Mich. Admin. Code (State) | Michigan Administrative Code — Department of State

Elections & Campaign Finance Elections & Campaign Finance

R 4.411 to R 4.473 Lobbyist Registration and Reporting

Mich. Admin. Code R 4.411 Definitions {#sec-r-4.411 omnilex-key=us-mi-regs-official--dept-state--R 4.411}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

LOBBYIST REGISTRATION AND REPORTING

(By authority conferred on the secretary of state by section 16 of 1978 PA 472, MCL 4.426)

PART 1. GENERAL PROVISIONS

Rule 1. (1) As used in the act or these rules:

(a) "Act" means Act No. 472 of the Public Acts of 1978, being S4.411 et seq. of the Michigan Compiled Laws.

(b) "Communicating directly" means actual verbal conversations conducted in person or transmitted by electronic means, or written communications addressed to a public official, for the purpose of influencing legislative or administrative action.

(c) "Elected or appointed public officials of state or local government means officials whose term of office is prescribed by statute, charter, ordinance, or the state constitution of 1963 or who serve at the pleasure of their appointing authority.

(d) "Expenditures related to the performance of lobbying" and expenditures for lobbying includes all of the following expenditures of a lobbyist or lobbyist agent:

(i) A payment made on behalf of a public official for the purpose of influencing legislative or administrative action.

(ii) A payment made to influence legislative or administrative action.

(iii) Actual expenses for lobbying other than travel expenses, whether received in the form of an advance or subsequent reimbursement.

(iv) An expenditure for providing or using information, statistics, studies, or analysis in communicating directly with an official that would not have been incurred but for the activity of communicating directly.

(e) "Honorarium" means a payment for speaking at an event, participating in a panel or seminar, or engaging in any similar activity. Free admission, food, beverages, and similar nominal benefits provided to a public official at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and a reimbursement or advance for actual travel, meals, and necessary accommodations provided directly in connection with the event, are not payments.

(f) "Interested person" means a lobbyist, lobbyist agent, or other person upon whom a requested declaratory ruling is legally binding and whose course of action is directly affected by the ruling.

(g) "Petty cash transaction" means an expenditure of less than $5.00 for goods or services for which a receipt or proof of purchase is not normally available and was not obtained.

(h) "State level boards and commissions" means those boards and commissions of statewide jurisdiction which are established by statute or the state constitution of 1963.

(i) "Travel expense" means the cost of travel to visit and return from visiting a public official for the purpose of communicating with the public official, and the costs of meals and lodging away from home.

(2) A term defined in the act has the same meaning when used in these rules.

History

History: 1981 AACS.

Mich. Admin. Code R 4.412 Duties and prohibitions; commencement {#sec-r-4.412 omnilex-key=us-mi-regs-official--dept-state--R 4.412}

Rule 2. When a duty or prohibition is imposed upon a lobbyist or lobbyist agent by the act, that duty or prohibition extends to all employees of those persons who are, or should be, registered as a lobbyist or lobbyist agent under section 7 of the act and extends to all contacts by such persons with public officials. These duties and prohibitions commence as of the date a lobbyist or lobbyist agent contracts with or employs a lobbyist agent, or influences or attempts to influence a public official in a manner which shall or should be reflected on a report filed pursuant to section 8 of the act, or makes an expenditure which has a purpose of influencing legislative or administrative action.

History

History: 1981 AACS.

Mich. Admin. Code R 4.413 Declaratory rulings {#sec-r-4.413 omnilex-key=us-mi-regs-official--dept-state--R 4.413}

Rule 3. (1) The secretary of state, upon written request of an interested person, may issue a declaratory ruling as to the applicability of the act or these rules to an actual state of facts.

(2) A request for a declaratory ruling shall contain all of the following information:

(a) A clear, concise, and complete statement of the actual state of facts upon which a ruling may be based.

(b) A precise statement of the legal question or issue asked.

(3) If the interested person so desires, the person may submit with the request a brief or other reference to legal authorities upon which the person believes the declaratory ruling should be based.

(4) The secretary of state shall decline to issue a declaratory ruling in any of the following situations:

(a) The subject matter of a request is frivolous on its face.

(b) The statement of actual facts or issues contained in a request is indefinite, incomplete, or lacks specificity.

(c) The same, or substantially the same, course of action is under investigation or is, or has been, the subject of a current action, order, judgment, or decree initiated or obtained by the secretary of state, the attorney general, or a prosecuting attorney.

(5) If the secretary of state declines to issue a declaratory ruling, the interested person making the request shall be notified of the reason for the refusal.

(6) Each declaratory ruling issued shall contain a statement or findings of fact, a conclusion of law based on all legal authority upon which the department relies for its rulings, if any, and the ruling or determination made.

(7) Once issued, a ruling is binding on the department and shall not retroactively be changed, but nothing in this rule shall prohibit the department from prospectively changing a ruling.

History

History: 1981 AACS.

Mich. Admin. Code R 4.414 Interpretive statements {#sec-r-4.414 omnilex-key=us-mi-regs-official--dept-state--R 4.414}

Rule 4. (1) The secretary of state, upon written request of any person, may issue an interpretive statement relative to the act. After declining to issue a declaratory ruling, the secretary of state may issue an interpretive statement relative to any issue raised in a defective declaratory ruling request or any related issue.

(2) An interpretive statement issued pursuant to this rule is for information and explanatory purposes only and does not carry the force or effect of law.

PART 2. LOBBYISTS AND LOBBYIST AGENTS

History

History: 1981 AACS.

Mich. Admin. Code R 4.421 Lobbyists; expenditures for lobbying {#sec-r-4.421 omnilex-key=us-mi-regs-official--dept-state--R 4.421}

Rule 21. For the purpose of determining whether a person's expenditures for lobbying are more than $1,000.00 in value in any 12-month period, or are more than $250.00 in value in any 12-month period if expended on lobbying a single public official, the following expenditures shall be combined:

(a) Expenditures made on behalf of a public official for the purpose of influencing legislative or administrative action.

(b) Expenditures, other than travel expenses, incurred at the request or suggestion of a lobbyist agent or member of a lobbyist, or furnished for the assistance or use of a lobbyist agent or member of a lobbyist while engaged in lobbying.

(c) The compensation paid or payable to lobbyist agents, employees of the lobbyist, and members of a lobbyist for that portion of their time devoted to lobbying.

History

History: 1981 AACS.

Mich. Admin. Code R 4.422 Lobbyist agents; compensation and reimbursement for lobbying {#sec-r-4.422 omnilex-key=us-mi-regs-official--dept-state--R 4.422}

Rule 22. For the purpose of determining whether a person receives compensation or reimbursement for actual expenses, or both, in a combined amount in excess of $250.00 in any 12-month period for lobbying, the following compensation and reimbursement shall be combined:

(a) Reimbursement for expenditures made on behalf of a public official for the purpose of influencing legislative or administrative action.

(b) Reimbursement for expenditures, other than travel expenses, made to influence legislative or administrative action.

History

History: 1981 AACS.

Mich. Admin. Code R 4.423 Employer and employee lobbyist agents distinguished {#sec-r-4.423 omnilex-key=us-mi-regs-official--dept-state--R 4.423}

Rule 23. (1) A person retaining a person to communicate directly with a public official for the purpose of influencing or attempting to influence legislative or administrative action is a lobbyist if the retaining person's expenditures for lobbying exceed the amounts prescribed in section 5 of the act.

(2) A person retained by a person for the purpose of influencing or attempting to influence legislative or administrative action is a lobbyist agent if the retained person engages in lobbying and the retained person's compensation or reimbursement for lobbying exceeds the amount prescribed in section 5 of the act.

(3) An employee or agent of a person who qualifies as a lobbyist agent is a lobbyist agent if the employee or agent engages in lobbying and receives compensation or reimbursement for lobbying in excess of the amount prescribed in section 5 of the act.

History

History: 1981 AACS.

Mich. Admin. Code R 4.424 Lobbyists and lobbyist agents; state executive departments {#sec-r-4.424 omnilex-key=us-mi-regs-official--dept-state--R 4.424}

Rule 24. (1) A state executive department is a lobbyist as that term is defined in section 5 of the act.

(2) An employee of a state executive department, other than an official in the executive branch, is a lobbyist agent if the employee engages in lobbying on behalf of the department and his or her compensation or reimbursement for lobbying exceeds the amount prescribed in section 5 of the act.

History

History: 1981 AACS.

Mich. Admin. Code R 4.425 Lobbyists and lobbyist agents; state level boards and commissions {#sec-r-4.425 omnilex-key=us-mi-regs-official--dept-state--R 4.425}

Rule 25. (1) A state level board or commission is a lobbyist if the board or commission engages in lobbying or compensates or reimburses a lobbyist agent and if its expenditures for lobbying exceed the amounts prescribed in section 5 of the act.

(2) An appointed member of a state level board or commission which is a lobbyist is not a lobbyist agent merely because of membership on the board or commission. An appointed member of the board or commission is a lobbyist agent if the member engages in lobbying and his or her compensation or reimbursement for lobbying exceeds the amount prescribed in section 5 of the act.

PART 3. RECORDS

History

History: 1981 AACS.

Mich. Admin. Code R 4.431 Records; itemized accounts; accounting method; posting; allocation or proration {#sec-r-4.431 omnilex-key=us-mi-regs-official--dept-state--R 4.431}

Rule 31. (1) A lobbyist or a lobbyist agent may use any reasonable accounting method in maintaining the itemized accounts required by section 9 of the act. The method selected shall be utilized consistently and shall reasonably reflect the expenditures and financial transactions of the lobbyist and lobbyist agent during any given accounting period.

(2) If any expenditure is incurred wholly or partially in connection with lobbying, it shall be posted in the appropriate itemized account required by section 9 of the act after being incurred. An expenditure incurred partially in connection with lobbying may be allocated or prorated by any reasonable accounting method.

The accounting method used shall be described in detail in an attachment to the itemized account.

History

History: 1981 AACS.

Mich. Admin. Code R 4.432 Records; original source records; information {#sec-r-4.432 omnilex-key=us-mi-regs-official--dept-state--R 4.432}

Rule 32. The itemized accounts required by section 9(1) of the act shall be supported by original source records, including bills, receipts, books, papers, invoices, cancelled checks, and other documents, or an exact copy of the record. An original source record shall indicate all of the following information for each transaction except petty cash transactions:

(a) The name and address of the payee.

(b) The name and address and official position, if any, of the beneficiary of the payment if other than the payee, lobbyist, or lobbyist agent.

History

History: 1981 AACS.

Mich. Admin. Code R 4.433 Records; inspection by department {#sec-r-4.433 omnilex-key=us-mi-regs-official--dept-state--R 4.433}

Rule 33. (1) A lobbyist or lobbyist agent shall permit a department representative to inspect any record, including itemized accounts and original source records, in the possession of the lobbyist or lobbyist agent upon receipt of a written request for inspection which is received not less than 5 business days in advance of the time proposed for inspection. A department representative shall not inspect any record which is either confidential or privileged pursuant to law.

(2) An inspection shall take place during the regular business hours of a lobbyist or a lobbyist agent and shall occur at the office by the lobbyist or lobbyist agent, at a location deemed mutually convenient by a department representative and the lobbyist or lobbyist agent, or, if agreed to by the lobbyist or lobbyist agent, at a department office.

(3) The lobbyist or lobbyist agent shall permit a department representative to make a copy of any record inspected.

PART 4. REGISTRATIONS

History

History: 1981 AACS.

Mich. Admin. Code R 4.441 Registrations; format {#sec-r-4.441 omnilex-key=us-mi-regs-official--dept-state--R 4.441}

Rule 41. (1) A registration required to be filed by the act shall be filed in duplicate on a form prescribed or previously approved by the department. An attachment to a form shall be on a page of the same dimensions as the form prescribed by the department.

(2) An entry or statement on a registration shall be printed legibly in ink or typed.

(3) A person filing a registration other than an amended registration shall complete each item of information indicated on the form or shall clearly note that the item of information is not applicable to the filer. An item shall not be left blank and the department shall not accept or consider as filed a registration which is incomplete.

(4) If the lobbyist or lobbyist agent is an individual, the lobbyist or lobbyist agent shall sign the registration. If the lobbyist or lobbyist agent is not an individual, an authorized individual, on behalf of the lobbyist or lobbyist agent, shall sign the registration. The signature shall appear on the line indicated following the registration statement.

History

History: 1981 AACS.

Mich. Admin. Code R 4.442 Registrations; identification symbol {#sec-r-4.442 omnilex-key=us-mi-regs-official--dept-state--R 4.442}

Rule 42. Upon receipt of a registration from a lobbyist or lobbyist agent, the department shall assign an identification symbol to the lobbyist or lobbyist agent, acknowledge in writing receipt of the registration, and notify the lobbyist or lobbyist agent of the identification symbol. The identification symbol shall be entered by the lobbyist or lobbyist agent on each page of any report subsequently filed pursuant to section 8 of the act and on all communications with the department concerning registrations, statements, or reports.

History

History: 1981 AACS.

Mich. Admin. Code R 4.443 Registrations; late registration fees; computation and collection {#sec-r-4.443 omnilex-key=us-mi-regs-official--dept-state--R 4.443}

Rule 43. (1) If a registration is filed after the date due, the registration form shall be accepted by the department and considered filed as of the date accepted.

(2) The department shall compute a late fee concerning each late filing of a registration and shall give written notice to the filer of the amount of the late registration fee due and unpaid. The department may accept payment of the late registration fee.

(3) If payment of a late registration fee is not made within 30 days after written notice of the amount due is given to the filer, the department shall notify the department of treasury of the failure to make payment.

(4) A late registration fee accepted by the department shall be forwarded to the state treasurer for deposit to the credit of the general fund of the state.

History

History: 1981 AACS.

Mich. Admin. Code R 4.444 Registrations; terminations for persons who have not lobbied; terminations for persons who have lobbied {#sec-r-4.444 omnilex-key=us-mi-regs-official--dept-state--R 4.444}

Rule 44. (1) A person who has filed a lobbyist or lobbyist agent registration form pursuant to section 7 of the act, but who is not and has been a lobbyist or lobbyist agent since filing the registration form, may at any time terminate registration by filing a notice of termination.

(2) If a lobbyist files a notice of termination, the lobbyist may at the same time file any report required by section 7(4) of the act for the reporting period during which the termination notice was filed.

PART 5. STATEMENTS AND REPORTS

History

History: 1981 AACS.

Mich. Admin. Code R 4.451 Statements and reports; filing; format {#sec-r-4.451 omnilex-key=us-mi-regs-official--dept-state--R 4.451}

Rule 51. (1) A statement or report required under section 8 of the act shall be filed in duplicate on a form prescribed or previously approved by the department. An attachment to a form shall be on a page of the same dimensions as the form prescribed by the department.

(2) A statement on a report shall be printed legibly in ink or typed.

(3) A person filing a statement or report other than an amended statement or report shall complete each item of information indicated on the form or shall clearly note that the item is not applicable to the filer. An item shall not be left blank and the department shall not accept or consider as filed a statement or report which is incomplete.

(4) If the lobbyist or lobbyist agent is an individual, the lobbyist or lobbyist agent shall sign the statement or report. If the lobbyist or lobbyist agent is not an individual, an authorized individual, on behalf of the lobbyist or lobbyist agent, shall sign the statement or report. The signature shall appear on the line indicated.

History

History: 1981 AACS.

Mich. Admin. Code R 4.452 Statements and reports; late reporting fees; computation; collection {#sec-r-4.452 omnilex-key=us-mi-regs-official--dept-state--R 4.452}

Rule 52. (1) If a statement or report is filed after the date due, the statement or report shall be accepted by the department and considered filed as of the date accepted.

(2) The department shall compute a late fee concerning each late filing of a statement or report and shall give written notice to the filer of the amount of the late reporting fee due and unpaid. The department may accept payment of the late reporting fee.

(3) If payment of a late reporting fee is not made within 30 days after written notice of the amount due is given to the filer, the department shall notify the department of treasury of the failure to make payment.

(4) A late reporting fee accepted by the department shall be forwarded to the state treasurer for deposit to the credit of the general fund of the state.

History

History: 1981 AACS.

Mich. Admin. Code R 4.453 Statements and reports; late reporting fees; waiver {#sec-r-4.453 omnilex-key=us-mi-regs-official--dept-state--R 4.453}

Rule 53. (1) Upon receipt of a written request from a lobbyist or lobbyist agent for the waiver of payment of a late reporting fee which is accompanied by documentation sufficient to satisfy the department, the department may waive the payment of the late fee for good cause stated in the request.

(2) Good cause for failure to file a required statement or report and for waiver of a late reporting fee consists of any of the following reasons:

(a) Incapacitating physical illness, hospitalization, accident involvement, death, or incapacitation for medical reasons of a person required to file, a person whose participation is essential to the filing of a statement or report, or a member of the immediate family of these persons.

(b) Other unique, unintentional factors beyond the filer's control not stemming from a negligent act or non-action such that a reasonably prudent person would excuse the filing on a temporary basis. These factors include loss or unavailability of records due to fire, floods, theft, and similar reasons, and difficulties related to transmission of the filing to the department, such as exceptionally bad weather or strikes involving transportation systems.

(3) If the department determines to waive a late reporting fee, written notice of the waiver shall be conveyed to the filer.

History

History: 1981 AACS.

Mich. Admin. Code R 4.454 Statements and reports; extension of filing period {#sec-r-4.454 omnilex-key=us-mi-regs-official--dept-state--R 4.454}

Rule 54. (1) Upon receipt of a written request from a lobbyist or lobbyist agent for an extension of the date by which a statement or report is required to be filed, accompanied by documentation which is sufficient to satisfy the department, the department may approve the request and extend the period if the request states sufficient grounds for extension. An extension that is granted shall be for a period not to exceed the time necessary to accomplish filing, but shall not exceed 60 days.

(2) Sufficient grounds for extension of the date by which a statement or report is required to be filed consist of any of the following reasons:

(b) Other unique, unintentional factors beyond the filer's control not stemming from a negligent act or non-action such that a reasonably prudent person would extend the filing period on a limited basis. These factors include loss or unavailability of records due to fire, flood, theft, or similar reasons, and difficulties related to transmission of the filing to the department, such as exceptionally bad weather or strikes involving transportation systems.

History

History: 1981 AACS.

Mich. Admin. Code R 4.455 Statements and reports; employer lobbyist agent's reports {#sec-r-4.455 omnilex-key=us-mi-regs-official--dept-state--R 4.455}

Rule 55. An employer lobbyist agent shall report all expenditures incurred by an employee lobbyist agent of the employer in the report of the employer lobbyist agent.

An employee lobbyist agent employed by an employer lobbyist agent, regardless of whether the report of the employer lobbyist agent reflects the activities of the employee lobbyist agent under section 8(4) of the act, shall prepare and cause to be filed the statements and reports required by section 8 of the act.

R .456 Statements and reports; expenditures for food and beverage.

Rule 56. (1) A lobbyist or lobbyist agent filing a statement or report under section 8 of the act shall, in determining the total amount expended for the category termed food and beverage for public officials, report 1 amount reflecting all expenditures for food and beverage provided to public officials during a reporting period, regardless of amount.

(2) The itemized information required by section 8(2) of the act shall be reported in each applicable case.

History

History: 1981 AACS.
History: 1981 AACS.

Mich. Admin. Code R 4.457 Statements and reports; expenditures for advertising and mass mailings {#sec-r-4.457 omnilex-key=us-mi-regs-official--dept-state--R 4.457}

Rule 57. (1) A lobbyist or lobbyist agent filing a statement or report under section 8 of the act shall, in determining the total amount expended for the category termed advertising and mass mailing expenses, report 1 amount representing the total amount expended for all of the following subcategories of expenditure:

(a) Payments to a person for the writing or authoring of written, verbal, or visual materials, for acting, reading, producing, airing, or printing of materials designed to be disseminated, broadcasted, or otherwise transmitted to a public official to influence legislative or administrative action.

(b) Payments to a person for envelopes, postage, and handling of advertising materials disseminated by means of mass mailing, except that if the advertising materials are part of a larger publication the primary purpose of which is not to influence legislative or administrative action, a mass mailing expense shall not be reported.

(2) For the purpose of this rule, an allocated portion of compensation paid or payable to a person is includable for that portion of the person's compensated time as is devoted to advertising or mass mailing.

