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Michigan Legislature Passes Package of Bills Implementing Proposal 2

July 1, 2023

At the November 2022 state general election, Michigan voters overwhelmingly approved a voting rights constitutional amendment known as Proposition 2022-2 (“Prop 2”). Prop 2 enshrined in the Michigan Constitution the right to vote early in every statewide and federal election, a permanent absentee voting list, expansion of acceptable voter identification, absentee voter improvements, and extended deadlines for military and overseas ballots.[1] These rights require sweeping changes in election administration. The Michigan Legislature has passed a package of election-related bills implementing these changes and providing guidance to local clerks.

Certain aspects of the bills go beyond Prop 2’s constitutional mandates, including new provisions allowing faster reporting of absent voter ballot results through tabulation before the polls close on Election Day and criminal penalties for disclosing results early.    

Some of the significant changes of the bills include:

SB 367 also allows for the possibility of pre-processing and early tabulation of absent voter (“AV”) ballots. 

The bills now head to Governor Gretchen Whitmer’s desk, where she is expected to sign them into law. When the new provisions will take full effect is an open question, depending upon whether a provision is constitutionally self-executing or must be enabled by legislation.[2] For instance, early voting under Prop 2 is self-executing and must be in place for the next presidential primary election regardless of whether the legislation is in effect.

Miller Canfield will continue monitoring these developments. If you have any questions, please contact your Miller Canfield attorney, any member of the Miller Canfield Election Law team or one of the authors of this alert.

[1] Michigan Const. Article II § 4(1)

[2] Michigan Bureau of Elections News Update, June 30, 2023,