Comments in Opposition to Ruleset

Kristina Karamo, Gabriel Rees, Matthew Rees, Valentin Dumitrescu, Jaki Lovrince, Ryan

Roberts, Rob Remelius, William Lethemon.

No Hearing Comments Offered in Support of Ruleset.

4

Oct. 1, 2021

Secretary of State Jocelyn Benson

Richard H. Austin Building

P.O. Box 30204

430 W. Allegan St.

Lansing, MI 48909

Secretary Benson:

The Department of State has proposed rules that will compromise the integrity of Michigan elections. As

a former clerk for over 16 years and now serving as a legislator and Chair of the House Elections and

Ethics Committee, I find it imperative that these rules not advance until we can ensure that the rules will

protect the vote and the voter.

Presidential elections are always anomalies and 2020 was no different. It was an unprecedented election

cycle. This was Michigan’s first general election since the passage of Proposal 3 with no reason AV’s and

same day registration, a contentious presidential election cycle, and one that saw a record influx of

outside money directly interfering with our elections. These factors, coupled with a pandemic and

changes made to our election laws through executive orders or by the bench, eroded public trust and voter

confidence. Politics have taken precedence over principles. Personal agendas over good governance and

policy.

While Michigan’s election is behind us, we need to learn from it. It is clear there are opportunities to

improve our elections to help restore voter and candidate confidence.

Creating a pathway to make it easier to cheat or harder to vote should not be our goal. It should be easy to

vote and hard to cheat. It is that simple. Our common goal – no matter where you stand politically –

should be that every eligible voter can vote freely, secretly, independently, and securely and with

confidence that their vote counted.

These proposed rules will erode the public’s trust and allow political agendas to take precedence over

sound public policy. We simply cannot adopt these rules in current form for the following reasons:

MOAHR 2021-60 – Disqualification from Ballot Based Upon Contents of Affidavit of Identity

The Department of State will be doing a disservice to the people of Michigan if you enact a rule that

disqualifies candidates simply because they forget to disclose every single jurisdiction in which they

previously sought nomination or election – and without giving them a chance to correct mistakes caught

before the filing deadline. It’s overly harsh and goes against the goal of encouraging voter participation

and expanding competition in races.

This same rule would put cumbersome new requirements on city and township election officials who are

not responsible for campaign finance records. Campaign finance reports are filed with the Secretary of

State’s office or a county clerk’s office.

Many campaign finance reports are not available online. This means county, township, and city staff

would have to spend time and manpower to manually search records across the state on a quest to try and

determine whether a candidate should be disqualified. Having to review potentially thousands of

campaign finance records will be a major undertaking that will increase costs and cause delays for clerks’

offices that are already understaffed.

MOAHR 2021-61 –Signature Matching for Absent Voter Ballot Applications and Absent Voter

Ballot Envelopes

This rule would weaken the signature matching standards that are currently in place for absent voter

applications and absent voter ballot envelopes. Signature verification is a hallmark standard that protects

the voter. With the elimination of the requirement that a first-time voter must appear in person before an

authorized election official since Proposal 3 to validate their identity, it is even more important that we

tighten the signature rules, not loosen them.

The proposed rule definition of "signature on file" is not in accordance with state law. MCL 168. 761 (2)

and MCL 168.766 (2) clearly state that signatures must be compared to the QVF or the mastercard file. It

should not include the signature on the absent voter ballot application as a point of reference because that

assumes that signature is valid without proper verification techniques being applied. The definition should

only include those signatures that are "actually" on file either in the QVF, or the mastercard file.

This proposed rule would also create an automatic presumption that any signature on an absentee voter

ballot application and absentee voter ballot envelope is valid. This rule includes overly broad “redeeming

qualities” that would allow mismatched signatures to be accepted. It also includes vague “explanations for

differences” that would be subject to vastly different interpretations from election officials in

communities across our state.

Common sense dictates that the standard that should be followed for signature verification is that the

signature should bear a "significant resemblance" to the signature on file. The rule components dealing

with redeeming qualities and explanations for differences should default to a “significant resemblance”

standard.

Accepting signatures where only part of the signature, a partially printed signature or a person who has

changed their signature to only use initials instead of what is on file is not appropriate.