History

History: 1981 AACS.

Mich. Admin. Code R 4.458 Statements and reports; all other expenditures for lobbying {#sec-r-4.458 omnilex-key=us-mi-regs-official--dept-state--R 4.458}

Rule 58. A lobbyist or lobbyist agent filing a statement or report under section 8 of the act shall, in determining the total amount expended for the category termed all other expenditures for lobbying, report 1 amount representing the total amount expended for all of the following subcategories of expenditure:

(a) Expenditures made on behalf of a public official for the purpose of influencing legislative or administrative action.

(c) The compensation paid or payable to lobbyist agents and employees for that portion of their time devoted to lobbying.

History

History: 1981 AACS.

Mich. Admin. Code R 4.459 Statements and reports; summaries {#sec-r-4.459 omnilex-key=us-mi-regs-official--dept-state--R 4.459}

Rule 59. (1) The department shall publish 2 semiannual summaries and 1 combined annual summary of the statements and reports received from lobbyists and lobbyist agents under section 8 of the act.

(2) A summary shall include all of the following information for each lobbyist and lobbyist agent reporting for the reporting period covered:

(a) Name and office address.

(b) The name of each lobbyist agent compensated or reimbursed and the name of each lobbyist or lobbyist agent represented.

(d) A figure representing all expenditures for advertising and mass mailings.

(e) A figure representing all other reported expenditures for lobbying.

(f) A figure representing the total of all reportable financial transactions.

(g) An indication as to whether a notice of termination of lobbying activities has been filed.

PART 6. INSPECTIONS, INVESTIGATIONS, AND

SWORN COMPLAINTS

History

History: 1981 AACS.

Mich. Admin. Code R 4.461 Inspections and copying {#sec-r-4.461 omnilex-key=us-mi-regs-official--dept-state--R 4.461}

Rule 61. (1) Public inspection and copying of registrations, statements, and reports filed with and in the custody of the department shall take place during regular business hours in a department office designated by the secretary of state.

(2) A list of inspection and copying procedures and a schedule of charges for copying shall be posted in the department office where filings are available for public inspection.

History

History: 1981 AACS.

Mich. Admin. Code R 4.462 Reviews, investigations, and hearings {#sec-r-4.462 omnilex-key=us-mi-regs-official--dept-state--R 4.462}

Rule 62. (1) The department shall review each filed registration, statement, and report for accuracy and completeness and shall note where a report has not been filed after registration has occurred.

(2) When 30 days have expired after the date due for the filing of a registration, statement, or report and if a discovered error or omission is not corrected or a noted report is not made, the department may, in the absence of a satisfactory explanation for the error, omission, or failure, commence and conduct an investigation to determine if probable cause exists that a violation of the act has occurred.

(3) If, after completion of an investigation, a preliminary determination of probable cause is made, the department may conduct a hearing to officially determine if probable cause exists. The person alleged to have violated the act shall be notified of the time and place of the hearing and shall be given an opportunity to appear. The notice of hearing shall indicate that the person may appear in person or by counsel, may, but need not, give testimony, and may present records, documents, or exhibits relevant to the matter.

(4) If, following the hearing, the secretary of state determines that probable cause does not exist, the alleged violator shall be notified of that decision. If the secretary of state determines that probable cause does exist, the secretary of state shall forward the official record of the proceedings to the attorney general and shall notify the alleged violator of that action and the determination.

History

History: 1981 AACS.

Mich. Admin. Code R 4.463 Sworn complaints {#sec-r-4.463 omnilex-key=us-mi-regs-official--dept-state--R 4.463}

Rule 63. (1) A person who believes a violation of the act or these rules has occurred may, in person or by mail, file a sworn complaint with the secretary of state.

(2) A complaint shall be typewritten or handwritten in ink and shall indicate the complaint's name, address, and telephone number. The complaint shall include a verification statement worded exactly as follows: "I certify that the statements set forth above are true to the best of my knowledge, information, and belief." A complaint shall be signed by the complainant immediately following the verification statement.

(3) A complaint shall name the alleged violator, set forth the alleged violator's address, describe the alleged violation in reasonable detail, and identify all known evidentiary material.

(4) Upon receipt of a sworn complaint, the secretary of state shall determine whether the complaint is complete in all respects. If the complaint is complete, the secretary of state shall forward it to the attorney general and shall notify the complainant that it has been forwarded. If the complaint is incomplete, it shall be returned to the complainant with a written explanation as to how it is incomplete.

PART 7. GIFTS

History

History: 1981 AACS.

Mich. Admin. Code R 4.471 Rescinded {#sec-r-4.471 omnilex-key=us-mi-regs-official--dept-state--R 4.471}

History

History: 1981 AACS; 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.472 Rescinded {#sec-r-4.472 omnilex-key=us-mi-regs-official--dept-state--R 4.472}

History

History: 1981 AACS; 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.473 Rescinded {#sec-r-4.473 omnilex-key=us-mi-regs-official--dept-state--R 4.473}

History

History: 1981 AACS; 2025 MR 12, Eff. July 1, 2025.

R 168.841 to R 168.846 Board of State Canvassers Procedures

Mich. Admin. Code R 168.841 Definitions {#sec-r-168.841 omnilex-key=us-mi-regs-official--dept-state--R 168.841}

DEPARTMENT OF STATE

BOARD OF STATE CANVASSERS

PROCEDURES

(By authority conferred on the board of state canvassers by section 33 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(b) “Board” means the board of state canvassers.

(d) “Chairperson” means the individual elected as chairperson of the board pursuant to section 22d(3) of the act, MCL 168.22d, or the individual acting in the chairperson’s place.

(e) “Hearing” means any of the following:

(i) A hearing on the canvass of an initiative or referendum petition held pursuant to section 476 of the act, MCL 168.476.

(ii) A hearing on the canvass of a nominating petition held pursuant to section 552 of the act, MCL 168.552.

(iii) A hearing on the sufficiency and clarity of language in a recall petition held pursuant to section 951a of the act, MCL 168.951a.

(f) “Secretary of the board” means the director of elections appointed by the secretary of state, pursuant to section 32 of the act, MCL 168.32, or the secretary of the board’s designee.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.842 Service of process {#sec-r-168.842 omnilex-key=us-mi-regs-official--dept-state--R 168.842}

Rule 2. Legal process may be served on the secretary of the board who shall accept service of process for the board and for the individual members of the board acting in their official capacities.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.843 Location and communications {#sec-r-168.843 omnilex-key=us-mi-regs-official--dept-state--R 168.843}

Rule 3. (1) Any individual may request information concerning the board and its procedures by contacting the bureau.

(2) The bureau shall serve as the offices for the board.

(3) Communications with the office may be made between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays. All communications to the board must be directed to the following:

(a) Mailing address: Michigan Department of State Board of State Canvassers P.O. Box 20126 Lansing, Michigan 48901-07269 (b) Location:

Richard H. Austin Building, 1 st Floor 430 W. Allegan Lansing, Michigan, 48918 (c) Telephone Number: 800-292-5973 (d) Email address indicated on the board’s webpage on the department of state website.

(4) The secretary of the board may designate other locations and telephone numbers for communicating with the board.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.844 Hearings {#sec-r-168.844 omnilex-key=us-mi-regs-official--dept-state--R 168.844}

Rule 4. (1) The secretary of the board shall serve notice of any hearing to be held by the board by regular mail, telephone, or other electronic means no less than 2 days before the date of the hearing. The notice must include the hearing date, time, place, and reason for holding the hearing, and be served on either of the following individuals:

(a) The sponsor, and any opponent requesting notice, of an initiative or referendum petition.

(b) A candidate or any individual challenging the candidate’s nominating petition.

(2) An individual may appear at a hearing on the individual’s behalf, by an authorized representative, or by counsel, either in person or by remote participation, if available, and shall file a written appearance with the board on a form provided by the board.

(3) An individual served with a notice of hearing may file a written argument with the board and with the other parties, if any, at least 48 hours before the date of the hearing.

(4) If an individual properly served with a notice of hearing fails to appear for the hearing, the board, if no adjournment is granted, may proceed with the hearing and make its decision in the absence of the individual.

(5) The board may issue a subpoena upon its own initiative, at the written request of the secretary of the board, or at the written request of a party to the hearing.

(6) A hearing must be adjourned or continued only by order of the board.

(7) A request for an adjournment or continuance must be in writing and state the reason for the request.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.845 Conduct of public meetings and hearings of the board {#sec-r-168.845 omnilex-key=us-mi-regs-official--dept-state--R 168.845}

Rule 5. (1) Each individual wishing to do so shall be provided a reasonable opportunity to address the board on an agenda item, or an item not on the agenda if the individual makes a request to the board as described in R 168.843(3) before the public meeting or hearing is convened or to the chairperson before the conclusion of the public meeting or hearing.

(2) A group of 5 or more individuals wishing to address the board shall attempt to give advance notice to the chairperson of its intention to attend the public meeting or hearing so that an effort may be made to provide adequate space.

(3) If it is anticipated that more space will be necessary, the secretary of the board shall attempt to ensure that an overflow room or rooms are provided for the public meeting or hearing to ensure that public safety laws and regulations are followed. The overflow room or rooms must telecast live on television the proceedings of the public meeting or hearing, and individuals in the overflow room or rooms shall have access to the main room in case they are called upon to provide testimony.

(4) The chairperson shall do all of the following:

(a) Conduct the public participation portion of the public meeting or hearing in an orderly and decorous manner.

(b) Recognize each individual wishing to speak on a matter, within the time limits available.

(d) Allocate a specific time on the agenda for general public comments.

(e) Limit the number of individuals admitted to the meeting or hearing room if necessary to comply with public safety laws and regulations.

(f) Impose reasonable limitations on the time allotted for public comments.

(g) Inquire as to the interest or interests, if any, represented by an individual addressing the board at a public meeting or hearing.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.846 Submitting material to the board {#sec-r-168.846 omnilex-key=us-mi-regs-official--dept-state--R 168.846}

Rule 6. Members of the public shall submit material to the board at least 48 hours before the relevant board meeting. The board shall not consider material received after the 48-hour deadline.

History

History: 1997 AACS; 2025 MR 12, Eff. May 12, 2025.

R 4.501 to R 4.509 Gifts Under the Lobby Act

Mich. Admin. Code R 4.501 Definitions {#sec-r-4.501 omnilex-key=us-mi-regs-official--dept-state--R 4.501}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

GIFTS UNDER THE LOBBY ACT

(By authority conferred on the secretary of state by section 16 of 1978 PA 472, MCL 4.426)

Rule 1. (1) As used in these rules:

(a) “Act” means 1978 PA 472, MCL 4.411 to 4.431, also referred to as the “lobby act.”

(b) “Exchange” means the transfer of an item or service between a lobbyist and a public official.

(c) “Fair market value” means the value of the item or service on the open market available to any member of the public at the time the item or service is exchanged.

(d) “Gift limit” means the value set by section 4 of the act, MCL 4.414, as adjusted under section 19a of the act, MCL 4.429a, over which an item or service falls within the act’s definition of gift.

(e) “Honorarium” means a payment of money to a public official as consideration for an appearance, speech, article, or activity related to or associated with the performance of duties as a public official. An honorarium does not include any of the following:

(i) Reimbursement for the cost of transportation, accommodations, or meals for the public official.

(ii) Wages, salaries, other employee compensation, and expenses authorized to be paid by this state or a political subdivision of this state to the public official holding public office.

(iii) An award.

(f) “Item” means anything that could be considered a gift if valued above the gift limit set by the act, including an honorarium and other things that are not tangible objects.

(g) “Lobbyist” means a lobbyist, lobbyist agent, or representative of the lobbyist as defined in the act.

(h) “Primary market” means the market where the item or service is offered for sale by the rights holder or producer of the item or service.

(i) “Secondary market” means the market where the item or service is offered for sale by individuals or entities that are reselling the item or service.

(j) “Service” means any action that could be considered a gift if valued above the gift limit set by the act.

(2) A term defined in the act has the same meaning when used in these rules.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.502 Scope of gift prohibition {#sec-r-4.502 omnilex-key=us-mi-regs-official--dept-state--R 4.502}

Rule 2. A lobbyist may give a gift to an individual who is not a public official as defined in the act.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.503 Extension of credit {#sec-r-4.503 omnilex-key=us-mi-regs-official--dept-state--R 4.503}

Rule 3. The extension of credit to a public official by a business entity under the same terms as the credit is extended to the general public is not a gift or a loan.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.504 Reimbursement of value over the gift limit after exchange {#sec-r-4.504 omnilex-key=us-mi-regs-official--dept-state--R 4.504}

Rule 4. (1) A public official may not reimburse a lobbyist for the value of an item or service that is in excess of the gift limit in order to reduce the value of that item or service to avoid the prohibition on gifts in section 11 of the act, MCL 4.421.

(2) A promise by a public official to reimburse a lobbyist for the value of an item or service after the exchange is a loan, generally prohibited by section 11 of the act, MCL 4.421.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.505 Reimbursement of value over the gift limit at or before time of exchange {#sec-r-4.505 omnilex-key=us-mi-regs-official--dept-state--R 4.505}

Rule 5. A public official may not provide payment at or before the time of exchange for an item or service that is in excess of the gift limitation in order to reduce the value of that item or service to avoid the prohibition on gifts in section 11 of the act, MCL 4.421.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.506 Purchase of item or service at time of or before taking possession {#sec-r-4.506 omnilex-key=us-mi-regs-official--dept-state--R 4.506}

Rule 6. (1) A public official may pay consideration of equal or greater value to a lobbyist for the entire value of an item or service that exceeds the gift limit.

(2) When a public official pays consideration of equal or greater value for an item or service, the transaction is a purchase and is not prohibited under section 11 of the act, MCL 4.421.

(3) To determine whether a public official has paid consideration of equal or greater value for an item or service, the fair market value of the item must be considered.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.507 Services as consideration {#sec-r-4.507 omnilex-key=us-mi-regs-official--dept-state--R 4.507}

Rule 7. (1) A lobbyist may exchange an honorarium, items, or services with a public official without violating the gift prohibition in section 11 of the act, MCL 4.421, when the public official provides a service of equal or greater value in exchange and the honorarium, items, or services are related to the provision of the public official’s services.

(2) Honorarium and items related to provision of a service can include a payment of money, payment of the cost of food, lodging, travel, and the price of admission or registration for a conference or other event at which the public official is providing the service.

(3) Services that may be provided as consideration include, but are not limited to, an appearance, speech, article, participation in a panel or seminar, or a similar activity that is connected to public business or the performance of official duties.

(4) An honorarium, item, or service provided to a public official by a lobbyist that exceeds the gift limit is a prohibited gift within the meaning of section 11 of the act, MCL 4.421, unless it is clear from all of the surrounding circumstances that the service provided by the public official is of equal or greater value to the value of the honorarium, item, or service provided by the lobbyist.

(5) To determine whether the services provided by the public official are of equal or greater value than the value of the honorarium, item, or service provided to the public official, the fair market value of similar services must be considered.

(6) As used in this rule, service provided by a public official in exchange for an honorarium, item, or service from a lobbyist means the appearance, speech, article, participation, or any activity related to or associated with the performance of duties as a public official.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.508 How to determine fair market value {#sec-r-4.508 omnilex-key=us-mi-regs-official--dept-state--R 4.508}

Rule 8. (1) Fair market value must be determined on the basis of market prices on the day that the exchange is made. Price fluctuations that occur before or after the date of exchange do not impact the fair market value determination.

(2) The primary market must be used to determine the fair market value in all instances where the item or service is available on the primary market. If the item or service is not available on the primary market, the price available to the public on the secondary market must be used to value the item or service.

(3) The price available to the general public for the same item or service must be used as the fair market value.

(4) When the exact same item or service is not available on the primary or secondary market for purchase by the general public, the price of an item or service of similar type, quality, age, and quantity, to the extent each factor is relevant, determines the fair market value.

History

History: 2025 MR 12, Eff. July 1, 2025.

Mich. Admin. Code R 4.509 Burden of justifying fair market value determination {#sec-r-4.509 omnilex-key=us-mi-regs-official--dept-state--R 4.509}

Rule 9. (1) The lobbyist bears the burden of providing evidence of the fair market value assigned to an item or service.

(2) The lobbyist shall submit evidence supporting the fair market value determination relevant to any financial transaction required to be reported under section 8(1)(c) of the act, MCL 4.418.

History

History: 2025 MR 12, Eff. July 1, 2025.

Administrative Hearings Administrative Hearings

R 11.1 to R 11.9 Procedure for Conducting Hearings

Mich. Admin. Code R 11.1 Definitions {#sec-r-11.1 omnilex-key=us-mi-regs-official--dept-state--R 11.1}

DEPARTMENT OF STATE

BUREAU OF LEGAL SERVICES

PROCEDURE FOR CONDUCTING HEARINGS

(By authority of Act No. 197 of the Public Acts of 1952, as amended, being S24.101 et seq. of the Michigan Compiled Laws)

Rule 1. The term "secretary of state" as used in these rules shall be deemed to mean:

(a) The secretary of state or the deputy secretary of state.

(b) Any employee of the department of state charged by law with conducting hearings.

History

History: 1979 AC.

Mich. Admin. Code R 11.2 Notice of hearing {#sec-r-11.2 omnilex-key=us-mi-regs-official--dept-state--R 11.2}

Rule 2. Notification of any hearing before the secretary of state will be by registered mail, and will state the date, time, place, issues involved and reasons for holding said hearing. Such notice will be mailed at least 10 days prior to said hearing. Unless indicated otherwise, all hearings will be held in the office of the secretary of state, State Capitol, Lansing, Michigan.

History

History: 1979 AC.

Mich. Admin. Code R 11.3 Appearance {#sec-r-11.3 omnilex-key=us-mi-regs-official--dept-state--R 11.3}

Rule 3. When an appearance is made at a hearing, it shall be made either in person or by a duly authorized representative, or by counsel.

History

History: 1979 AC.

Mich. Admin. Code R 11.4 Answer; oral statement on charges; written briefs or arguments {#sec-r-11.4 omnilex-key=us-mi-regs-official--dept-state--R 11.4}

Rule 4. The person or persons who have been served with a notice of hearing may, at his option, file a written answer thereto prior to the date set for hearing, or at said hearing may appear and present an oral statement on the charges contained in the notice of hearing. When written briefs or arguments are presented, a copy shall be served upon the secretary of state and opposite parties at least 5 days prior to the date set for the hearing.

History

History: 1979 AC.

Mich. Admin. Code R 11.5 Failure to appear at hearing {#sec-r-11.5 omnilex-key=us-mi-regs-official--dept-state--R 11.5}

Rule 5. If the person or persons who have been previously served with a notice of hearing fail to appear at a noticed hearing, the secretary of state may proceed with a hearing of the cases brought before him and may, on the evidence presented, make his decision.

History

History: 1979 AC.

Mich. Admin. Code R 11.6 Statement of facts {#sec-r-11.6 omnilex-key=us-mi-regs-official--dept-state--R 11.6}

Rule 6. Any person who requests a hearing, shall submit in writing a full and accurate statement of facts upon which his request is made to the secretary of state and to all interested parties and such statement of facts shall be accepted in evidence.

History

History: 1979 AC.

Mich. Admin. Code R 11.7 Adjournment or continuance of hearing {#sec-r-11.7 omnilex-key=us-mi-regs-official--dept-state--R 11.7}

Rule 7. No hearing shall be adjourned or continued, except upon order of the secretary of state or his agent conducting the hearing. All motions and requests for an adjournment, or continuance, shall be accompanied by a statement of the reasons therefor. No motion or request for an adjournment or continuance will be considered unless same is filed with the secretary of state at least 5 days prior to the date assigned for the hearing, except that the secretary of state or his agent may accept such request during a hearing or may waive the 5-day notification if proper showing is made that for reasons not within the control of the person or parties making the motion or request, the motion or request could not be filed within such time limit.

History

History: 1979 AC.

Mich. Admin. Code R 11.8 Stipulations {#sec-r-11.8 omnilex-key=us-mi-regs-official--dept-state--R 11.8}

Rule 8. The parties to any hearing before the secretary of state, may, by stipulation in writing, filed with the secretary of state, agree upon the facts or any portion of the facts involved in the controversy, which stipulation shall be regarded and used as evidence on the hearing. Parties are requested to thus agree upon the facts whenever practicable.

