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By Patrice Johnson | September 18, 2024
Michigan’s Democrat-controlled Senate passed a package of four bills, referred to as the "Michigan Voting Rights Act" on September 17. The bills now head to the Democrat-controlled House, and critics warn the bills represent a significant state government takeover of elections, threatening election integrity on a number of fronts, not the least of which is the special treatment afforded to new "protected classes" of people. Senate Bills 401 through 404 would shift control of elections from the legislature to the state's courts and executive branch, and they would grant the secretary of state unprecedented power over local governments.
As an example, SB 401 empowers court-appointed monitors to oversee local elections, opens the door to ranked choice voting, and forces local governments to notify the secretary of state's office before changing so much as the location of a ballot drop box. It also opens the door to reparations to past offenses and to funding the expenses of "protected class" candidates to run for office.
One could conclude that under the auspices of equity, these bills empower the state government's judicial and executive branches with authoritarian control over local jurisdictions. No question, they minimize the role of duly elected legislators and use taxpayer dollars to fund a massive growth in state government power.
SB 401’s creates the Michigan Voting Rights Assistance Fund, a bottomless pit of monies for lawfare against local governments and citizens. The funds come from taxpayer dollars and "charitable contributions or from any other source." [Emphasis added.]
The bill's wording reads like an invitation to dark money, institutionalizing banana republic corruption. Plus, the funds remain separate in perpetuity.
SB 401, Sec. 15. (1) The Michigan voting rights assistance fund is created in the state treasury.
(2) The state treasurer shall deposit money and other assets received from charitable contributions or from any other source in the Michigan voting rights assistance fund. The state treasurer shall direct the investment of money in the Michigan voting rights assistance fund and credit interest and earnings from the investments to the Michigan voting rights assistance fund.
(3) Money in the Michigan voting rights assistance fund at the close of the fiscal year remains in the fund and does not lapse to the general fund.
(4) The department of state is the administrator of the Michigan voting rights assistance fund for audits of the Michigan voting rights assistance fund.
(5) The department of state shall expend money from the Michigan voting rights assistance fund only for the purpose of reimbursing prospective plaintiffs and local governments for certain expenses….
Who are these "prospective plaintiffs"? One has to ask.
Ranked choice voting does away with the idea of one person one vote and turns elections into a lottery system. RCV, disenfranchises voters and cannot be audited. What in the world is "cumulative voting" or "limited voting that incorporate aspects of at-large and district-based methods of election"? The phrases have the ring of gerrymandering on steroids, as if a select committee or government agency will determine who can vote on what issues, and how their votes will be counted.
SB 401, Sec. 3, (a) "Alternative method of election" means a method of electing candidates to the legislative body of a local government other than an at-large method of election or a district-based method of election and includes, but is not limited to, proportional ranked-choice voting, cumulative voting, or limited voting that incorporate aspects of at-large and district-based methods of election.
One of the key points of contention is Senate Bill 404, which has drawn the ire of Republican lawmakers. Former Secretary of State and current Senator Ruth Johnson, R-Holly, strongly opposed the bill, claiming it would erode voter privacy and place unnecessary burdens on local election officials.
“These bills would cost taxpayers millions of dollars and create new obstacles for our clerks and local units of government that are simply unnecessary,” Sen. Johnson said. She argued the bills go beyond existing federal and state voting rights protections and would establish an excessive bureaucracy.
Senator Johnson's concerns about electioneering within polling places were central to her objections. She emphasized the threat to the privacy of voters and the potential for inappropriate influence within polling locations.
"Under this bill, I could enter a polling location — even if I was a candidate on the ballot — and say ‘Hi, I’m Ruth Johnson, please accept this snack while you’re waiting in line to vote.’” She highlighted the potential for candidates to campaign inside polling places. The act of distributing food and drinks to voters within 100 feet of a polling location is currently against the law and considered electioneering.
Senator Johnson proposed two amendments to SB 404 aimed at restricting such practices. One amendment sought to ban candidates from distributing food or beverages inside polling locations, while the other proposed limiting such activities to areas outside polling places.
Sen. Ruth Johnson concluded her remarks by stating, “The voting process is a private opportunity for citizens to express their preferences without undue influence or distraction.”
Both of her amendments were voted down in the Senate.
Senator Jim Runestad (R) came out swinging against all four bills. Of SB 402 he said, “Establishing an ‘institute’ for collecting election data outside of a government entity that is understood by the public to be proprietary information is a dangerous precedent and a breach of the public trust.”
SB 403 assigns language assistance for elections expressly to local city and township governments. This bill’s enactment, Runestad said, “Would not only place a substantial financial burden on local government, but it will also be especially burdensome as part of the election day process at the precincts.”
He criticized SB 403 as impractical and unsustainable from a fiscal point of view and called for legislation, plus funding, for the development English language programs for all non-English speaking residents.
Patrice Johnson warned legislators not to be lulled into thinking they can reverse these bills if party control changes after the November 5 election. “These bills are slated to take effect in January 2026, but Section 13(5) in SB 401 states, ‘The secretary of state may adopt rules under the administrative procedures act,’” Johnson warned. “The executive branch is trying to change the rules and adopt SB 603 early under the Administrative Procedures Act. It’s logical to assume they’ll try to do the same with this entire package.”
All four bills now move to the Michigan House, where further debate is expected as lawmakers grapple with concerns about election costs, the potential for legal battles, and the balance between equity of outcomes versus equal rights for all people.
What you can do:
Contact your state representative today. Express your opinion on House Journal 66, Senate Bills 401, 402, 403 and 404. To contact your representative, click here:
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