As a former clerk who verified signatures for thousands of voters, it easy to determine that a voter has

signed on a rough surface but it is utterly ridiculous to think this standard should carry the same weight in

verifying a voter’s signature as signature characteristics that can readily validate a voter’s signature. For

example, how the I’s are dotted, the capital letters are made, the spacing, etc.

We must rely on a "significant resemblance" standard. Signatures must have certain consistent markers.

Again, this includes the way capital letters are written, and the way in which the letters "i" and "t" are

dotted and crossed.

The makers of these proposed rules would have us believe that this standard of "initial presumption of

validity" is common practice. This is false.

This alleged standard was a directive put forth by the SOS last year that resulted in a lot of confusion and

potential fraud. This was challenged in Robert Genetski and Michigan Republican Party v. Jocelyn

Benson and Jonathon Brater in the Court of Claims. On March 9, 2021 Judge Christopher Murray ruled

that the SOS had no authority to provide this directive "because the challenged signature-matching

standards were issue in violation of the Administrative Procedure Act."

As for the rules on timing of signature review and notification Rule 168.25, those provisions are set out in

statute under MCL 168.761 (2) and MCL 168.765a (6) which were just signed into law last year. It should

also be noted that the statute does not require the clerk to notify the voter by phone and email. It states by

mail, phone, or email. This was also passed just last year and should remain as an option. Clerks have

many responsibilities leading up to the election and with unreliable internet in many parts of state, we

need to provide reasonable accommodations for our 1,500-plus clerks.

Rule 168.26 on curing signatures is overly simplistic. It essentially states that if the clerk thinks the

signature is mismatched, they contact the voter and request they provide another signature which may

also not match the signature on file. More diligence is necessary to cure mismatched signatures. It may

even be on a separate piece of paper as written in the proposed rule.

Additionally, these rules should require regular updates of signatures and uniform signature verification

training for election officials.

MOAHR 2021-62 Online Absent Voter Ballot Applications

The rules pertaining to online voter ballot applications are also insufficient. Local clerks currently rely

upon physical signatures on absent voter applications and ballots to verify that an absentee ballot is being

mailed to and voted by the person eligible to receive that ballot. These signatures are compared to the

QVF and the master card if necessary. This has been a long-standing practice.

Confirmation that the signature has been checked is required to be noted on the AV application and the

ballot before it is forwarded for processing should be incorporated into statute or the rule.

In 2020, the SOS directed voters to simply take a picture of their signature and submit it electronically to

the local clerk. These images were often distorted, unreadable and resulted in delays in providing voters

with their ballots until the signatures could be cured.

Local clerks were often not equipped with quality printers and supplies to print these “pictures.” Signature

curing took longer than necessary and resulted in voter confusion, duplicate applications, and

disenfranchisement. The SOS’s public service announcements were often confusing and misleading.

Electronic uploads via unsecured email portals can lead to voter fraud and serve as a potential identity

theft threat. It’s just not that hard to find access to another person’s name, address, birthday, and driver’s

license number. Slapping the digital signature of a voter that’s already on file with the Secretary of State

onto an online absentee ballot application – as Rule 168.33 proposes – strips away this important

safeguard. Of course, the two signatures are going to match – they’re the same exact file. There should be

a two-factor authentication to prevent fraud and ensure absentee voting is a system the public can trust.

There are several other factors that make this practice difficult for clerks. Not all clerks have the same

technological capabilities to move away from paper forms and applications. Rule 3 (4) which would allow

voters to upload a copy of their physical signature ignores these potential technical limitations. Only a

limited number of states have implemented this, and the security risks may not be fully known.

There are multiple ways for individuals to apply for an absentee ballot and with permanent AV

application lists, we should not compromise perceived convenience for security.

The impact statement implies that these proposed rules are common practices in the SOS office.

However, the idea of an online voter ballot application was only created last year because of a public

health pandemic with no input from anyone. Something that has been used only once is not a common

practice.

As I have detailed, I have serious concerns about the changes the Department of State is proposing – and

so do hundreds of other residents and election officials. I believe we can work together with our local

clerks to improve upon theses proposed rules and create a better product that both advances democracy

AND protects the vote and ensures our elections are secure.

Sincerely,

Ann Bollin

State Representative

42^ndHouse District

CC: Jonathan Brater