History

History: 1979 AC.

Mich. Admin. Code R 11.9 Depositions {#sec-r-11.9 omnilex-key=us-mi-regs-official--dept-state--R 11.9}

Rule 9. Depositions shall only be taken upon written authority of the secretary of state when it appears to the secretary of state that it is impractical or impossible to otherwise obtain the evidence. Where depositions are permitted, they shall be taken according to the rules for taking depositions in civil cases in the state of Michigan, being Michigan Statutes Annotated, Section 27.854, et seq., with all parties given an opportunity to cross-examine the witness under oath.

History

History: 1979 AC.

Elections & Campaign Finance Elections & Campaign Finance

R 168.1 to R 168.6 Disqualification from Ballot Based Upon Contents of Affidavit of Identity

Mich. Admin. Code R 168.1 Definitions {#sec-r-168.1 omnilex-key=us-mi-regs-official--dept-state--R 168.1}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

DISQUALIFICATION FROM BALLOT BASED UPON CONTENTS OF

AFFIDAVIT OF IDENTITY

(By authority conferred on the secretary of state by section 31 of the Michigan election law, 1954 PA 116, MCL 168.31)

Rule 1. As used in these rules:

(a) “Affidavit of identity” or “affidavit” means the filing made under section 558 of the Michigan election law, 1954 PA 116, MCL 168.558.

(b) “Compliance statement” means the statement required by section 558(4) of the Michigan election law, 1954 PA 116, MCL 168.558, that the candidate does not owe any statements, reports, fines, or late filing fees.

(c) “Filing official” means the township, city, or county clerk, or the secretary of state with which the affidavit of identity is filed.

(d) “Notice of error or omission” means the notice issued under section 16(6) of the Michigan campaign finance act, 1976 PA 388, MCL 169.216.

History

History: 2022 AACS; 2025 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 168.2 Statement on the affidavit of identity regarding compliance with the campaign finance act {#sec-r-168.2 omnilex-key=us-mi-regs-official--dept-state--R 168.2}

Rule 2. (1) For the purposes of the candidate’s statement that as of the date of the affidavit, all statements, reports, late filing fees, and fines required of the candidate or any candidate committee organized to support the candidate's election under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or paid, an outstanding notice of error or omission is not a statement, report, late filing fee, or fine for the purposes of section 558(4) of the Michigan election law, 1954 PA 116, MCL 168.558.

A candidate with an outstanding notice of error or omission may be disqualified based on the unfiled or unpaid statement, report, late filing fees, or fines upon which the notice was based.

(2) When submitting an affidavit of identity, the candidate shall disclose every jurisdiction in the state of Michigan in which the candidate previously sought nomination or election. The candidate is not required to disclose a jurisdiction in which the candidate previously sought nomination or election if the only offices for which the candidate previously sought nomination or election in that jurisdiction are not offices for which candidates are required to file campaign finance statements under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282. A failure to disclose a jurisdiction or jurisdictions in which the candidate previously sought nomination or election shall not be a reason to disqualify a candidate from appearing on the ballot.

(3) The filing official shall examine the campaign finance records of the secretary of state and county clerk for any county in which the candidate previously sought nomination or election, if applicable, to determine whether the candidate made a false statement in the affidavit of identity.

(4) The filing official shall disqualify a candidate who falsely states that as of the date he or she signed the affidavit of identity, all statements, reports, late filing fees, and fines required of the candidate or any candidate committee organized to support the candidate's election under the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282, have been filed or paid. Candidates disqualified on this basis cannot reverse disqualification by filing a corrected affidavit.

(5) A candidate who files a statement of organization and does not request a reporting waiver is presumed to owe the campaign statement for the reporting period that includes the date the candidate committee was formed.

(6) A candidate who, as of the date he or she signed the affidavit of identity, has not responded to a notice of error or omission shall not be disqualified solely for that reason.

History

History: 2022 AACS.

Mich. Admin. Code R 168.3 Other information on the affidavit of identity {#sec-r-168.3 omnilex-key=us-mi-regs-official--dept-state--R 168.3}

Rule 3. (1) Subject to subrule (2) of this rule, a candidate who omits information required by section 558(2) of the Michigan election law, 1954 PA 116, MCL 168.558, may correct the omission by filing a new affidavit of identity up until the filing deadline elapses.

The filing official shall disqualify a candidate who fails to correct an omission by the filing deadline. For purposes of this subrule, omissions include, but are not limited to, blanks or incomplete information on the affidavit of identity, but do not include omissions on the compliance statement required by section 558(4) of the Michigan election law, 1954 PA 116, MCL 168.558.

(2) The filing official shall disqualify a candidate who provides false information as of the date the candidate signed the affidavit of identity regarding information required by section 558(2) of the Michigan election law, 1954 PA 116, MCL 168.558. Candidates disqualified on this basis cannot reverse disqualification by filing a corrected affidavit.

History

History: 2022 AACS.

Mich. Admin. Code R 168.4 Date of signing; notarization {#sec-r-168.4 omnilex-key=us-mi-regs-official--dept-state--R 168.4}

Rule 4. (1) The affidavit of identity must be signed, sworn to, and dated by the candidate. All information given and statements made by the candidate on the affidavit of identity must be true as of the date that the affidavit is signed.

(2) An affidavit of identity must be notarized in accordance with the Michigan law on notarial acts, 2003 PA 238, MCL 55.261 to 55.315.

History

History: 2022 AACS.

Mich. Admin. Code R 168.5 Affidavit of identity challenge {#sec-r-168.5 omnilex-key=us-mi-regs-official--dept-state--R 168.5}

Rule 5. (1) The filing official shall reject any challenge received more than 7 days after the deadline for the filing of the affidavit of identity.

(2) The filing official shall reject any challenge that is not in the form of a signed and notarized complaint.

History

History: 2025 AACS; 2026 MR 11, Eff. June 8, 2026.

Mich. Admin. Code R 168.6 Candidate response to challenge {#sec-r-168.6 omnilex-key=us-mi-regs-official--dept-state--R 168.6}

Rule 6. (1) The filing official shall render a decision without consideration of a candidate’s response to a challenge to the candidate’s affidavit of identity if the response is received more than 7 days after the candidate was provided with the challenge.

(2) The filing official shall decline to consider a response that is not signed.

History

History: 2025 AACS; 2026 MR 11, Eff. June 8, 2026.

R 168.21 to R 168.26 Signature Matching for Absent Voter Ballot Applications and Absent Voter Ballot Envelopes

Mich. Admin. Code R 168.21 Definitions {#sec-r-168.21 omnilex-key=us-mi-regs-official--dept-state--R 168.21}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

SIGNATURE MATCHING FOR ABSENT VOTER BALLOT

APPLICATIONS AND ABSENT VOTER BALLOT ENVELOPES

(By authority conferred on the secretary of state by sections 31, 759, 761, 765, and 765a of the Michigan election law, 1954 PA 116, MCL 168.31, 168.759, 168.761, 168.765, and 168.765a)

Rule 1. As used in these rules:

(a) “Election official” means the township, city, or county clerk or their staff responsible for verifying signatures.

(b) “Master card” means the master card document referenced in 761(2), 1954 PA 116, MCL 168.761, and 766(2), 1954 PA 116, MCL 168.766.

(d) “Signature on file” means the signature of the voter contained in the qualified voter file. If the qualified voter file does not contain the voter’s digitized signature, the signature of the voter contained on the master card is the signature on file. If an absent voter ballot application signature has been compared against the signature of the voter contained in the qualified voter file or on the master card and the absent voter ballot application signature has been determined to agree sufficiently with the signature of the voter contained in the qualified voter file or on the master card, the absent voter ballot application signature is also a “signature on file” for the purpose of this ruleset. Nothing in this ruleset shall be construed to allow an absent voter ballot application signature to be used to validate an absent voter ballot envelope signature unless the absent voter ballot application signature has been found to agree sufficiently with the signature of the voter contained in the qualified voter file or on the master card.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.22 Sufficient agreement of voter signature; voter contact by clerk {#sec-r-168.22 omnilex-key=us-mi-regs-official--dept-state--R 168.22}

Rule 2. (1) In determining for purposes of section 761(2) of the Michigan election law, 1954 PA 116, MCL 168.761, or for the purposes of 766(2), 1954 PA 116, MCL 168.766, whether a voter’s absent voter ballot application signature or absent voter ballot envelope signature agrees sufficiently with the voter’s signature on file, an election official may determine that a signature does not agree sufficiently with the signature on file only after reviewing the absent voter ballot application signature or absent voter ballot envelope signature using the process set forth in these rules.

(2) A voter’s signature should be considered invalid only if it differs in significant and obvious respects from the signature on file. Slight dissimilarities should be resolved in favor of the voter. Exact matches are not required to determine that a signature agrees sufficiently with the signature on file.

(3) If, after examining a voter’s absent voter ballot application signature or absent voter ballot envelope signature using the process set forth in these rules, an election official has genuine concerns about the signature’s validity, the election official may contact the voter to address those concerns prior to determining that a signature is not valid. Any efforts by the election official to contact a voter under this subsection is not notification for the purposes of R 168.25 that the absent voter ballot application signature or absent voter ballot envelope signature has been found not to agree sufficiently with the signature on file. An election official who is unable to determine that the absent voter ballot application signature or absent voter ballot envelope signature agrees sufficiently with the signature on file after contacting or attempting to contact the voter for clarification under this subsection is still bound by the notification timelines set forth in R 168.25.

Editor's Note: An obvious error in R 168.22 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2022 MR 24. The memorandum requesting the correction was published in Michigan Register, 2024 MR 14.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.23 Redeeming qualities {#sec-r-168.23 omnilex-key=us-mi-regs-official--dept-state--R 168.23}

Rule 3. (1) In determining whether an absent voter ballot application signature or absent voter ballot envelope signature agrees sufficiently with a signature on file, election officials shall consider whether any redeeming qualities are present. The bureau of elections shall provide examples of signatures with redeeming qualities and questionable signatures.

(2) Redeeming qualities include, but are not limited to, the following:

(a) Similar distinctive flourishes.

(b) More matching features than nonmatching features.

(d) Only part of the signature matches the signature on file, for example, if only the first letters of the first and last name match.

(e) Signature is partially printed but partially matches the signature on file.

(f) Signature is a recognized diminutive of the voter’s full legal name.

(g) Signature omits a middle name, replaces a middle name with an initial, or replaces a middle initial with a name.

(h) Signature style has changed slightly from signature on file.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.24 Explanations for differences in signatures {#sec-r-168.24 omnilex-key=us-mi-regs-official--dept-state--R 168.24}

Rule 4. (1) Elections officials shall consider the following as possible explanations for the discrepancies in signatures:

(a) Evidence of trembling or shaking in a signature could be health-related or the result of aging.

(b) The voter may have used a diminutive of their full legal name, including, but not limited to, the use of initials, or the rearrangement of components of their full legal name, such as a reversal of first and last names, use of a middle name in place of a first name, or omitting a second last name.

(d) The signature may have been written in haste.

(e) The surface of the location where the signature was made may have been rough, soft, uneven, or unstable.

(2) In addition to the characteristics listed in R 168.23(2)(f) and (g), the elections official may also consider factors applicable to a particular voter, such as the age of the voter, the age of the signature or signatures contained in the voter’s record, the possibility that the voter is disabled, the voter’s primary language, and the quality of any digitized signature or signatures contained in the voter’s record, and any other plausible reason given by the voter that satisfies the clerk when following up on a questionable signature.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.25 Timing of signature review and notification {#sec-r-168.25 omnilex-key=us-mi-regs-official--dept-state--R 168.25}

Rule 5. (1) If the absent voter ballot application or the absent voter ballot envelope is received at least 6 calendar days prior to the election, the clerk must notify the voter of issues with the voter’s signature by the end of the next business day following receipt of the application or ballot envelope.

(2) If the absent voter ballot application or the absent voter ballot envelope is received less than 5 calendar days prior to the election, an election official must review that absent voter ballot application or absent voter ballot envelope by the end of the calendar day on which the absent voter ballot application or absent voter ballot envelope was received by the clerk. If the election official determines that the voter’s signature on the absent voter ballot application or absent voter ballot envelope does not agree sufficiently with the signature on file, the election official must contact the voter by the end of the calendar day on which the absent voter ballot application or absent voter ballot envelope was received by the clerk.

(3) If the absent voter ballot application or the absent voter ballot envelope is received by the clerk by 8 p.m. on the calendar day prior to an election, an election official must review the absent voter ballot application or absent voter ballot envelope before the end of the calendar day prior to the election. If the election official determines that the voter’s signature on the absent voter ballot application or absent voter ballot envelope does not agree sufficiently with the signature on file, the election official must contact the voter by the end of the calendar day prior to the election.

(4) For the purposes of this rule, if the absent voter ballot application or absent voter ballot envelope comes into the physical control of the clerk’s office before or during the clerk’s scheduled business hours, that absent voter ballot application or absent voter ballot envelope is considered to have been received by the clerk on the day of submission. If an absent voter ballot application or absent voter ballot envelope comes into the physical control of the clerk’s office after the end of the clerk’s scheduled business hours, or if the absent voter ballot application or absent voter ballot envelope comes into the physical control of the clerk’s office on a day on which the clerk does not have scheduled business hours, that absent voter ballot application or absent voter ballot envelope is considered to have been received on the first subsequent day during which the clerk has scheduled business hours.

(5) If a clerk’s jurisdiction maintains one or more absent voter ballot application or absent voter ballot envelope drop boxes, each drop box must be checked by an election official for any absent voter ballot applications or absent voter ballot envelopes that have been deposited prior to the end of the clerk’s scheduled business hours on every day during which the clerk has scheduled business hours. The election official checking the drop box must retrieve each absent voter ballot application or absent voter ballot envelope contained in the drop box at that time. Each absent voter ballot application or absent voter ballot envelope retrieved at that time is considered to have been received by the clerk on that day. An absent voter ballot application or absent voter ballot envelope deposited in those drop boxes on a day during which the clerk does not have scheduled business hours will not be considered to have been received by the clerk until the next day on which the clerk has scheduled business hours.

(6) An absent voter ballot envelope that is collected by an election official through the procedure laid out in 764b(4) or (5), 1954 PA 116, MCL 168.764b, shall be considered received when the election official comes into physical possession of the ballot envelope.

(7) Nothing in this rule shall prevent an election official from providing notification more quickly than mandated by this rule to a voter that the voter’s absent voter ballot application signature or absent voter ballot envelope signature has been determined not to agree sufficiently with the signature on file.

(8) If the absent voter ballot application or the absent voter ballot envelope is missing the voter’s signature, or if the clerk determines that the voter’s signature on the absent voter ballot application or on the absent voter ballot envelope does not agree sufficiently with the voter’s signature on file, the clerk shall inform the voter using any and all contact information available that their absent voter ballot application or their absent voter ballot envelope is missing a signature or has a non-matching signature, and the need to cure the signature deficiency. The clerk must notify the voter by phone and email, and, in the absence of the voter’s email address, by United States mail.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.26 Curing signature deficiencies {#sec-r-168.26 omnilex-key=us-mi-regs-official--dept-state--R 168.26}

Rule 6. (1) Any of the following methods may be used to cure a missing or mismatched signature:

(a) A voter may provide a signature on the absent voter ballot application or ballot envelope with the missing or mismatched signature;

(b) A voter may complete and submit a signature cure form prescribed by the Secretary of State; or (c) A voter may follow another form or method of curing a missing or mismatched signature as specified by the election official on their website or in the election official’s office.

(2) A voter may cure a missing or mismatched signature up until the close of polls on Election Day.

(3) If a request if made by a voter, an election official may facilitate the cure of a missing or mismatched signature by making arrangements to (a) collect a cure form; or (b) provide the absent voter ballot application or absent voter ballot envelope missing a signature to the voter so that the voter might sign the absent voter ballot application or absent voter ballot envelope.

History

History: 2022 MR 24, Eff. December 19, 2022.

R 168.31 to R 168.35 Online Absent Voter Ballot Application

Mich. Admin. Code R 168.31 Definitions {#sec-r-168.31 omnilex-key=us-mi-regs-official--dept-state--R 168.31}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

ONLINE ABSENT VOTER BALLOT APPLICATION

(By authority conferred on the secretary of state by section 31 of the Michigan election law, 1954 PA 116, MCL 168.31)

Rule 1. As used in these rules:

(a) “Absent voter ballot application” means the paper application developed by the secretary of state or the online application described in R. 168.32.

(b) “Jurisdiction” means the city or township in which the voter is registered.

(d) “Qualified Voter File” means the voter registration database maintained by the secretary of state.

(e) “Stored digital signature” means the image of the registered voter’s signature captured by the department of state and maintained in the department of state’s motor vehicle database.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.32 Maintenance of online absent voter ballot application; form {#sec-r-168.32 omnilex-key=us-mi-regs-official--dept-state--R 168.32}

Rule 2. (1) The secretary of state shall maintain an online absent voter ballot application.

(2) This online absent voter ballot application must provide an option that allows qualified and registered voters to request an absentee ballot for an election occurring in their jurisdiction.

(3) The online absent voter ballot application must be in substantially the same form as the absent voter ballot application developed by the secretary of state under section 759 of the Michigan election law, 1954 PA 116, MCL 168.759.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.33 Use of digital signature on online absent voter ballot applications {#sec-r-168.33 omnilex-key=us-mi-regs-official--dept-state--R 168.33}

Rule 3. (1) The online absent voter ballot application must provide an opportunity for a voter to use the voter’s stored digital signature on file with the secretary of state on the application.

(2) In order to allow a voter to use the voter’s stored digital signature, the online absent voter ballot application must verify the voter’s identity and registration status by requesting the voter’s name, complete driver’s license or state ID number, full date of birth, last four digits of the voter’s social security number, and eye color.

(3) For registered voters whose stored digital signature is on file with the secretary of state, the online absent voter ballot application must be signed with that stored digital signature.

(4) Registered voters without a stored digital signature on file with the secretary of state may provide a manual digital signature by uploading a photograph of their physical handwritten signature to the online absent voter ballot application.

(5) Completed online absent voter ballot applications, including digital signature, must be sent electronically through the Qualified Voter File to the city or township clerk for processing. An application signed using a stored digital signature or manual signature must be treated identically as an application signed with a physical handwritten signature.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.34 Processing online absent voter ballot application {#sec-r-168.34 omnilex-key=us-mi-regs-official--dept-state--R 168.34}

Rule 4. The clerk of a city or township shall process online absent voter ballot applications in the same manner as all absent voter ballot applications submitted by a voter pursuant to section 759 or 759a of the Michigan election law, 1954 PA 116, MCL 168.759 or 168.759a.

History

History: 2022 MR 24, Eff. December 19, 2022.

Mich. Admin. Code R 168.35 Prohibited conduct {#sec-r-168.35 omnilex-key=us-mi-regs-official--dept-state--R 168.35}

Rule 5. Online absent voter ballot applications are subject to the same prohibitions governing completion and submission of all absent voter ballot applications.

History

History: 2022 MR 24, Eff. December 19, 2022.

R 168.41 to R 168.48 Use of Electronic Pollbook

Mich. Admin. Code R 168.41 Definitions {#sec-r-168.41 omnilex-key=us-mi-regs-official--dept-state--R 168.41}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

USE OF ELECTRONIC POLLBOOK

(By authority conferred on the secretary of state by section 31 of the Michigan election law, 1954 PA 116, MCL 168.31)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(b) “Approved form of transmission” means an encrypted or password protected, or both, flash drive or other electronic media used to store election files and transfer files between the electronic pollbook and qualified voter file, or another form of secure storage and transmission if approved by the bureau of elections.

(d) “Electronic pollbook” means computer software that receives information from the qualified voter file and is used during elections to process voters and generate reports.

Electronic pollbook includes, but is not limited to, the early voting electronic pollbook, the election day vote center electronic pollbook, and the election day electronic pollbook, or any combination of those electronic pollbooks.

(e) “Secretary of state’s duly authorized agent” includes bureau of elections staff, other necessary department staff, county, city, and township clerks or their designees, election inspectors, and relevant department of technology, management, and budget staff as determined by the director of elections.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.42 Access to electronic pollbook data and software {#sec-r-168.42 omnilex-key=us-mi-regs-official--dept-state--R 168.42}

Rule 2. (1) The voter data contained in the electronic pollbook are public records subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. Voter data that is exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, must not be released.

