Susan J. Demas
A four-bill package which would mirror the federal Voting Rights Act of 1965 has passed through the Michigan Senate.
The bills in the Michigan Voting Rights Act — Senate Bills 401, 402, 403 and 404 — passed Tuesday along party lines, with majority Democrats saying they were needed now more than ever after the federal legislation they were modeled on had been weakened in recent years by the right-wing majority on the U.S. Supreme Court.
“The Michigan Voting Rights Act will provide pathways for voters of color and protected classes to protect their voting rights and their rights of fair political representation,” said Sen. Darrin Camilleri (D-Trenton), sponsor of the main bill in the package.
“It will ban voter intimidation and voter suppression,” Camilleri continued. “It will expand language translation for communities who need it. It will empower disabled voters with additional ways to exercise their vote in person, and these bills will protect Michigan voting rights for decades to come regardless of what happens at the federal level.”
Republicans, however, decried the legislation as an unnecessary intrusion that would create more suspicion of the election process and further burden local election officials.
“They create additional reporting requirements and mandates upon our local clerks,” said Sen. Ed McBroom (R-Vulcan). “They also include the opportunity for distribution of materials at polling places and other issues that just seem completely superfluous to the opportunity of people exercising their right to vote.”
The bills would do the following:
Senate Bill 401 would prohibit local governments and state agencies from imposing any laws or policies that would impair the ability of a protected class to participate in the political process. It would also set up a process to arbitrate alleged violations of the Act, including submission directly to the Michigan Secretary of State (SOS).
Senate Bill 402 would require the SOS to create the Michigan Voting and Elections Database and Institute, in conjunction with one or more public research universities in Michigan, to make election and voting data accessible to the public.
Senate Bill 403 would require and expand the jurisdictions that must translate election-related information into languages other than English to ensure that language minority groups have an equal opportunity to participate in the voting process, and allow constituents to file a grievance if they fail to do so.
Senate Bill 404 would amend Michigan Election Law to require local governments provide timely notice regarding changes to election methods. It also sets up a process for seeking voting assistance, allows individuals to provide necessities such as food and water to voters provided that it does not interfere with the voting process, and removes the requirement that election inspectors reject the ballot of someone who allows someone else to see it.
State Sen. Ruth Johnson (R-Holly), who formerly served as Michigan secretary of state, offered two amendments, which were defeated on party lines.
The first would have prohibited food or beverage distribution inside polling locations, instead mandating it only occur outdoors. The second sought to limit who could distribute the food or beverage, and prohibit any discussion of the election.
“Without my amendment,” she said, “I could enter a polling location and even as a candidate on the ballot say, ‘Hi, I’m Ruth Johnson. Please accept this snack while you’re waiting in line to vote’ just moments before you enter the voting booth. Similarly, without this amendment, a volunteer from my campaign could enter a polling location and say ‘Please accept this hot dog or cup of coffee from Ruth Johnson.’ I feel strongly that the vast majority of people would agree that this type of activity would be inappropriate inside a polling location.”
Sen. Jeremy Moss (D-Southfield) took to the floor in response to Johnson’s assertions, vigorously disputing their basis.
“I was going to let some of these amendments go, but there were so many fantasies that were just created in the explanation of those amendments that have to be responded to,” he said. “I think one of the more shameful episodes out of the election in 2020 were probably contrived efforts to create long lines around the country. I think specifically in Georgia it was in focus where communities of colors face disproportionate barriers and long lines in order to exercise their right to vote. And one of the efforts made by Republicans was to even prevent them from getting water or food while they waited and endured throughout the balance of the day to exercise their right to vote.”
Michigan lawmakers and local governments seek the right balance on expanding voting rights
Moss disputed the idea that somebody’s vote would be swayed after getting a bottle of water just moments before casting their ballot, and said the argument that allowing food and water would permit electioneering inside the poll was not in line with current law.
“Clerks do not allow electioneering in the polling location. The law does not allow electioneering inside the polling location. So to use items like food and water for voters who may have to disproportionately, because of systemic problems, wait in line in their community and to prevent them from those items while waiting to vote and to use that as a weapon to say that somehow there’s going to be electioneering in the voting location is preposterous,” said Moss.
The legislation, which is supported by democracy and voting rights organizations, including the League of Women Voters, ACLU Michigan, and the NAACP Legal Defense Fund, now moves to the state House for consideration.
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