(2) Records regarding electronic pollbook software programming are confidential and must not be released if disclosure of the records may compromise the confidentiality, integrity, or availability of cybersecurity of election information systems.

(3) The secretary of state’s duly authorized agents shall have access to the electronic pollbook software and complete the security verification required by the department to access the electronic pollbook software.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.43 Download and backup {#sec-r-168.43 omnilex-key=us-mi-regs-official--dept-state--R 168.43}

Rule 3. (1) For the early voting period, if a jurisdiction conducts early voting, the clerk designated in the early voting agreement shall access the early voting electronic pollbook software as instructed by the department.

(2) For election day, the clerk conducting the election shall download the electronic pollbook software as instructed by the department.

(3) If the electronic pollbook software as described in section 668b(1) of the act, MCL 168.668b, has a secure live connection to the qualified voter file software at a polling place or early voting site, the electronic pollbook software with the secure live connection must be used to process voters and to generate election precinct reports, and the downloaded electronic pollbook software, or a paper copy of the downloaded electronic pollbook software, serves as a backup.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.44 Electronic pollbook during the early voting period {#sec-r-168.44 omnilex-key=us-mi-regs-official--dept-state--R 168.44}

Rule 4. (1) If an early voting site has internet access, the electronic pollbook software used during the early voting period must have a secure live connection to the qualified voter file software to allow real-time updates to voter history and ballot issuance.

(2) At the conclusion of each day of early voting, election inspectors at an early voting site shall print from the electronic pollbook a list of voters who voted that day at the early voting site and include the list in the physical pollbook.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.45 Electronic pollbook on election day {#sec-r-168.45 omnilex-key=us-mi-regs-official--dept-state--R 168.45}

Rule 5. If a polling place has internet access and the bureau of elections has established live connectivity functionality with the qualified voter file, the electronic pollbook software used on election day must have a secure live connection to the qualified voter file software to allow real-time updates to voter history and ballot issuance.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.46 Production of reports {#sec-r-168.46 omnilex-key=us-mi-regs-official--dept-state--R 168.46}

Rule 6. (1) If the polling place produces required reports after the close of polls on election day, election inspectors at the polling place shall print from the electronic pollbook the required reports and include the reports in the physical pollbook.

(2) If the receiving board produces reports after the close of polls on election day, election inspectors shall download the required reports to the approved form of transmission, seal it in a transfer case, and 2 election inspectors representing each of the major political parties shall deliver it to the receiving board. The receiving board shall print from the approved form of transmission the required reports for the election day polling place, early voting site, or vote center and include the list in the physical pollbook.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.47 Upload of electronic pollbook files to the qualified voter file {#sec-r-168.47 omnilex-key=us-mi-regs-official--dept-state--R 168.47}

Rule 7. If the electronic pollbook is not connected via secure live connection to the qualified voter file while voting takes place, within 7 days after an election, the clerk responsible for administering the election shall upload the voting history and other required files from the electronic pollbook to the qualified voter file using the approved form of transmission.

History

History: 2025 MR 20, Eff. October 23, 2025.

Mich. Admin. Code R 168.48 Data retention {#sec-r-168.48 omnilex-key=us-mi-regs-official--dept-state--R 168.48}

Rule 8. (1) Subject to subrule (2) of this rule, the electronic pollbook software and associated files must be deleted from all devices by the seventh day following the final canvass and certification of the election, unless a petition for recount has been filed and the recount has not been completed, a post-election audit has been scheduled, or the deletion of the data has been stayed by an order of the court or the secretary of state. If a precinct is selected for an audit, the electronic pollbook software and associated files must be deleted from all devices by the seventh day following completion of the audit.

(2) The electronic pollbook software and associated files must not be deleted from devices until the bureau of elections or county clerk, as applicable, issues the release of security memorandum pertaining to that election.

History

History: 2025 MR 20, Eff. October 23, 2025.

R 168.101 to R 168.114 Electronic Return of Absent Voter Ballots by Eligible Voters

Mich. Admin. Code R 168.101 Definitions {#sec-r-168.101 omnilex-key=us-mi-regs-official--dept-state--R 168.101}

DEPARTMENT OF STATE

ELECTIONS & CAMPAIGN FINANCE

ELECTRONIC RETURN OF ABSENT VOTER BALLOTS BY ELIGIBLE

VOTERS

(By authority conferred on the secretary of state by section 759a of the Michigan election law, 1954 PA 116, MCL 168.759a)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(b) “Clerk” means a city or township clerk, the clerk’s deputy clerk, or a sworn member of the clerk’s staff, including appointed election inspectors, assisting with the electronic return program.

(c) “Data” means verifying information about the voter’s identity, the voted ballot, timestamps, notifications sent from the portal, and other records or information.

(d) “Department” means the department of state.

(e) “Electronic return identity verification” means the United States Department of Defense verified electronic signature as defined in section 18a of the act, MCL 168.18a, or other forms of identity verification authorized by statute or court order for purposes of electronic return.

(f) “Electronic return program” means use of the portal by voters to either only electronically receive ballots or to both electronically receive ballots and electronically return voted ballots.

(g) “Eligible voter” means “eligible member” as defined in section 759a of the act, MCL 168.759a, and other individuals authorized by statute or court order to electronically return a voted ballot.

(h) “Portal” means the secure online system used to electronically send ballots, ballot instructions, and required certification to a voter, and to electronically return to the clerk voted ballots and signed certifications from eligible voters.

(i) “Secretary of state’s duly authorized agent” includes the bureau of elections, other necessary department staff, county clerks or the county clerk’s designees, and relevant department of technology, management, and budget staff as determined by the director of elections.

(j) “UOCAVA voter” means an absent uniformed services voter or overseas voter who receives specified registration and absentee voting protections under the uniformed and overseas citizens absentee voting act, Public Law 99-410; the military and overseas voter empowerment act, Public Law 111-84 ; and corresponding state law provisions under the act.

(k) “Verified user” means a clerk or a clerk’s designee responsible for electronically delivering ballots and receiving ballots through the portal, an authorized agent of the secretary of state, or a voter authorized to electronically receive or electronically receive and return a ballot by law.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.102 Electronic delivery of ballots {#sec-r-168.102 omnilex-key=us-mi-regs-official--dept-state--R 168.102}

Rule 2. (1) Ballots must be transmitted through the portal to all eligible voters requesting to receive their ballot electronically.

(2) The portal may allow for delivery of ballots electronically to UOCAVA voters who are ineligible to return their ballots electronically but who request electronic delivery.

(3) Unless a different delivery preference is indicated, a voter who provides their email address on their absentee ballot application is presumed to request electronic delivery.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.103 Clerk and administrator access to portal and identity verification {#sec-r-168.103 omnilex-key=us-mi-regs-official--dept-state--R 168.103}

Rule 3. (1) Clerks who have voters that may access the portal shall also have access to the portal and complete the security verification required by the department to enter the portal.

(2) The secretary of state’s duly authorized agents shall have access to the portal and complete the security verification required by the department to enter the portal.

(3) The secretary of state’s duly authorized agents may allow access to the portal’s vendor, as specified by the executed contract.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.104 Clerk responsibility to deliver ballots {#sec-r-168.104 omnilex-key=us-mi-regs-official--dept-state--R 168.104}

Rule 4. (1) All ballots must be transmitted not less than 45 days before an election through the portal to every eligible voter who requested electronic delivery of their ballot.

(2) All ballots must be transmitted not less than 45 days before an election through the portal to every UOCAVA voter who is able to receive a ballot through the portal and requested electronic delivery of their ballot.

(3) If the clerk does not electronically transmit the ballots to every voter identified under subrules (1) and (2) of this rule not less than 45 days before an election, the bureau of elections shall contact the clerk and may designate an authorized agent of the secretary of state to transmit the ballot to the voter.

(4) The reporting requirements under section 759a of the act, MCL 168.759a, apply to ballots that are electronically transmitted to voters using the portal.

(5) Delivery of ballots to additional voters authorized under a future statutory change or court order is governed by the authorizing legal authority.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.105 Participation in electronic return {#sec-r-168.105 omnilex-key=us-mi-regs-official--dept-state--R 168.105}

Rule 5. (1) To participate in the electronic return program, an eligible voter shall elect to electronically receive their ballot and sign the voter application so the eligible voter’s identity can be verified, as provided below:

(a) If the eligible voter is using the federal post card application, include the electronic return identity verification as indicated in the state-specific instructions.

(b) If the eligible voter is using the Michigan absent voter ballot application, include the electronic return identity verification as indicated on the application.

(c) If the eligible voter does not sign their absentee voter ballot application with their electronic return identity verification, they may still participate in the electronic return program if the electronic return identity verification is provided to the clerk not later than 2 p.m. on the Saturday before the election, as specified in section 759a(10) of the act, MCL 168.759a.

(d) As authorized under a future statutory change or court order.

(2) An eligible voter shall make this request annually.

(3) The waiver of the constitutional right to a secret ballot contemplated by section 759a(8) of the act, MCL 168.759a, applies to voters who participate in the electronic return program to the extent that the secrecy of the absent voter ballot may be compromised during the duplication process.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.106 Voter access to the portal; electronic return of ballot {#sec-r-168.106 omnilex-key=us-mi-regs-official--dept-state--R 168.106}

Rule 6. (1) All eligible voters who have elected to electronically receive their ballot are able to access the portal when their ballot is available and shall receive an electronic notification when their ballot is ready.

(2) UOCAVA voters who are not eligible voters but receive their ballot electronically through the portal shall receive an electronic notification when their ballot is ready and are instructed to print their ballot and return it by mail.

(3) Eligible voters are instructed to vote their ballot in the portal and electronically return the ballot. To electronically return a voted ballot, the eligible voter shall sign the certification with their electronic return identity verification.

(4) Eligible voters shall receive electronic notifications from the portal reminding them to vote their ballot and return it before the close of polls in the time zone where they are registered to vote.

(5) Eligible voters shall return their ballot through the portal by the close of polls in the time zone where they are registered to vote for their ballot to be considered timely received.

(6) Eligible voters shall receive electronic notifications from the portal after the occurrence of any of the events in section 764c(2) of the act, MCL 168.764c, in satisfaction of that section’s requirements.

(7) Other voters who become eligible under a future statutory change or court order are instructed to submit required electronic return identity verification on the certification to electronically return their ballot according to the law and receive all required electronic notifications.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.107 Voter identity verification for electronic return program {#sec-r-168.107 omnilex-key=us-mi-regs-official--dept-state--R 168.107}

Rule 7. (1) The identity of an eligible voter is verified at the following times:

(a) When the eligible voter completes and submits an absent voter ballot application.

The absent voter ballot application includes both the eligible voter’s signature on file and the eligible voter’s electronic return identity verification. When the eligible voter is an eligible member, the electronic return identity verification included is the eligible voter’s United States Department of Defense verified electronic signature.

(b) When the eligible voter completes the certification that is submitted with their voted ballot to electronically return the ballot. The certification is completed by attaching the eligible voter’s electronic return identity verification.

(2) The identity of any additional voters who participate in the electronic return program under a future statutory change or court order must be verified as required by law.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.108 Clerk verification of voter identity on electronically returned ballots; processing of electronically returned ballots {#sec-r-168.108 omnilex-key=us-mi-regs-official--dept-state--R 168.108}

Rule 8. (1) The clerk shall comply with absent voter ballot return timelines and procedures set forth by sections 765 and 765a of the act, MCL 168.765 and 168.765a, as much as practicable, and do a final check for returned ballots in the portal at 8 p.m. on Election Day.

(2) The electronic return identity verification on the certification included with an electronically returned ballot is substituted for the signature on an absent voter ballot return envelope.

(3) The clerk shall examine the electronic return identity verification included on the certification and verify that the electronic return identity verification matches the electronic return identity verification on the voter’s absent voter ballot application or other record as provided under R 168.105(1)(c).

(4) If the electronic return identity verification does not match, the clerk shall reject the ballot, notify the voter, and provide instructions on how to cure, following as near as is practicable the provisions of section 766a of the act, MCL 168.766a.

(5) If the electronic return identity verification is verified by matching it to the electronic return identity verification submitted on the voter’s absent voter ballot application or other record on file in the clerk’s office, the clerk shall accept the ballot.

(6) Accepted ballots must be tabulated as provided under section 759a(7) of the act, MCL 168.759a.

(7) Normal ballot storage and retention procedures apply.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.109 Confidential voter information {#sec-r-168.109 omnilex-key=us-mi-regs-official--dept-state--R 168.109}

Rule 9. In the same manner as information protected under section 509gg of the act, MCL 168.509gg, and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, the clerk shall maintain the confidentiality of a voter’s United States Department of Defense verified electronic signature by taking all reasonable steps to prevent its disclosure.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.110 Data retention {#sec-r-168.110 omnilex-key=us-mi-regs-official--dept-state--R 168.110}

Rule 10. All data in the portal is retained, to the extent required by law, in accordance with this state’s records retention and disposal schedule.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.111 Public inspection of portal prohibited {#sec-r-168.111 omnilex-key=us-mi-regs-official--dept-state--R 168.111}

Rule 11. (1) Except as provided in subrule (3) of this rule, only verified users of the portal may view the portal and any data in the portal.

(2) Except as provided in subrule (3) of this rule, verified users shall not provide access to the portal or any of its data to another individual who is not a verified user.

(3) As used in this rule, any individual assisting an eligible voter who requires assistance to vote their ballot as allowed under section 764a of the act, MCL 168.764a, may access and view the portal as necessary to assist the voter.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.112 Absent voter procedures {#sec-r-168.112 omnilex-key=us-mi-regs-official--dept-state--R 168.112}

Rule 12. Except where superseded by these rules, the procedures provided for absent voters in the act also apply to absent voters who participate in the electronic return program.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.113 Portal administration {#sec-r-168.113 omnilex-key=us-mi-regs-official--dept-state--R 168.113}

Rule 13. The department shall maintain the portal for electronic return of absent voter ballots by eligible voters and utilize security features determined appropriate by the secretary of state or the department of technology, management, and budget to prevent unauthorized access to data or information and to ensure that a user attempting to access the portal is an individual.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

Mich. Admin. Code R 168.114 Construction {#sec-r-168.114 omnilex-key=us-mi-regs-official--dept-state--R 168.114}

Rule 14. These rules must be liberally construed in favor of voters’ rights and not be read to limit participation in the electronic return program if access to additional voters is authorized by future statute or court order.

History

History: 2025 MR 18, Eff. Sept. 11, 2025.

R 168.201 to R 168.220 Election Challengers and Poll Watchers

Mich. Admin. Code R 168.201 Definitions {#sec-r-168.201 omnilex-key=us-mi-regs-official--dept-state--R 168.201}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

ELECTION CHALLENGERS AND POLL WATCHERS

(By authority conferred on the secretary of state by section 31 of the Michigan election law, 1954 PA 116, MCL 168.31)

Rule 1. (1) As used in these rules:

(a) “Absent voter ballot processing facility” means the location where a single absent voter counting board, multiple absent voter counting boards, a single combined absent voter counting board, or multiple combined absent voter counting boards are conducted.

Absent voter ballot processing facilities do not include a clerk’s office or other locations where absent voter ballots are stored, signatures appearing on absent voter ballot envelopes are checked, or other election-related activities are conducted before absent voter ballots being removed from absent voter ballot envelopes and prepared for tabulation.

(b) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(c) “Challenge” means a challenge made by a challenger credentialed by a credentialing organization. For the purposes of these rules, a challenged ballot issued to a voter for a reason other than a challenge made by a challenger is not a challenge and does not require any of the reporting or other requirements created by a challenge made by a credentialed challenger.

(d) “Challenger” means an individual credentialed as the representative of a credentialing organization to observe election-related activities at an early voting site, a polling place on Election Day, an absent voter ballot processing facility, or a clerk’s office at any time the applicable location is open to the public. An individual shall not serve as a challenger if the individual is serving as an election inspector or individual is running for nomination or election at the same election, except that candidates for precinct delegate can serve as challengers so long as the candidates do not serve at the precinct where the candidates are running for office.

(e) “Clerk’s office” means any location where a clerk or an employee of the clerk is issuing absent voter ballots to voters who appear in person and accepting completed absent voter ballots from voters who appear in person. This definition includes satellite offices or other locations established on a temporary or permanent basis to issue absent voter ballots to voters appearing in person or receive absent voter ballots from voters appearing in person.

(f) “Combined absent voter counting board” is an absent voter counting board established under section 764d(1) of the act, MCL 168.764d, or an absent voter counting board established to process each ballot form containing identical offices and names in a jurisdiction with more than 250 precincts under section 569a(2) of the act, MCL 168.569a.

(g) “Credential card” is the card required to be included in an application to become a credentialing organization under section 731(1) of the act, MCL 168.731, and the authority required to be signed by the individual identified under section 732 of the act, MCL 168.732. The authority must be in a form prescribed by the secretary of state and be known as the Michigan challenger credential card.

(h) “Credentialing organization” means an organization that is eligible to appoint and credential challengers in this state. A credentialing organization is an entity described in section 730 of the act, MCL 168.730. A credentialing organization other than a political party committee shall have satisfied the requirements of section 731 of the act, MCL 168.731.

(i) “Election staff” includes the clerk of a jurisdiction, employees and authorized assistants of that clerk, the secretary of state, any member of the secretary of state staff, the director of elections, and any member of the bureau of elections staff.

(j) “Pollbook” refers to either a physical or electronic pollbook.

(k) “Poll watcher” is a member of the public who is observing election processes and is not credentialed as a challenger. A candidate shall not serve as a poll watcher at a location where the candidate appears on the ballot.

(l) “Team of election inspectors” refers to the set of election inspectors assigned to process ballots at an individual absent voter count board or a combined absent voter count board.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.202 Pollbook records {#sec-r-168.202 omnilex-key=us-mi-regs-official--dept-state--R 168.202}

Rule 2. (1) If both a physical and an electronic pollbook are utilized at an Election Day polling place, early voting site, or absent voter ballot counting facility, the clerk of the jurisdiction shall direct the records required by these rules to be recorded in the physical pollbook, the electronic pollbook, or both.

(2) Regardless of the form of pollbook used at an Election Day polling place, early voting site, or absent voter ballot counting facility, any challenge forms completed under R 168.213(2) must be stored by the local clerk in the same manner as the physical pollbook is stored.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.203 Record of individuals serving as challengers; organizational training {#sec-r-168.203 omnilex-key=us-mi-regs-official--dept-state--R 168.203}

Rule 3. (1) For each challenger to whom a credentialing organization provides credentials, the credentialing organization shall keep the following records:

(a) The challenger’s name.

(b) The challenger’s mobile phone number, if the challenger has a mobile phone.

(c) Other contact information that may be used to contact the challenger during the performance of the challenger’s duties.

(d) The city or township where the challenger is registered to vote.

(e) Each Election Day polling place, early voting site, and absent voter ballot processing facility where the challenger is designated to serve.

(2) Before the beginning of service by any challenger, the credentialing organization shall designate a member of the credentialing organization to be a point of contact between the credentialing organization and election officials. Except for political parties appointing challengers, the credentialing organization shall make the point of contact known to the secretary of state and the clerk of each jurisdiction where the credentialing organization is appointing challengers, using a form prescribed by the secretary of state. Political parties appointing challengers shall make the point of contact known to the secretary of state, using a form prescribed by the secretary of state. The individual serving as a point of contact shall be available to be contacted by election officials at any time when a challenger credentialed by the credentialing organization is serving as a challenger. The point of contact shall have the records described in subrule (1) of this rule readily available for reference if contacted by an election official.

(3) The records described in subrule (1) of this rule must be retained by the credentialing organization for 1 year after the date of the challenger’s service.

(4) Before issuing credentials to any challengers, each individual issuing credentials on behalf of the credentialing organization shall complete training created by the secretary of state for credentialing organizations. This training must include information about permissible and impermissible challenges, and the rights and duties of challengers. The training may include certification that the individual has reviewed written materials designated by the secretary of state or may include virtual or in-person training.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.204 Credential card {#sec-r-168.204 omnilex-key=us-mi-regs-official--dept-state--R 168.204}

Rule 4. (1) The authority required under section 732 of the act, MCL 168.732, shall be in a form prescribed by the secretary of state, and be known as the Michigan challenger credential card.

(2) A credential card may be digital and presented on a phone or other electronic device. If a challenger uses a digital credential, the credential must mirror the physical template credential form promulgated by the secretary of state and must not include any information or graphics that are not included or requested on the physical template credential form.

(3) No county, city, or township clerk shall approve an organization’s application to credential challengers under section 731(1) of the act, MCL 168.731, unless the facsimile of the credential card submitted by the organization is in a form prescribed by the secretary of state.

(4) If any field required on the credential card is blank, the credential is invalid and the individual presenting the form cannot serve as a challenger.

(5) The credential card shall not be displayed or shown to voters.

(6) Clerks may allow or require challengers serving at a polling place on Election Day, at an early voting site during the early voting period, or at a clerk’s office at any time that voters are present, to wear a reasonably sized nametag or badge. The nametag or badge cannot include any text or graphics aside from the challenger’s name and the words “election challenger”. The nametag must be printed on white paper, and the words “election challenger” must be printed in black ink.

(7) Clerks may allow or require challengers present at absent voter ballot processing facilities to display the challenger’s credential card or wear nametags or badges that identify challengers and the organization represented by the challenger.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.205 Challenger liaison {#sec-r-168.205 omnilex-key=us-mi-regs-official--dept-state--R 168.205}

Rule 5. (1) Each clerk shall designate 1 or more election inspectors per Election Day polling place, early voting site, or absent voter ballot processing facility as a challenger liaison. Unless otherwise specified, the challenger liaison at election related sites is the following:

(a) At an Election Day polling place, the precinct chairperson.

(b) At an early voting site, the early voting site chairperson.

(2) Challengers shall not communicate with election inspectors other than the challenger liaison or the challenger liaison’s designee unless otherwise instructed by the challenger liaison or a member of the clerk’s staff.

(3) The challenger liaison is responsible for answering challenger questions and addressing challenger concerns. The challenger liaison is made known to challengers on the challenger’s arrival at the Election Day polling place, early voting site, absent voter ballot processing facility, or clerk’s office.

(4) If multiple precincts or absent voter counting boards are included in a single location, a single election inspector may serve as the challenger liaison for multiple precincts or absent voter counting boards.

(5) Challenger liaisons are responsible for maintaining an orderly election process in the location where the challenger liaisons serve. Challenger liaisons may issue directions to challengers to ensure compliance with the act; with the election inspector’s duty to maintain the peace, regularity, and order at the location where the challenger liaisons are serving under section 678 of the act, MCL 168.678; with these rules; or with the requirement of maintaining an orderly election process.

(6) Challengers are required to follow the directions of the challenger liaison. If the challenger objects to the direction, the objection shall be treated as a challenge to an election process described in R 168.209. The challenger may contact the clerk responsible for the jurisdiction to appeal directions that the challenger believes are prohibited by the act or these rules.

(7) A challenger liaison may delegate any of their duties under these rules to another election inspector serving in the same location.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.206 Total number of challengers; challengers at Election Day polling places, early voting sites, or absent voter ballot processing facilities {#sec-r-168.206 omnilex-key=us-mi-regs-official--dept-state--R 168.206}

Rule 6. (1) The maximum number of challengers that a credentialing organization may field at a location is determined as follows:

(a) If the challengers are serving at an Election Day polling place, the total number of challengers allowed to each credentialing organization at a precinct must not exceed the total number allowed under section 730(1) of the act, MCL 168.730.

(b) If the challengers are serving at an early voting site, the total number of challengers allowed to each credentialing organization at a site is the total number allowed under section 730(1) of the act, MCL 168.730, as an early voting site is subject to the same requirements as an Election Day precinct pursuant to section 4(1)(m) of article II of the state constitution of 1963.

(c) If the challengers are serving at a single absent voter counting board, 1 challenger, as provided in section 730(1) of the act, MCL 168.730.

(d) If the challengers are serving at an absent voter ballot processing facility where more than 1 absent voter counting board is located, 1 challenger for each board, as provided in section 730(1) of the act, MCL 168.730.

(e) During processing and tabulation of absent voter ballots before Election Day, the total number of challengers allowed to each credentialing organization at the location must not exceed the total number allowed under section 765a(14) of the act, MCL 168.765a.

(f) If the challengers are serving at a local clerk’s office or a satellite location maintained by a clerk, each credentialing organization is limited to 1 challenger at that office.

(g) If the challengers are serving at an Election Day vote center, the total number of challengers allowed to each credentialing organization at the location must not exceed the total number allowed under section 523b(2) of the act, MCL 168.523b.

(2) At no point shall more than 1 challenger from any single credentialing organization observe the activities of any single team of election inspectors processing ballots at an absent voter ballot processing facility.

(3) Clerks shall make reasonable efforts to accommodate the number of challengers equal to the number of credentialing organizations approved to credential challengers in the clerk’s jurisdiction multiplied by the maximum number of challengers allowed in the location as calculated under subrule (1) of this rule.

(4) If an Election Day polling place, early voting site, or absent voter ballot processing facility cannot accommodate the total number of challengers contemplated in subrule (1) of this rule, the maximum number of challengers each credentialing organization is allowed to have present in that location as calculated in subrule (1) of this rule is decreased by an equal number for all credentialing organizations.

(5) If the absent voter ballot processing facility cannot accommodate 1 challenger for each credentialing organization, the clerk’s notice under section 765a(12) of the act, MCL 168.765a, shall provide notice of the number of challengers that can be accommodated, and 1 challenger per organization is admitted until that number is met.

(6) If a challenger leaves a location where the challenger is credentialed to serve, the organization that credentialed that challenger is allowed to replace that challenger with a new challenger credentialed by that organization so long as the replacement process does not disrupt the work of election inspectors or clerk staff present at the location. A replacement challenger shall comply with the provisions of these rules.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.207 Challenger training {#sec-r-168.207 omnilex-key=us-mi-regs-official--dept-state--R 168.207}

Rule 7. (1) Each credentialing organization shall provide each challenger credentialed by that organization with the manual created by the secretary of state governing challengers and poll watchers and other materials designated by the secretary of state.

(2) A credentialing organization is responsible for training each challenger credentialed by that organization regarding all of the following:

(a) Election Day polling place operation, if the challenger is designated to serve at an Election Day polling place.

(b) Early voting site operation, if the challenger is designated to serve at an early voting site.

(c) Absent voter counting board operation, if the challenger is designated to serve at an absent voter ballot processing facility.

(d) Voter registration and the issuance and acceptance of absent voter ballots at a clerk’s office, if the challenger is designated to serve at a clerk’s office.

(3) If the challenger is designated to serve at multiple categories of locations described in subrule (2) of this rule, the credentialing organization shall train the challenger on operations of all of the categories applicable at the location where the challenger is credentialed to serve.

(4) The challenger training must include, but is not limited to, an explanation of the processes and procedures during the category of location where the challenger is credentialed and the powers, rights, and duties of election challengers.

(5) Each challenger shall sign or electronically sign a written statement certifying that the challenger completed the required training and has a working knowledge of the material presented at training. The credentialing organization shall retain this statement for 2 years after the last date that the challenger served.

(6) An individual must not serve as a challenger unless the individual has completed challenger training as required under this rule within the last 2 calendar years. If a change in the election law, a change in election regulations, a court order, or another event substantially alters or abrogates information contained in the training, the secretary of state may require individuals wishing to serve as challengers to complete a supplemental training before serving as a challenger, even if that individual has completed the required challenger training within the 2 calendar years before the date the individual serves as a challenger.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.208 Challenge to a voter’s eligibility; challenge to an elector’s ability to cast a ballot at an Election Day polling place or early voting site after receiving an absent voter ballot {#sec-r-168.208 omnilex-key=us-mi-regs-official--dept-state--R 168.208}

Rule 8. (1) A challenger may make a challenge to a voter’s eligibility at an Election Day polling place or early voting site if the challenger has a good reason to believe that the individual is not a registered elector.

(2) The following are the only permissible reasons that a challenger may challenge a voter’s eligibility:

(a) The individual is not registered to vote.

(b) The individual is less than 18 years of age on Election Day.

(d) The individual has not resided in the city or township where the individual is attempting to vote for 30 or more days before the election.

(3) The following are impermissible challenges to a voter’s eligibility because they are improper reasons for challenge:

(a) The individual’s race or ethnic background.

(b) The individual’s sexual orientation or gender identity.

(d) The individual’s inability to read, write, or speak English.

(e) The individual’s need for assistance in the voting process.

(f) The individual’s manner of dress.

(g) The individual’s support for or opposition to a candidate, political party, or ballot question.

(h) The appearance or the challenger’s impression of any of the preceding traits.

(i) Another characteristic or appearance of a characteristic that is not relevant to an individual’s qualification to cast a ballot.

(4) A permissible challenge to a voter’s eligibility triggers the process laid out in section 729 of the act, MCL 168.729.

(5) A challenge to a voter’s eligibility must be made to the challenger liaison or to an election inspector designated by the challenger liaison.

(6) If a challenge to a voter’s eligibility is properly made under subrule (2) of this rule, the challenger liaison or election inspector to whom the challenge is made shall ask the challenger to state with specificity which of the voter eligibility criteria the challenger believes the individual whose eligibility is challenged does not meet, and why the challenger believes the individual whose eligibility is challenged does not meet that criteria.

(7) A challenge determined to be made for reasons other than the reasons allowed under subrule (2) of this rule must be rejected as an impermissible challenge.

(8) Voter eligibility challenges are not permissible at an absent voter ballot processing facility.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.209 Challenges to an election process {#sec-r-168.209 omnilex-key=us-mi-regs-official--dept-state--R 168.209}

Rule 9. (1) A challenger may challenge an election process, including the way that election inspectors are operating a polling place or early voting site or processing absent voter ballots at an absent voter ballot processing facility. The challenge must state the specific element or elements of the process that the challenger believes are being improperly performed.

(2) An explanation for a challenge to an election process must include an explanation of the proper performance of the element or elements in question but need not take the form of a direct citation to statute or election administration materials.

(3) A challenge to an election process is impermissible and must not be recorded by the election inspectors in either or both of the following circumstances:

(a) If the challenger cannot identify a specific element or multiple elements of the process that the challenger believes are improper if performed.

(b) If the challenger cannot adequately explain why the process is being performed in a manner prohibited by state law.

(4) A permissible challenge to an election process is rejected if the challenger liaison determines that the specific element or elements of the election process are being carried out in accordance with state law.

(5) If a challenger wishes to challenge recurring elements of an election process under subrule (1) of this rule, the challenger shall make a blanket challenge. A blanket challenge is recorded in the same manner as other challenges made under subrule (1) of this rule. The challenger shall not challenge subsequent repetitions of the process.

(6) A challenge to an election process must be made to the challenger liaison.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.210 Impermissible challenges {#sec-r-168.210 omnilex-key=us-mi-regs-official--dept-state--R 168.210}

Rule 10. (1) Impermissible challenges are challenges that are made on improper grounds.

(2) Subject to R 168.209(3), a challenge determined to be impermissible is not accepted or rejected but is noted in the pollbook as impermissible if it is possible to do so without slowing the voting or absent voter ballot tabulation process.

(3) Repeated impermissible challenges may result in a challenger’s removal from the polling place, early voting site, or absent voter ballot processing facility.

(4) Impermissible challenges include the following:

(a) Challenges made to something other than a voter’s eligibility or an election process.

(b) Challenges made with no explanation for the challenge.

(c) Challenges made alleging lack of photo identification against a voter who signs an Affidavit of Voter Not in Possession of Picture ID.

(d) Challenges made for an improper reason as described in R 168.208(3).

(5) A challenger shall not make a challenge indiscriminately or without good cause.

A challenge is made indiscriminately and without good cause if the challenger does not know or has a reasonable belief that the challenged individual is ineligible or that the election process is being improperly performed.

(6) A challenger shall not make challenges for the purpose of harassing an elector, an election inspector, or another individual, or interfering with election processes.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.211 Rejected challenges {#sec-r-168.211 omnilex-key=us-mi-regs-official--dept-state--R 168.211}

Rule 11. (1) Rejected challenges are challenges that are permissible that the challenger liaison does not accept. Whether a challenge is permissible but rejected is a context-specific determination that depends on the type of challenge being made.

(2) If a challenge is permissible but rejected, the following information must be recorded in the pollbook:

(a) The challenger’s name.

(b) The name of the credentialing organization that credentialed the challenger.

(d) The substance of the challenge.

(e) The reason why the challenge was rejected.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.212 Accepted challenges {#sec-r-168.212 omnilex-key=us-mi-regs-official--dept-state--R 168.212}

Rule 12. (1) Accepted challenges are challenges that are permissible and the challenger liaison determines are correct.

(2) If a challenge is accepted, the following information must be recorded in the pollbook:

(a) The challenger’s name.

(b) The time of the challenge.

(d) The actions taken by the challenger liaison in response to the challenge.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.213 Recording of challenges {#sec-r-168.213 omnilex-key=us-mi-regs-official--dept-state--R 168.213}

Rule 13. (1) If a challenger makes a challenge known to a challenger liaison without identifying the election process challenged as required by these rules, or otherwise fails to provide information required to support a challenge under the act or these rules, the challenger liaison shall ask the challenger to state the missing information necessary to support the challenge. If the challenger cannot state the information supporting the challenge, the challenge does not have a sufficient basis and is impermissible.

(2) A challenger making a challenge determined to have sufficient basis under subrule (1) of this rule shall be provided with a challenge recording form prescribed by the secretary of state. The challenger shall complete the form and return the form to the challenger liaison or election inspector designated by the challenger liaison in order for the challenge to be recorded. The challenge recording form must include fields specifying the time that the challenge is made, the name of the challenger making the challenge, the organization the challenger represents, the type of challenge being made, and other information determined necessary or appropriate by the secretary of state.

(3) Permissible challenges to a voter’s eligibility properly made under these rules must be recorded in the physical pollbook and, if it is being used at that location, in the electronic pollbook. The record included in the pollbook must contain a short description of the challenge and the resolution of the challenge.

(4) If a challenge is properly made but ultimately rejected, the record of the challenge in the pollbook must note in the pollbook the reason that the challenge was rejected.

(5) After the close of polls or after ballot processing is completed, challenge recording forms must be maintained with the physical pollbook.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.214 Rights and duties of challengers {#sec-r-168.214 omnilex-key=us-mi-regs-official--dept-state--R 168.214}

Rule 14. (1) When entering an Election Day polling place, early voting site, or absent voter ballot processing facility, a challenger shall make the challenger’s presence known to the challenger liaison and complete the oath set out in R 168.215 before making any challenges or enjoying any of the rights accorded to a challenger. The challenger’s name, credentialing organization, and time of arrival must be recorded in a pollbook. If the challenger is credentialed in more than 1 precinct or counting board at a location, the challenger liaison may allow the challenger to complete the oath only once and be recorded in only one pollbook.

(2) If the challenger leaves an Election Day polling place, early voting site, or absent voter ballot processing facility before the end of tabulation, the challenger shall notify the challenger liaison. On notification, the time that the challenger leaves must be recorded in the pollbook.

(3) Properly credentialed challengers who made the challenger’s presence known to the challenger liaison and have signed the oath set out in R 168.215 have the right to the following:

(a) Be present in the polling place, early voting site, absent voter ballot processing facility, or Election Day vote center.

(b) Make challenges to the challenger liaison or the challenger liaison’s designee as provided in R 168.208 and R 168.209.

(d) Be provided with reasonable assistance in performing the duties of a challenger.

(e) Inspect applications to vote, registration lists, and other printed materials used to conduct elections that are available at the location, so long as the challenger does not touch or handle any of those materials and so long as the inspection does not interfere with the voting process.

(f) Observe election inspectors’ preparation of voting equipment at the polling place or early voting site before the opening of the polls during the early voting period and on Election Day, and observe election inspectors’ handling of voting equipment after the close of polls on Election Day, so long as the challenger does not touch or handle any of that equipment and so long as that observation does not interfere with the election inspectors in completion of the election inspectors’ duties.

(g) Observe the election process from a reasonable distance, so long as election inspectors have sufficient room to perform the election inspectors’ duties and voters are not impeded in any way.

(h) If serving in a polling place or early voting site during the early voting period or on Election Day, to use electronic devices, so long as the device is not disruptive and so long as the device is not used to photograph or make video or audio recordings of the polling place or early voting site except for posted election results.

(i) If serving in an absent voter ballot processing facility, to use electronic devices, so long as the device is not disruptive and so long as the device is not used to photograph or make video or audio recordings except for posted election results.

(j) Observe election-related activities at an early voting site or at a polling place on Election Day at any time the early voting site or polling place is open to the public, including before the opening of polls or after the closing of polls.

(k) Take notes about the election process.

(l) Notify the challenger liaison of perceived violations of election laws by thirdparties, including electioneering within 100 feet of an entrance to the building where a polling place or early voting site is located, improper handling of a ballot by a voter, or other issues.

(m) Remain in the Election Day polling place, early voting site, or absent voter ballot processing facility after the close of polls or the end of tabulation and until the election inspectors complete the election inspectors’ duties.

(n) If serving in an early voting site or polling place where ballots are being issued, stand behind the processing table and intermittently move close enough to view the pollbook as ballots are issued to voters and the voters’ names are entered into the pollbook, so long as the challenger does not touch or handle the pollbook or otherwise interfere with the work of the election inspectors.

(o) If serving at an absent voter ballot processing facility, stand in a location where the tabulation of absent voter ballots can be observed, or stand in a location where the challenger can intermittently move close enough to view the entry of the names of voters whose ballots are being processed into the pollbook, so long as the challenger does not touch or handle any election-related materials.

(4) Challengers shall not:

(a) Speak with or interact in any way with voters.

(b) Threaten or intimidate voters, other challengers, or election inspectors, or attempt to threaten or intimidate voters, other challengers, or election inspectors at any stage of the voting process.

(c) Continuously stand in close proximity to election inspectors in a way a reasonable individual could find intimidating.

(d) Speak with or interact with election inspectors who are not the challenger liaison or the challenger liaison’s designee, unless given explicit permission by the challenger liaison or a member of the clerk’s staff.

(e) Make repeated impermissible challenges.

(f) Make a challenge indiscriminately or without good cause, or for the purpose of harassing, delaying, or annoying voters, election inspectors, or another individual.

(g) Physically touch or interact with ballots, absent voter ballot envelopes, electronic pollbooks, physical pollbooks, or other election materials.

(h) Stand so close to the pollbook or other materials that the challenger’s proximity to those materials interferes with the election inspectors’ ability to perform the election inspectors’ duties.

(i) Use a device to photograph or make video or audio recordings in a polling place, early voting site, clerk’s office, or at an absent voter ballot processing facility, other than the recording of election results.

(j) Provide or offer to provide assistance to voters.

(k) Wear any clothing or other apparel relating to any party, candidate, or proposition on the ballot or that disrupts the peace or order of the early voting site or polling place, unless the challenger is serving at an absent voter ballot processing facility and is given permission or instructed to wear an identifier by an election official.

(l) Wear clothing or other apparel expressly advocating for or against the election of a candidate or advocating the passage or defeat of a ballot measure.

(m) Set up a table or other furniture in the early voting site or polling place.

(n) Take any actions to disrupt or interfere with voting, ballot tabulation, or other election processes.

(5) A challenger may request and be provided with a chair to use when conducting challenger activities, so long as the provision of the chair does not interfere with the orderly conduct of elections. The placement of the chair is at the discretion of the challenger liaison or clerk.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.215 Challenger oath {#sec-r-168.215 omnilex-key=us-mi-regs-official--dept-state--R 168.215}

Rule 15. (1) After making the challenger’s presence known to the challenger liaison, a challenger who is not completing the oath in section 765a of the act, MCL 168.765a, shall complete the following oath:

"I (name of individual taking oath) do solemnly swear (or affirm) that I have reviewed the written materials designated by the Secretary of State for my training and will comply with the provisions in those materials. I will follow the directions of the election inspectors operating the (description of applicable location). Further, I shall not photograph, or audio or video record, within the (description of applicable location), except for posted election results."

(2) The oaths administered under subrule (1) of this rule must be placed in an envelope provided for this purpose and sealed with the red state seal. Following the election, the oaths must be delivered to the city or township clerk.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.216 Challenger conduct; challenger liaison management of election locations {#sec-r-168.216 omnilex-key=us-mi-regs-official--dept-state--R 168.216}

Rule 16. (1) If a challenger is serving at a location with multiple precincts or absent voter counting boards, and if the credentialing organization whom the challenger represents has fewer challengers present than the number of precincts or absent voter counting boards in the location, the credentialing organization may designate a challenger to serve at multiple precincts or absent voter counting boards within the location, subject to reasonable limits by the clerk.

(2) Challengers enjoy the rights enumerated in R 168.214(3) only at the Election Day polling places, early voting sites, or absent voter ballot processing facilities where the challengers are designated to serve.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.217 Prohibited challenger conduct; ejection of challengers {#sec-r-168.217 omnilex-key=us-mi-regs-official--dept-state--R 168.217}

Rule 17. (1) The right of a challenger to be present is conditional on the challenger’s compliance with election inspectors’ lawful commands under section 678 of the act, MCL 168.678. Any failure to comply with the lawful command of an election inspector may result in expulsion from the Election Day polling place, early voting site, absent voter ballot processing facility, Election Day vote center, or clerk’s office.

(2) If a challenger liaison has a reasonable belief that a challenger is making challenges that do not comply with the requirements of R 168.208 or R 168.209, that the challenger is making impermissible challenges as described in R 168.210, or that the challenger is violating any of the prohibitions in R 168.214(4), the challenger liaison shall warn the challenger of the challenger’s noncompliant challenges or impermissible behavior.

(3) If a challenger liaison has a reasonable belief that a challenger who was warned under subrule (2) of this rule is continuing to make challenges that do not comply with the requirements of R 168.208 or R 168.209, that the challenger is making impermissible challenges as described in R 168.210, or that the challenger is violating any of the prohibitions in R 168.214(4), the challenger liaison may eject the challenger from the Election Day polling place, early voting site, absent voter ballot processing facility, Election Day vote center, or clerk’s office.

(4) If a challenger photographs, or audio or video records, within an Election Day polling place, early voting site, or absent voter ballot processing facility other than as allowed by the act, the election inspector shall eject the individual from the location.

(5) Any warning or ejection, and the reason for that warning or ejection, must be recorded in the physical pollbook and, if it is being used at that location, in the electronic pollbook.

(6) A challenger who is ejected may appeal that ejection by contacting the clerk of the jurisdiction where the challenger is serving, after the challenger has left the polling place, early voting site, or absent voter ballot processing facility.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.218 Challengers serving in clerk offices {#sec-r-168.218 omnilex-key=us-mi-regs-official--dept-state--R 168.218}

Rule 18. (1) Challengers may be present at a clerk’s office only if the clerk’s office is open for business and during the period before an election when voters may request or return an absent voter ballot at the office.

(2) A challenger serving at a clerk’s office shall make the challenger’s presence known to the clerk as provided in R 168.214(1).

(3) A challenger serving at a clerk’s office may be present only in areas of the clerk’s office where an absent voter ballot may be requested. Nothing in these rules allows a challenger to be present in areas of the clerk’s office reserved for the clerk or employees of the clerk.

(4) A challenger present at a clerk’s office shall not view the qualified voter file.

(5) A challenger serving at a clerk’s office shall follow directions given to the challenger by election staff.

(6) A challenger serving at a clerk’s office shall not observe the selections a voter makes on the voter’s absent voter ballot if that voter chooses to complete the absent voter ballot in the clerk’s office.

(7) A challenger serving at a clerk’s office is bound by the same duties as a challenger serving at an Election Day polling place, early voting site, or absent voter ballot processing facility.

(8) If a challenger photographs, or audio or video records at a clerk’s office other than as allowed by the act, the election inspector shall eject the individual from the location.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.219 Poll watcher {#sec-r-168.219 omnilex-key=us-mi-regs-official--dept-state--R 168.219}

Rule 19. (1) Poll watchers have the right to do the following:

(a) Be present at an Election Day polling place, early voting site, or absent voter ballot processing facility, if there is sufficient space.

(b) Observe the electoral process from a public viewing area designated by the clerk, which must be placed in a location that does not interfere in any way with the work of election inspectors present in the location, or with participation in the voting process if voters are present. If the public viewing area for a particular election location is full and cannot accommodate more poll watchers, and if the public viewing area cannot be enlarged without disrupting election processes, the clerk or challenger liaison must deny entry to additional poll watchers.

(c) Request to view the pollbook without handling it, but the challenger liaison may decline that request. A poll watcher shall never handle the pollbook or other election equipment or materials.

(2) Poll watchers are subject to all of the same restrictions as credentialed challengers, including the prohibitions against speaking with voters and against speaking with election inspectors other than the challenger liaison without the challenger liaison’s permission.

(3) In addition to the restrictions in subrule (2) of this rule, poll watchers shall not do the following:

(a) Issue challenges.

(b) Sit or stand behind the processing table at an Election Day polling place or early voting site.

(c) Be present in any part of the polling place, early voting site, clerk’s office, or absent voter ballot processing facility, except the designated public viewing area.

(4) If an election inspector has a reasonable belief that a poll watcher is in violation of subrule (2) or (3) of this rule, the election inspector shall warn the individual of the poll watcher’s nonallowed behavior.

(5) If an election inspector reasonably believes that a poll watcher who was warned under subrule (4) of this rule is continuing to violate this rule, the election inspector must eject that poll watcher from the Election Day polling place, early voting site, or absent voter ballot processing facility. If the poll watcher refuses to leave after being informed of the ejection by an election inspector, the election inspector may request law enforcement remove the poll watcher from the polling place, early voting site, or absent voter ballot processing facility.

(6) If a poll watcher photographs, or audio or video records, within an Election Day polling place, early voting site, or absent voter ballot processing facility, the election inspector shall expel the individual from the location.

History

History: 2026 MR 9, Eff. May 6, 2026.

Mich. Admin. Code R 168.220 Challenger appeal of challenger liaison or election inspector determinations {#sec-r-168.220 omnilex-key=us-mi-regs-official--dept-state--R 168.220}

Rule 20. (1) A challenger may appeal to the city or township clerk of the jurisdiction where the challenger is serving a decision by the challenger liaison or other election inspectors relating to any of the following:

(a) The validity of a challenge.

(b) A challenger’s conduct.

(2) The following apply to a challenger appeal:

(a) The appeal must be made outside the hearing of voters.

(b) If the challenger is appealing the ejection, the appeal must be made after the challenger has left the polling place, early voting site, or absent voter ballot processing facility. If the city or township clerk rejects the challenger’s ejection as improper, the clerk shall inform the challenger liaison and the challenger shall be allowed to reenter the polling place, early voting site, or absent voter ballot processing facility.

(c) At the request of a challenger, the challenger liaison shall provide the contact information of the city or township clerk.

(3) The challenger may appeal the decision of the local clerk to the bureau of elections.

(4) A challenger shall not appeal to the city or township clerk an election inspector’s resolution of a challenge to a voter’s eligibility to vote. Appeals of an election inspector’s resolution of an eligibility challenge can only be adjudicated through the judicial process after Election Day.

History

History: 2026 MR 9, Eff. May 6, 2026.

R 168.251 to R 168.262 Voter Registration Cancellation, Challenge, and Correction

Mich. Admin. Code R 168.251 Definitions {#sec-r-168.251 omnilex-key=us-mi-regs-official--dept-state--R 168.251}

DEPARTMENT OF STATE

ELECTIONS & CAMPAIGN FINANCE

VOTER REGISTRATION CANCELLATION, CHALLENGE, AND

CORRECTION

(By authority conferred on the secretary of state by section 31(1)(a) of the Michigan election law, 1954 PA 116, MCL 168.31)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(b) “Cancellation notice” means the notice that is sent to a voter when the clerk receives reliable information that the voter has moved to a new jurisdiction or reliable information that the voter has moved to an unknown address, as described in section 509aa(3) and (5) of the act, MCL 168.509aa. Sending this notice begins the cancellation countdown.

(c) “Challenge” means the process by which a registered voter may challenge the validity of another registered voter’s registration status.

(d) “Confirmation notice” means the notice that is sent to a voter when the clerk receives reliable information that the voter has moved within the clerk’s jurisdiction, as described in section 509aa(2) of the act, MCL 168.509aa.

(e) “Election activity” means any voter transaction, including, but not limited to, requesting an absentee voter ballot, returning a voted absentee ballot, voting in person during early voting or on election day, confirmation in the voter registration database of the individual signing a petition, or other voter-initiated transaction, such as notice of a move.

(f) “Personal knowledge” means information that an individual knows to be true based on direct, firsthand observance. In the case of a voter’s residency, to constitute personal knowledge an individual shall know the voter is not a resident for voting purposes.

Observing reliable information indicating a voter has moved does not constitute personal knowledge that a voter is not a resident for voting purposes.

(g) “Reliable information” means information indicating that an individual has moved, which election officials can trust confidently, is specific to a voter, and is objectively verifiable. Reliable information that a voter has moved requires notice, waiting period, and confirmation as described in this rule set and the act before a voter’s registration can be cancelled on the basis that the voter is no longer a resident for voting purposes.

(h) “Returned election mail” means mail, such as voter information cards, notices, absentee ballot applications, and absentee ballots, that is returned by the post office either as undeliverable or with an updated address.

(i) “Voter registration database” means the qualified voter file as defined in section 509m of the act, MCL 168.509m, or its successor.

(j) “Waiting period” means the requirement in section 8 of the national voter registration act of 1993, 52 USC 20507, that an individual’s registration must not be cancelled until that individual has failed to respond to a notice and has not voted or engaged in any election activity in 2 successive federal November general election cycles. The waiting period is also referred to as the cancellation countdown.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.252 Reliable information {#sec-r-168.252 omnilex-key=us-mi-regs-official--dept-state--R 168.252}

Rule 2. (1) Whether information is reliable information that a voter has moved is considered on an individual, case-by-case basis.

(2) The following sources of information are examples of reliable information:

(a) A voter’s failure to vote for 20 years or more, or for a timeframe as provided in the act.

(b) United States Postal Service returned election mail.

(c) A voter appears on a United States Postal Service national change of address list and the entry on the list is checked against the voter record and they match.

(d) During a house-to-house canvass, the clerk speaks to an individual who lives at the voter’s registration address, and the individual informs the clerk that a voter has permanently moved.

(e) The voter surrendered their driver license from this state to a different state.

(f) Utility bills with an address or name that is different than the voter’s registration name and address, if accompanied by additional information that shows that the voter has moved.

(g) City income tax records with an address that is different than the voter’s registration address.

(h) A statement or communication indicating a permanent change of address made by a voter that does not include the voter’s signature.

(3) The following sources of information are not on their own reliable sources of information sufficient to trigger sending either a confirmation or cancellation notice to a registered individual, but can be considered in combination with other information:

(a) Information pulled from online databases that list individual names and dates of birth.

(b) Word-of-mouth claims about a registered individual that are not based on personal knowledge of the individual making the claim, including attempted challenges to voter registration that fail to meet the requirement of personal knowledge.

(4) A clerk is not obligated to begin an investigation of an individual’s registration status after receiving information from the sources identified in subrule (3) of this rule.

(5) If a clerk chooses to investigate an individual’s registration status based on information from the sources identified in subrule (3) of this rule, the clerk shall independently verify the information from a source listed in subrule (3) of this rule with reliable information before sending a confirmation or cancellation notice to a registered individual.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.253 Required notice procedure after receiving reliable information {#sec-r-168.253 omnilex-key=us-mi-regs-official--dept-state--R 168.253}

Rule 3. (1) After a clerk receives reliable information that an individual has moved, the clerk shall take the following steps:

(a) Verify that the voter is not entitled to protections under the military and overseas voter empowerment (MOVE) act, Public Law 111-84, or under the uniformed and overseas citizens absentee voting act (UOCAVA), Public Law 99-410. If the voter is entitled to protections under the MOVE act or UOCAVA, the clerk shall not send a notice. If the voter is not subject to protections under the MOVE act or UOCAVA, proceed to subrule (1)(b) of this rule.

(b) Update the individual’s status in the voter registration database, but not cancel the voter’s registration.

(i) When a clerk receives reliable information that the voter has moved within the clerk’s jurisdiction, the clerk shall send the individual a confirmation notice.

(ii) When a clerk receives reliable information that a voter has moved outside of the clerk’s jurisdiction or if election mail is returned by the post office as undeliverable with no new address information, the clerk shall send the individual a cancellation notice.

(2) The cancellation or confirmation notice must be sent by forwardable mail. The notice must comply with the following:

(a) Include a postage prepaid and preaddressed return card for the individual to verify or correct the address information or verify their registration status.

(b) Be sent to all addresses that the clerk is aware of for the individual.

(c) Contain the information required by section 509aa of the act, MCL 168.509aa, and section 8 of the national voter registration act of 1993, 52 USC 20507.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.254 Actions following confirmation notice {#sec-r-168.254 omnilex-key=us-mi-regs-official--dept-state--R 168.254}

Rule 4. (1) If the voter returns the notice, depending on the response, the clerk shall take 1 of the following actions:

(a) If the individual confirms they reside at their registration address, the clerk shall indicate the individual confirmed their residency in the voter registration database. The individual is returned to active status.

(b) If the individual confirms a new address that is still within the same jurisdiction, the clerk shall update the individual’s address in the voter registration database, update the individual’s master card as required by the act, and send the individual a new voter information card. The individual is returned to active status.

(c) If the individual confirms a new address that is outside of the jurisdiction, the clerk shall cancel the individual’s registration and update the individual’s master card as required by the act.

(2) If the voter fails to return the notice but engages in election activity, the individual is returned to active status in the voter registration database.

(3) If a voter fails to return the notice and does not engage in election activity, the individual remains registered to vote but maintains a verify status.

(4) If the notice is returned by the post office as undeliverable, the clerk shall update the voter’s status in the voter registration database but take no registration cancellation action.

If after the expiration of the waiting period the individual has not engaged in any election activity, the individual’s registration shall be cancelled by the secretary of state in the voter registration database. The clerk shall update the voter’s master card as required by the act.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.255 Actions following cancellation notice {#sec-r-168.255 omnilex-key=us-mi-regs-official--dept-state--R 168.255}

Rule 5. (1) If the voter returns the notice, depending on the response, the clerk shall take 1 of the following actions:

(b) If the individual confirms a new address that is still within the jurisdiction, the clerk shall update the individual’s address in the voter registration database, update the individual’s master card as required by the act, and send the individual a new voter information card. The individual is returned to active status.

(2) If the voter fails to return the notice but engages in election activity, the individual is returned to active status in the voter registration database.

(3) If there is no response to the cancellation notice or the notice is returned by the post office as undeliverable, the clerk shall take no registration cancellation action. If after the expiration of the waiting period the individual has not engaged in any election activity, the individual’s registration shall be cancelled by the secretary of state in the voter registration database. The clerk shall update the voter’s master card as required by the act.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.256 Challenges to voter registration; requirements for a valid challenge {#sec-r-168.256 omnilex-key=us-mi-regs-official--dept-state--R 168.256}

Rule 6. (1) A challenge to an individual’s registration is a specific process that is distinct from the notice process that follows the receipt of reliable information.

(2) A challenge to an individual’s registration must comply with the requirements of section 512 of the act, MCL 168.512, and is valid only if it meets all the following requirements:

(a) The challenge must be submitted by a registered voter in the same municipality as the challenged voter.

(b) The challenge must be submitted to the city or township clerk for the relevant municipality. Submission may be in person, by mail, or by electronic mail.

(c) The challenge must be made through a written and notarized affidavit. A separate written and notarized affidavit is required for each individual voter whose registration is being challenged. Submission of a copy of the written and notarized affidavit is acceptable.

(d) The challenger must swear that they have personal knowledge that the challenged voter is ineligible and must specify the grounds for ineligibility.

(e) The challenge cannot be made indiscriminately and without good cause, or for the purpose of harassment. A challenge is made indiscriminately and without good cause if the challenger does not know or have a reasonable belief that the challenged individual is ineligible. Improper reasons for making a challenge to a voter’s eligibility include, but are not limited to, the following:

(i) The voter’s race or ethnic background.

(ii) The voter’s sexual orientation or gender identity.

(iii) The voter’s physical or mental disability.

(iv) The voter’s inability to read, write, or speak English.

(v) The voter’s need for assistance in the voting process.

(vi) The voter’s manner of dress.

(vii) The voter’s support for or opposition to a candidate, political party, or ballot question.

(viii) The appearance or the challenger’s impression of any of the traits listed in paragraphs (i) to (vii) of this subdivision.

(ix) Other characteristics or appearance of characteristics that are not relevant to an individual’s qualification to cast a ballot.

(3) An individual’s voter registration may be cancelled pursuant to section 512 of the act, MCL 168.512, only for the following reasons:

(a) The individual is not old enough to register to vote. An individual may preregister to vote when they are 16 years of age, and is qualified to be registered to vote when they are 17.5 years of age or older.

(b) The individual is not a United States citizen.

(d) The individual is deceased.

(4) The requirement that the challenger have personal knowledge that the challenged voter is ineligible is not satisfied when the challenger’s basis for their claim is reliable information that a voter has moved or other third-hand information indicating that a voter is not eligible, including an online database, United States Postal Service information, or other information from a third-party such as another resident contacted during a house-tohouse canvass.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.257 Independent verification; applicability of notice and waiting period procedure {#sec-r-168.257 omnilex-key=us-mi-regs-official--dept-state--R 168.257}

Rule 7. (1) If the challenger fails to properly assert personal knowledge of a voter’s ineligibility as required by R 168.256(2)(d), the clerk may attempt to independently verify the information but is not required to conduct an independent investigation before rejecting the challenge for failure to meet the statutory requirements for a valid challenge.

(2) If a clerk exercises their discretion to independently verify a challenge that failed to satisfy the statutory challenge requirements under section 512 of the act, MCL 168.512, and their investigation reveals reliable information to support the conclusion that the challenged voter may have moved, that reliable information must be used to initiate the sending of a confirmation or cancellation notice in accordance with section 509aa of the act, MCL 168.509aa.

(3) The challenge cancellation timeline of 30 days that applies after receiving a valid challenge under section 512 of the act, MCL 168.512, does not apply when a clerk investigates in response to an invalid challenge and independently finds reliable information. Instead, the sending of a confirmation or cancellation notice in accordance with section 509aa of the act, MCL 168.509aa, is required.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.258 Challenges asserting individual voter is deceased {#sec-r-168.258 omnilex-key=us-mi-regs-official--dept-state--R 168.258}

Rule 8. (1) If the clerk receives a challenge on the basis that the challenged individual is deceased, and the clerk independently verifies that the challenged individual is deceased, the clerk shall immediately process a cancellation based on the individual’s death instead of following the challenge procedure. If the clerk does not independently verify that the challenged individual is deceased, but the challenge properly asserts personal knowledge of a voter’s ineligibility as required by R 168.256(2)(d), the clerk shall process the challenge under R 168.259.

(2) A clerk may use the following sources to independently verify an individual is deceased:

(a) Confirmation from next of kin.

(b) Death certificate.

(d) Notification from the county clerk under section 510 of the act, MCL 168.510.

(e) Other information that verifies the death of the voter.

(3) In verifying that a voter is deceased, the clerk shall verify that the deceased individual is the same individual as the voter, including by matching personal identifying information such as address, date of birth, or other information that confirms the identity of the individual.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.259 Procedure after receiving a challenge to voter registration {#sec-r-168.259 omnilex-key=us-mi-regs-official--dept-state--R 168.259}

Rule 9. (1) If a challenge to an individual voter’s registration does not satisfy any 1 of the requirements in R 168.256 and section 512 of the act, MCL 168.512, the challenge must be rejected.

(2) If a challenge to an individual voter’s registration does satisfy the requirements in R 168.256 and section 512 of the act, MCL 168.512, the clerk shall do the following:

(a) Update the individual’s status in the voter registration database.

(b) Send notice of the challenge to the challenged individual.

(3) The notice required under subrule (2)(b) of this rule must comply with the following:

(a) Be sent by registered or certified mail to the last registered or known address for the challenged individual.

(b) Include the grounds for the challenge.

(c) Inform the challenged individual that they have 30 days after the day immediately following the date of mailing the notice to respond to the challenge.

(d) Inform the challenged individual that failure to respond within 30 days results in the informed individual’s registration being cancelled.

(4) To respond to a challenge, a challenged individual may do any 1 of the following:

(a) Appear in person before the clerk to take an oath and answer questions confirming that the challenged individual is qualified to be a registered voter where they are currently registered.

(b) Submit a notarized affidavit to the clerk confirming that the challenged voter is qualified to be a registered voter where they are currently registered.

(c) Respond to the notice and confirm that the challenged individual is not qualified to vote and that their voter registration must be cancelled.

(5) If a challenged individual fails to respond to the challenge as explained in subrule (4) of this rule within 30 days after the day immediately following the date of mailing the notice, the clerk shall cancel the individual’s registration.

(6) If a challenged individual responds to the challenge to confirm that their voter registration must be cancelled, the clerk shall cancel the individual’s registration.

(7) If the challenged voter appears in person as specified under subrule (4)(a) of this rule or submits a notarized affidavit as specified under subrule (4)(b) of this rule and indicates that they are qualified to be a registered voter, the challenge process is complete, the challenge flag in the voter registration database is removed, and the individual remains registered.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.260 Registration cancellation not requiring notice and waiting period {#sec-r-168.260 omnilex-key=us-mi-regs-official--dept-state--R 168.260}

Rule 10. A voter’s registration must be cancelled immediately without sending a confirmation or cancellation notice only when any of the following occur:

(a) The individual voter requests cancellation. An individual’s request to cancel their registration to vote must be in writing and signed by the individual.

(b) The individual voter confirms they are no longer a resident of the jurisdiction. This confirmation could be in the form of a signed letter from the voter or a signed response to a confirmation notice.

(c) An election official from a jurisdiction outside of this state informs the clerk that the individual voter has registered to vote in another state, and the election official forwards the clerk a copy of a registration application signed by the individual that includes the individual’s previous address in this state.

(d) An individual voter is challenged and questions directed to that individual voter by an election inspector at the polls on election day or during early voting reveal that the individual voter is not qualified to vote in the jurisdiction.

(e) The clerk verifies that the individual voter has died.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.261 Duplicate voter registrations {#sec-r-168.261 omnilex-key=us-mi-regs-official--dept-state--R 168.261}

Rule 11. When an individual’s registration is identified as duplicate, the clerk shall submit a merge request through the voter registration database to merge the voter registrations.

This merge combines the records into 1 record and maintains the individual voter’s registration to vote.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

Mich. Admin. Code R 168.262 Correcting voter registration records {#sec-r-168.262 omnilex-key=us-mi-regs-official--dept-state--R 168.262}

Rule 12. (1) A clerk shall take steps to notify a registered individual if the clerk becomes aware of a deficiency in their voter registration record.

(2) If a deficiency is the result of an administrative error, such as a registration that is submitted with both a mailing address and a residential address, but the mailing address is erroneously entered into the voter registration database as the residential address, the clerk shall correct the individual’s voter registration record.

History

History: 2026 MR 4, Eff. Feb. 23, 2026.

R 168.301 to R 168.324 Campaign Finance Committees

Mich. Admin. Code R 168.301 Definitions {#sec-r-168.301 omnilex-key=us-mi-regs-official--dept-state--R 168.301}

DEPARTMENT OF STATE

ELECTIONS & CAMPAIGN FINANCE

CAMPAIGN FINANCE COMMITTEES

(By authority conferred on the secretary of state by section 15 of the Michigan campaign finance act, 1976 PA 388, MCL 169.215)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to 169.282.

(b) “Asset” means the funds of a committee and any goods and services purchased with committee funds and in-kind contributions of goods or services.

(d) “Formation” in the context of when a committee is formed, means when a treasurer is selected, a depository is selected, and all information required to complete the statement of organization form is available.

(e) “Third-party contribution platform” means any organization that accepts donations from individual donors who identify campaigns or issues that the individual donors wish to support and who pay money to the organization for purposes of earmarking the individual donor’s donations for support of the identified campaign or issue and the organization delivers the donations to the identified campaigns or issues after deducting a processing or similar fee that it retains. Examples of third-party contribution platforms include, but are not limited to, the following:

(i) ActBlue.

(ii) WinRed.

(iii) GoFundMe.

(f) “Record keeper” means an individual designated by a committee on the statement of organization as responsible for the committee’s record keeping, report preparation, or report filing and who keeps detailed accounts, records, bills, and receipts as required to substantiate the information contained in any statement or report required to be filed under the act.

(2) The terms defined in the act have the same meaning when used in these rules.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.302 Record keeper {#sec-r-168.302 omnilex-key=us-mi-regs-official--dept-state--R 168.302}

Rule 2. (1) A record keeper of a committee can be any individual, including a candidate.

(2) A record keeper cannot be a company or a firm.

(3) A record keeper may sign the committee’s campaign statements in place of the committee treasurer.

(4) Judicial participation as a record keeper is governed by the Michigan Code of Judicial Conduct.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.303 Committee treasurer; appointment {#sec-r-168.303 omnilex-key=us-mi-regs-official--dept-state--R 168.303}

Rule 3. (1) A committee shall appoint a treasurer before filing a statement of organization.

(2) Judicial participation as a treasurer is governed by the Michigan Code of Judicial Conduct.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.304 Judicial appointments {#sec-r-168.304 omnilex-key=us-mi-regs-official--dept-state--R 168.304}

Rule 4. (1) Except as provided in subrule (3), on the day an appointed judge takes the oath of office, the appointed judge becomes a candidate as defined by section 3 of the act, MCL 169.203, due to holding elective office.

(2) As a candidate, the appointed judge shall do both of the following:

(a) Form a candidate committee within 10 days of taking the oath of office as provided in section 21 of the act, MCL 169.221.

(b) Register the committee by filing a statement of organization within 10 days of forming the candidate committee as provided in section 24 of the act, MCL 169.224.

(3) An appointed judge who takes the oath of office but is constitutionally or legally barred from seeking reelection does not become a candidate.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.305 Statement of organization; registration requirement and filing {#sec-r-168.305 omnilex-key=us-mi-regs-official--dept-state--R 168.305}

Rule 5. (1) All committees shall register with the appropriate filing official using the statement of organization form designated by the department for that committee type.

(2) Original statements of organization must be submitted to the filing official bearing the handwritten signatures of the committee treasurer and, for a candidate committee, the candidate as required by sections 18 and 18a of the act, MCL 169.218 and 169.218a.

(3) Committees that file with the state access the original statement of organization form through the department’s electronic filing and internet disclosure system.

(4) A committee supporting a candidate for federal office and a candidate for office in this state shall file a statement of organization for the committee of the candidate for office in this state.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.306 Candidate committee statement of organization; who shall sign {#sec-r-168.306 omnilex-key=us-mi-regs-official--dept-state--R 168.306}

Rule 6. (1) The candidate and the treasurer shall sign the candidate committee’s statement of organization.

(2) The record keeper shall sign the candidate committee’s statement of organization if the candidate committee is using a record keeper.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.307 Other committee types statement of organization; who shall sign {#sec-r-168.307 omnilex-key=us-mi-regs-official--dept-state--R 168.307}

Rule 7. (1) The treasurer shall sign the committee’s statement of organization.

(2) The record keeper shall sign the committee’s statement of organization if the committee is using a record keeper.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.308 Statement of organization; designation of committee name {#sec-r-168.308 omnilex-key=us-mi-regs-official--dept-state--R 168.308}

Rule 8. (1) A statement of organization, filed by a committee that is commonly known by initials only, must state the full name of the committee. After the statement of organization is filed, filing of reports and amendments may designate the name of the committee by initials only.

(2) A committee shall have a unique name and shall not use the same name as an existing committee. A committee has the same name if it has insufficient distinguishing features including, but not limited to, differentiation based only on a numeral or letter.

(3) As used in this rule, “existing committee” does not include a committee that has been dissolved.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.309 Statement of organization; receipt; acknowledgment; identification number {#sec-r-168.309 omnilex-key=us-mi-regs-official--dept-state--R 168.309}

Rule 9. On receipt of a statement of organization, the filing official shall assign an identification number to the filing committee, acknowledging receipt of the filing, and notify the committee of the identification number. The identification number must be entered by the committee on each page of the subsequent statements or reports filed and on communications concerning statements or reports.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.310 Amendments to statement of organization {#sec-r-168.310 omnilex-key=us-mi-regs-official--dept-state--R 168.310}

Rule 10. (1) If there is a change to 1 or more of the items on the statement of organization, the committee is required to report the change or changes to the committee’s filing official by filing an amended statement of organization no later than the due date of the next campaign statement filing deadline.

(2) Committees that file with the state access the form for amending a statement of organization through the department’s electronic filing and internet disclosure system.

(3) Committees that file with the state shall use the department’s electronic filing and internet disclosure system to amend a statement of organization if the committee received or expended $5,000.00 or more in the preceding calendar year or expects to receive or expend $5,000.00 or more in the current calendar year.

(4) If an amendment to a statement of organization changes the committee treasurer or record keeper, the committee shall submit handwritten signatures of the new treasurer or record keeper to the department.

(5) Committees that file at the county level shall file any amendment to a statement of organization in the manner instructed by the county consistent with section 18a of the act, MCL 169.218a.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.311 Committee treasurer; vacancy {#sec-r-168.311 omnilex-key=us-mi-regs-official--dept-state--R 168.311}

Rule 11. (1) A vacancy in the role of committee treasurer is created by death, resignation, or removal from office of the appointing authority.

(2) A committee treasurer who has resigned or who has otherwise ceased to act as committee treasurer shall notify the filing official of that fact in writing.

(3) The committee shall appoint a new treasurer before it may accept contributions or make expenditures as required by section 21 of the act, MCL 169.221.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.312 Death of candidate; candidate committees {#sec-r-168.312 omnilex-key=us-mi-regs-official--dept-state--R 168.312}

Rule 12. (1) If the death of a candidate creates a vacancy in the role of committee treasurer and the committee also has a record keeper the committee record keeper shall attempt to identify next of kin or an authorized representative, such as the executor of the estate or legal counsel, to work with the filing official to dissolve the committee.

(2) If the death of a candidate creates a vacancy in the role of committee treasurer and the committee does not have a record keeper or the record keeper is unable to identify an appropriate individual, the filing official may identify next of kin or an authorized representative, such as the executor of the estate or legal counsel, to dissolve the committee.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.313 Independent expenditure committees; registration {#sec-r-168.313 omnilex-key=us-mi-regs-official--dept-state--R 168.313}

Rule 13. (1) Independent expenditure committees, defined in section 9(2) of the act, MCL 169.209, include what is commonly referred to as a “Super PAC,” where “PAC” is an acronym for political action committee.

(2) Corporations, joint stock companies, labor unions, domestic dependent sovereigns, and other groups formed by 1 or more persons may use general treasury funds for independent expenditures.

(3) A corporation, joint stock company, labor union, or domestic dependent sovereign that solicits contributions to make an independent expenditure in this state and spends or receives more than $500.00 in a calendar year shall register as an independent expenditure committee.

(4) A corporation, joint stock company, labor union, or domestic dependent sovereign that solicits contributions to make an independent expenditure in this state and spends or receives more than $100.00 but less than $500.00 in a calendar year is not required to register as an independent expenditure committee but shall file an independent expenditure report.

(5) A corporation, joint stock company, labor union, or domestic dependent sovereign that does not solicit contributions to make an independent expenditure in this state and makes an independent expenditure in any amount is not required to register as an independent expenditure committee but shall file an independent expenditure report.

(6) A corporation, joint stock company, labor union, or domestic dependent sovereign that does not solicit contributions to make an independent expenditure in this state and uses general treasury funds to give money to an independent expenditure committee based in this state or a ballot question committee is not required to register as an independent expenditure committee and is not required to file an independent expenditure report.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.314 Dissolution statement; eligibility {#sec-r-168.314 omnilex-key=us-mi-regs-official--dept-state--R 168.314}

Rule 14. (1) A committee that determines it will no longer receive contributions or make expenditures may dissolve by filing a form prescribed by the department to request dissolution.

(2) A dissolution must consist of a campaign statement that covers the period from the closing date of the last report filed to the date of dissolution and must include a statement as to the disposition of any residual assets and a statement disclosing the payment or forgiveness of any debts.

(3) Committees that are required to file campaign statements electronically shall file a dissolution request campaign statement electronically.

(4) Committees with a reporting waiver shall request dissolution using the dissolution campaign statement form designed by the department.

(5) Before dissolution, a committee shall do all of the following:

(a) Disburse all remaining assets.

(b) Resolve any debts. Campaign committees that have outstanding debts to the committee itself may forgive those outstanding debts.

(d) File all outstanding campaign statements.

(e) Answer all outstanding notice or notices of error or omission.

(6) An officeholder cannot dissolve the officeholder’s candidate committee until the officeholder’s term of office expires or the officeholder vacates the office unless the officeholder is not qualified to seek reelection.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.315 Candidate committees {#sec-r-168.315 omnilex-key=us-mi-regs-official--dept-state--R 168.315}

Rule 15. After an official leaves public office and is no longer eligible for reelection or a candidate ends the candidate’s candidacy and wishes to dissolve the candidate’s candidate committee, the candidate committee shall not accept donations or make disbursements, except to dispose of debts already incurred.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.316 Automatic dissolution of candidate committees {#sec-r-168.316 omnilex-key=us-mi-regs-official--dept-state--R 168.316}

Rule 16. (1) A filing official may automatically dissolve a candidate committee with a reporting waiver when an officeholder vacates office or when a candidate is defeated in the election if the candidate committee meets all of the eligibility criteria for dissolution as stated in R 168.313.

(2) A committee that qualifies for automatic dissolution is not dissolved if the candidate notifies the filing official in writing that it intends to keep the committee active.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.317 Disbursement of committee assets for dissolution {#sec-r-168.317 omnilex-key=us-mi-regs-official--dept-state--R 168.317}

Rule 17. (1) Unexpended candidate committee funds must be disbursed as provided by section 45 of the act, MCL 169.245, and R 168.367 to R 168.369. Unexpended committee funds for other committee types must be disbursed by any legal means, which includes anything the committee would have done during normal committee operations.

(2) Assets purchased with money donated to a committee must be disbursed in 1 of the following ways:

(a) Sold at fair market value. As used in this rule, “fair market value” is the price that an asset of like type, quality, age, and quantity would bring in a particular market at the time of acquisition.

(b) Donated to a tax-exempt charity.

(3) If a committee donates any of its remaining assets to a tax-exempt charity, it shall provide verification of the disposition to the committee’s filing official. Verification may be in the form of a receipt or letter or acknowledgement on the charity’s letterhead.

(4) A public official or candidate may purchase, at fair market value, an asset that was purchased with money donated to a committee that the committee is selling in order to dissolve.

(5) Remaining committee assets with negligible fair market value may be retained or disposed of by the committee in any manner the committee determines is appropriate.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.318 Administrative discretion to grant dissolution {#sec-r-168.318 omnilex-key=us-mi-regs-official--dept-state--R 168.318}

Rule 18. (1) The department may approve a committee’s dissolution request if it complied with the conditions for dissolution set out in R 168.312 and the act at the time of its dissolution request but due to delay in processing the request, the committee no longer meets all conditions for dissolution.

(2) The department has discretion to waive any late filing fees as a result of not dissolving to allow dissolution.

(3) The department has discretion to craft other remedies for circumstances arising after a dissolution request but before dissolution can take place.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.319 Third-party contribution platforms {#sec-r-168.319 omnilex-key=us-mi-regs-official--dept-state--R 168.319}

Rule 19. (1) Third-party contribution platforms do not register as committees.

(2) Committees that receive a contribution through a third-party contribution platform shall report the contribution as being received from the individual who sent the money using the third-party contribution platform.

(3) Committees reporting contributions received through a third-party contribution platform shall report the full amount of the contribution received from the individual.

(4) Committees shall separately report any funds paid to or retained by the third-party contribution platform as direct expenditures.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.320 Applicability {#sec-r-168.320 omnilex-key=us-mi-regs-official--dept-state--R 168.320}

Rule 20. (1) R 168.321 to R 168.324 govern solicitations of contributions by, and campaign contribution limits on, political committees and independent committees established by a corporation, joint stock company, domestic dependent sovereign, or labor organization, including a parent, subsidiary, branch, division, department, or local unit of a corporation, joint stock company, domestic dependent sovereign, or labor organization, under the act.

(2) All contributions made by a political committee or an independent committee that is established by any corporation, joint stock company, domestic dependent sovereign, or labor organization, including any parent, subsidiary, branch, division, department, or local unit thereof, is considered to be made by a single independent committee.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.321 Contribution limitations {#sec-r-168.321 omnilex-key=us-mi-regs-official--dept-state--R 168.321}

Rule 21. (1) All affiliated political committees share a single contribution limitation for purposes of section 52 of the act, MCL 169.252.

(2) All affiliated independent committees share a single contribution limitation for purposes of section 52 of the act, MCL 169.252.

(3) All affiliated political committees and independent committees share a single contribution limitation for purposes of section 52 of the act, MCL 169.252.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.322 Affiliated organizations {#sec-r-168.322 omnilex-key=us-mi-regs-official--dept-state--R 168.322}

Rule 22. (1) All political committees and independent committees established, financed, maintained, or controlled by the same corporation, joint stock company, domestic dependent sovereign, or labor organization, including a parent, subsidiary, branch, division, department, or local unit of the corporation, company, organization, are affiliated.

“Local unit” may include, in appropriate cases, a franchise, licensee, or state or regional association.

(2) Affiliated committees sharing a single contribution limitation include all of the committees established, directed, controlled, or financially supported by 1 of the following entities:

(a) A single for profit corporation or joint stock company, including its subsidiaries.

(b) A single national or international union, including its subordinate organizations, such as local unions, branches, divisions, or departments. “Subordinate organizations” does not include an independent labor organization that is voluntarily associated with another independent labor organization.

(d) A non-profit corporation, including trade or professional associations and related state and local entities of the corporation.

(e) A domestic dependent sovereign.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.323 Hearings {#sec-r-168.323 omnilex-key=us-mi-regs-official--dept-state--R 168.323}

Rule 23. (1) A corporation, joint stock company, domestic dependent sovereign, labor organization, or committee that is aggrieved by the application of section 52(10) of the act, MCL 169.252, or R 168.321 or R 168.322 may request a hearing to determine if the grievant is affiliated with another corporation, joint stock company, domestic dependent sovereign, labor organization, or committee. A request for hearing must be filed with the Department of State, Bureau of Elections, 430 West Allegan Street, Lansing, Michigan 48918.

(2) A request for hearing must be made in writing and include a statement of the grounds for appeal and a clear and concise statement of the facts and law relied on and the relief sought. The request must include full and complete copies of each constitution, charter, bylaw, contract, regulation, accounting procedure, fee structure, and other document bearing on the organizational subordination or independence of the corporation, joint stock company, labor organization, or committee requesting the hearing.

(3) The hearing must be conducted in accordance with the procedures in contested cases set forth in chapter 4 of the administrative procedures act, 1969 PA 306, MCL 24.271 to 24.288.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.324 Final decisions {#sec-r-168.324 omnilex-key=us-mi-regs-official--dept-state--R 168.324}

Rule 24. If a hearing is requested under R 168.323, the bureau of elections shall issue a final decision within 60 days after it receives the request. If the person requesting the hearing seeks and is granted an adjournment, then the 60-day period for issuing a final decision must be extended by the number of days that the hearing is adjourned. The 60day period only applies if a complete request for a hearing has been received under R 168.323(2).

History

History: 2026 MR 11, Eff. June 15, 2026.

R 168.351 to R 168.376 Campaign Finance Reports, Contributions, and Expenditures

Mich. Admin. Code R 168.351 Definitions {#sec-r-168.351 omnilex-key=us-mi-regs-official--dept-state--R 168.351}

DEPARTMENT OF STATE

ELECTIONS & CAMPAIGN FINANCE

CAMPAIGN FINANCE REPORTS, CONTRIBUTIONS, AND EXPENDITURES

(By authority conferred on the secretary of state by section 15 of the Michigan campaign finance act, 1976 PA 388, MCL 169.215)

PART 1. REPORTING

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan campaign finance act, 1976 PA 388, MCL 169.201 to MCL 169.282.

(b) “Department” means the department of state, bureau of elections.

(c) “Joint fundraiser” means a fundraiser held by a committee with 1 or more persons other than an individual. The fundraiser triggers joint fundraising reporting obligations under section 44 of the act, MCL 169.244.

(d) “Late contribution report” means the report required by section 32 of the act, MCL 169.232. Also known as a 48-hour report or immediate contribution report.

(2) The terms defined in the act have the same meaning when used in these rules.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.352 Submission and timeliness {#sec-r-168.352 omnilex-key=us-mi-regs-official--dept-state--R 168.352}

Rule 2. (1) For reports filed with the department both of the following apply:

(a) If filing via paper, only the original is required.

(b) Except for the statement of organization, if filing electronically, no paper copy is required.

(2) For reports filed with the county clerk, filers may consult the filer’s applicable county clerk.

(3) Timeliness for paper filings is as follows:

(a) Any statements that are hand delivered or sent by first-class mail must reach the appropriate filing official before 5:00 p.m. on the due date. The postmark for first-class mail does not guarantee timeliness of the filing.

(b) Timeliness for registered, certified mail, express, or other overnight delivery service is provided in section 16(9) of the act, MCL 169.216. If the filing is lost in the mail, the committee shall provide a copy of the mail receipt and a copy of the lost statement.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.353 Recording and reporting contributions from same contributor {#sec-r-168.353 omnilex-key=us-mi-regs-official--dept-state--R 168.353}

Rule 3. A committee treasurer shall record and report each contribution from the same contributor under the identical name used to record the original contribution.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.354 Reporting unpaid debts {#sec-r-168.354 omnilex-key=us-mi-regs-official--dept-state--R 168.354}

Rule 4. An unpaid debt of a committee must be reported until paid or discharged.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.355 Reporting expenditure; notation on receipt or cancelled check {#sec-r-168.355 omnilex-key=us-mi-regs-official--dept-state--R 168.355}

Rule 5. A notation stating the purpose of the expenditure must be included with any receipt, credit card statement, record of electronic payment, such as transaction history in a software program designed to allow the sending and receiving of money, or cancelled check, or any copy of the materials that are used to vouch for an expenditure.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.356 Cash or cash equivalents on hand following election; reporting {#sec-r-168.356 omnilex-key=us-mi-regs-official--dept-state--R 168.356}

Rule 6. (1) The cash on hand at the beginning of an accounting period must be part of the aggregate receipts for the next ensuing election, but need not be further itemized.

(2) A committee shall not qualify for a reporting waiver if the committee has cash on hand in excess of the amount specified in section 24(5) or 24(6) of the act, MCL 169.224, as applicable to the committee.

(3) As used in this rule and R 168.376, “cash” includes donations received by cash, credit card, or other electronic payment.

History

History: 2026 MR 11, Eff. June 15, 2026.

Rule 7. (1) A committee using paid social media communications shall do both of the following:

(a) Report the maximum authorized expenditure as the expenditure amount.

(b) Indicate as the date of expenditure the date the committee agrees to pay for the social media communications.

(2) If the amount expended is less than the maximum authorized expenditure, the committee may amend the statement.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.358 Joint fundraising; general; written agreement {#sec-r-168.358 omnilex-key=us-mi-regs-official--dept-state--R 168.358}

Rule 8. (1) A committee may hold a joint fundraiser with 1 or more persons, other than an individual, as long as the percentage of the receipts received and expenditures made in connection with the event do not exceed any applicable contribution limit or allow for any prohibited contributions to any of the participants.

(2) Before the date of a joint fundraiser, participants must sign a written agreement, and a copy of the agreement must be retained with each committee’s records for 5 years and available on request. The written agreement must do all of the following:

(a) Describe as a percentage of what each participant’s receipt and expenditure share is, subject to limitations in the act, using either of the following breakdowns:

(i) Joint fundraisers between candidate committees or any committee type that has a contribution limit must share receipts and expenditures proportionately, so that the committee’s expenditures are an equivalent percentage to that committee’s contributions and other receipts.

(ii) Committee types that are allowed to receive unlimited contributions and contribute to each other, such as political action committees and political party committees or independent expenditure committees and ballot question committees, can share receipts and expenditures disproportionately.

(b) Specify whether each committee will pay the committee’s proportional share when each expenditure is made or 1 participant will make all the expenditures and receive reimbursement, within a reasonable amount of time as specified in the agreement, from the other participants for the participant’s proportional share of the expenditure.

(c) Designate a joint account established in a bank, credit union, or savings and loan association that will be used as the committee’s secondary depository for the joint fundraiser.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.359 Joint fundraising; treasurer or designated record keeper requirements {#sec-r-168.359 omnilex-key=us-mi-regs-official--dept-state--R 168.359}

Rule 9. (1) The treasurer or designated record keeper of a committee participating in a joint fundraiser shall do both of the following regarding receipts:

(a) To fulfill the recording requirement, each participating committee shall include in the participating committee’s records both the full amount of any receipt received and the proportional share that will be transferred associated with the joint fundraiser.

(b) To fulfill the reporting requirement, each participating committee shall only disclose the amount of the participating committee’s proportional share received, not the full amount received, on the corresponding campaign statement.

(2) The treasurer or designated record keeper of a committee participating in a joint fundraiser shall do both of the following regarding expenditures:

(a) If the committees agree to each pay the proportional share when each expenditure is made, both of the following:

(i) To fulfill the recording requirement, each participating committee shall include in the participating committee’s records both the full amount of any expenditure and the proportional share that it will make according to the joint fundraiser agreement.

(ii) To fulfill the reporting requirement, each participating committee shall only disclose the amount of the participating committee’s proportional share, not the full amount of the expenditure, on the corresponding campaign statement, including a description that makes it clear it is a joint fundraiser expense.

(b) If the committees agree that 1 participant will make all of the expenditures and receive reimbursement, within a reasonable amount of time as specified in the agreement, from the other participants for the participant’s proportional share of the expenditure, both of the following:

(ii) To fulfill the reporting requirement, the committee designated to make all of the expenditures shall disclose the full amount of each expenditure that is associated with the joint fundraiser on the corresponding campaign statement with a description that makes it clear that it is a joint fundraiser expense. In addition, this committee shall also report “Other Receipts” received from each of the other participating committees with a description that makes it clear that it is a reimbursement for a joint fundraiser expense.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.360 Late contributions; late contribution report {#sec-r-168.360 omnilex-key=us-mi-regs-official--dept-state--R 168.360}

Rule 10. (1) All types of contributions that meet the definition of contribution in section 4 of the act, MCL 169.204, must be reported in the late contribution report. This includes contributions of money, loans, and in-kind contributions of goods or services.

(2) A late contribution report must be filed with the same filing official that accepted the committee’s statement of organization. State-level committees shall file with the department and local-level committees shall file with the applicable county clerk.

(3) The filing official shall receive the late contribution report within 48 hours after the committee’s receipt of the contribution. A contribution is received by a committee on the date that the monetary funds, written instrument, or in-kind contribution of goods from the contributor have come into the physical possession of the committee treasurer, designated record keeper, or other person acting as an agent of the committee.

(4) The late contribution report and campaign statement must indicate the same date of receipt for the late contribution.

(5) A reporting waiver does not exempt a committee from filing a late contribution report.

PART 2. CONTRIBUTIONS

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.361 In-kind contributions {#sec-r-168.361 omnilex-key=us-mi-regs-official--dept-state--R 168.361}

Rule 11. (1) The value of an in-kind contribution is the amount that could usually be received in the open market for goods and services. The value of an in-kind contribution that is loaned or allowed to be used is the fair market rental value of the item or services.

(2) A committee that is charged less than the fair market value or fair rental value of an item or services shall report the difference between the amount charged and the fair market value or fair rental value as an in-kind contribution.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.362 Online contributions; contributions by credit card {#sec-r-168.362 omnilex-key=us-mi-regs-official--dept-state--R 168.362}

Rule 12. (1) Online contributions must be reported as being received on the day the electronic contribution is made to the online service provider regardless of whether the contribution has been received. These contributions must be itemized.

(2) Any fees associated with using this service must be reported as an expenditure and not deducted from the contribution amount.

(3) If receiving a payment by credit card:

(a) The candidate shall report the service charge as a campaign expenditure.

(b) A committee shall report the service charge as an expenditure if paid from the campaign account or as an in-kind contribution received from the committee’s associated organization.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.363 Prohibited contributions; cryptocurrency {#sec-r-168.363 omnilex-key=us-mi-regs-official--dept-state--R 168.363}

Rule 13. (1) A committee shall not accept cryptocurrency contributions. Because cryptocurrency does not have ascertainable monetary value and is generally anonymous, it is not a valid contribution under section 4 of the act, MCL 169.204.

(2) Cryptocurrency is not a valid secondary depository under section 21 of the act, MCL 169.221.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.364 Prohibited contributions; corporate contributions {#sec-r-168.364 omnilex-key=us-mi-regs-official--dept-state--R 168.364}

Rule 14. A corporation is prohibited from making a contribution to a committee with the exception of independent expenditure committees and ballot question committees. A corporation may make an independent expenditure.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.365 Prohibited contributions; directed contributions {#sec-r-168.365 omnilex-key=us-mi-regs-official--dept-state--R 168.365}

Rule 15. Subject to R 168.358 or R 168.319, a person shall not make a contribution to another person with the agreement or arrangement that the person receiving the contribution must transfer that contribution to a particular person.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.366 Contribution; partnerships; reporting {#sec-r-168.366 omnilex-key=us-mi-regs-official--dept-state--R 168.366}

Rule 16. (1) A contribution drawn on a partnership account must be attributed to the partners as individuals, and not to the partnership, if the contribution is accompanied by a written statement containing the name and address of each contributing partner and the amount of each partner's contribution. The statement must include the occupation, employer, and principal place of business of each individual who is a member of the partnership and contributed $100.01 or more for that election.

(2) A committee that receives a written statement attributing a partnership contribution to the partners as individuals shall report the contribution as if the committee had received a separate contribution from each individual.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.367 Transfer of funds; state or local candidate committee to state or local candidate committee of the same candidate {#sec-r-168.367 omnilex-key=us-mi-regs-official--dept-state--R 168.367}

Rule 17 (1) Transfers from 1 state or local candidate committee to another state or local candidate committee of the same candidate are contributions, and unexpended funds may be transferred if both of the following apply:

(a) The contribution limits for the candidate committee receiving the funds are equal to or greater than the contribution limits for the candidate committee transferring the funds.

(b) The candidate committees are simultaneously held by the same person.

(2) If the candidate is not a term-limited officeholder and the transferring committee raises the funds after the candidate has formed or was required to have formed a new candidate committee to run for a different office, an acceptable accounting method must be used to identify the persons that contributed the transferred funds and the amount of each person’s contribution. The amount attributed to each person must be counted towards that person’s contribution limit to the candidate committee receiving the transferred funds. The preferred accounting method to be used is Last-In-First-Out, or “LIFO”. Other proposed accounting methods must first be submitted to the department for approval.

(3) If the candidate is a term-limited officeholder and the transferring committee raises funds after the general election at which the officeholder was elected to the officeholder’s final term of office, an acceptable accounting method must be used to identify the persons who contributed the transferred funds and the amount of each person’s contribution. The amount attributed to each person must be counted towards that person’s contribution limit to the candidate committee receiving the transferred funds. The preferred accounting method is LIFO. Other proposed accounting methods must first be submitted to the department for approval.

(4) Contributions received by a committee during a previous election cycle do not have to be itemized and may be transferred as a lump sum.

(5) An otherwise-eligible transfer under this rule is prohibited if it would result in an excess contribution.

(6) Outstanding debt must not be transferred from 1 candidate committee to another candidate committee. Debt must be paid or, if it qualifies, forgiven before dissolution of a committee.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.368 Transfer of funds; federal candidate committee to state or local candidate committee of the same candidate {#sec-r-168.368 omnilex-key=us-mi-regs-official--dept-state--R 168.368}

Rule 18. (1) Transfers from a federal candidate committee to a state or local candidate committee of the same candidate are contributions, and unexpended funds may be transferred if all of the following apply:

(a) Federal law and rules allow for the transfer.

(b) The contribution limits for the state or local candidate committee receiving the funds are equal to or greater than the contribution limits for the federal candidate committee transferring the funds.

(c) The funds coming from the federal candidate committee have been raised in compliance with the act. This means that if the federal committee has received prohibited funds, such as non-affirmative consent funds or corporate funds, those contributions must be segregated by a reasonable accounting method and are not eligible to be transferred to the state or local candidate committee.

(2) The transferring federal candidate committee shall report the transfer of funds as required by federal law. The recipient state or local candidate committee shall report the transferred funds as follows:

(a) If the funds were raised by the federal candidate committee after the candidate formed or was required to have formed a new candidate committee to run for state or local office and therefore required to be itemized, the committee shall report receipt of the transferred funds by attributing each of the original contributors, the amount from each person, and the date of the transfer as the date of the contribution on the designated schedule. A letter must be submitted with the campaign statement detailing which contributions have been transferred and showing the original contribution dates reported in the transferring committee’s campaign statements. An attached document or file, such as an Excel spreadsheet, can be used to provide this information.

(b) If the funds are not required to be itemized and attributed to a specific contributor, the state or local candidate committee reports receipt of the transferred amount as a lump sum on the designated schedule. The source of the other receipt must be reported as the transferring committee and the type of receipt must be indicated as “Other: transfer of unexpended funds” with the date and amount of the transfer.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.369 Transfer of funds; prohibited {#sec-r-168.369 omnilex-key=us-mi-regs-official--dept-state--R 168.369}

Rule 19. (1) Because a federal candidate committee is not considered a candidate committee under the act, unexpended funds must not be transferred from a state or local candidate committee to a federal candidate committee of the same candidate.

(2) As provided in section 71 of the act, MCL 169.271, a state or local candidate committee shall not transfer funds from a state or local candidate committee to a state or local candidate committee if the candidates are different candidates.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.370 Printed material or online advertising or other campaign media; identification or disclaimer; exemption {#sec-r-168.370 omnilex-key=us-mi-regs-official--dept-state--R 168.370}

Rule 20. (1) Printed material having reference to an election, a candidate, or a ballot question must bear the identification or disclaimer, or both, provided in section 47 of the act, MCL 169.247, in a place and in a print clearly visible to and readable by an observer, as provided in subrule (2) of this rule. Printed material includes online advertising if the material is produced or promoted for a fee on a website or digital device, application, service, or platform. Other mediums used for campaign purposes, including campaign text messages, must clearly and unequivocally include the identification or disclaimer, or both, provided in section 47 of the act, MCL 169.247.

(2) The identification required by section 47 of the act, MCL 169.247, for printed material must include the words "Paid for by," followed by the full name of the person or committee paying for the printed material and either of the following:

(a) The person’s or committee’s full mailing address.

(b) The person’s or committee’s full web address if the full mailing address of the person or committee paying for the printed material appears on the homepage of the web address provided.

(3) If a disclaimer is required, the identification statement must be followed by the phrase, "Not authorized by any candidate committee."

(4) Printed material may be exempted from the identification or disclaimer requirement, or both, if the size of the item makes it unreasonable to add the identification, disclaimer, or both. Size exemptions apply as follows:

(a) Printed material with a surface area of 4 square inches or less is exempt from the identification or disclaimer requirement, or both, as the size makes it unreasonable for inclusion.

(b) For printed material with a surface area of more than 4 square inches where the person or committee seeks an exemption, the request for an exemption must be submitted in writing to the department, describe the printed material for which the exemption is sought, and provide the rationale for the exemption. The request must be made available for public inspection within 2 business days after its receipt. An interested person may submit written comments regarding the request to the department no later than 5 business days after the request is made available to the public. The secretary, or the secretary’s designee, shall provide a final response to the requester no later than 5 business days after the closing of public comments. The secretary, or the secretary’s designee, may extend this deadline by 10 business days on the showing of good cause.

PART 3. EXPENDITURES

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.371 Advocacy standards in election communications {#sec-r-168.371 omnilex-key=us-mi-regs-official--dept-state--R 168.371}

Rule 21. (1) A communication is an expenditure if it in express words advocates the election or defeat of a clearly identified candidate as provided in section 6(2)(j) of the act, MCL 169.206.

(2) A communication is an expenditure if it supports or opposes a ballot question by name or clear inference as provided in section 6(2)(b) of the act, MCL 169.206. A communication supports or opposes a ballot question by name or clear inference for purposes of this subrule if either of the following apply:

(a) It in express words advocates for the election or defeat of the ballot question, regardless of when the communication is made.

(b) It refers by name or clear inference to a ballot question with words of support or opposition, it is targeted to the relevant electorate, and it is made within 60 days before an election at which the ballot question is considered by electors.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.372 Expenditures incurred as a direct result of candidacy or officeholding activity {#sec-r-168.372 omnilex-key=us-mi-regs-official--dept-state--R 168.372}

Rule 22. (1) In addition to the nonexhaustive list of allowable expenditures in section 6 of the act, MCL 169.206, campaign funds may be used for expenses incurred as a direct result of candidacy or officeholding activity and that would not exist but for the individual’s status as candidate or officeholder, including, but not limited to, all of the following:

(a) Occasional or regular childcare expenses.

(b) Overnight childcare expenses if the candidate or officeholder is conducting campaign activities and the candidate or officeholder’s spouse or family support are likewise unavailable for reasons unrelated to the candidate or officeholder’s campaign.

(c) Eldercare or other caregiving expenses if the candidate or officer is the primary caregiver for the individual requiring caregiving. A candidate or officeholder is the primary caregiver if the individual would not receive necessary care in the candidate or officeholder’s absence.

(d) Physical security expenses including, but not limited to, purchase and maintenance of a security system or ballistic vest.

(e) Medical personal protective equipment.

(2) An expenditure described in subrule (1) of this rule must be included in campaign finance reports with a description of the specific campaign or officeholder activity that incurred the expense. For example, “Childcare for weekly campaign strategy meeting” or “Facemask for constituent meeting.”

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.373 Expenditures not included in limitation in section 67(1) of the act, MCL 169.267 {#sec-r-168.373 omnilex-key=us-mi-regs-official--dept-state--R 168.373}

Rule 23. Expenditures made with moneys other than those received from the state campaign fund which must not be included for purposes of determining whether the limit described in section 67(1) of the act, MCL 169.267, has been exceeded include, but are not limited to, the following:

(a) Expenditures necessitated by security requirements established by the director of the department of state police.

(b) Legal and accounting expenditures incurred by a committee solely for the purpose of ensuring compliance with the act by that committee.

(c) Expenditures incurred in response to a written complaint filed pursuant to the act or these rules or in response to a notice of error or omission initiated by the secretary of state.

(d) Post-election winding down expenditures after the gubernatorial primary for candidate committees not participating in the general election and after the general election for candidate committees participating in the general election, including expenditures for either of the following activities:

(i) Record storage required by section 22 of the act, MCL 169.222.

(ii) Communications with contributors or other persons that assisted in the campaign, thanking them for the assistance, if the communications occur not more than 60 days after the election.

(e) Late filing fees as assessed under the act.

History

History: 2026 MR 11, Eff. June 15, 2026.

Rule 24. (1) The affirmative consent required by section 55(6) of the act, MCL 169.255, must be given in writing and include, at a minimum, all of the following:

(a) A notice that must read as follows:

Affirmative Consent to Political Contributions Section 55(6) of the Michigan Campaign Finance Act provides that a corporation organized on a for-profit or nonprofit basis, a joint stock company, a domestic dependent sovereign, or a labor organization "may solicit or obtain contributions for a separate segregated fund established under this section from an individual described in subsection (2), (3), (4), or (5) on automatic basis, including, but not limited to, a payroll deduction plan, only if the individual who is contributing to the fund affirmatively consents to the contribution.

Affirmative consent does not expire until revoked by the individual who provided the affirmative consent."

(b) The contributor's first and last names.

(d) The frequency that the withholding is accomplished. The withholding may be per pay period, per week, per month, or per year.

(e) If applicable, other information as required by section 55(7) of the act, MCL 169.255.

(2) The written affirmative consent must be signed and dated by the contributor.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.375 Solicitations by separate segregated funds {#sec-r-168.375 omnilex-key=us-mi-regs-official--dept-state--R 168.375}

Rule 25. (1) A for-profit corporation or joint stock company may solicit the employees of its subsidiaries who have policy making, managerial, professional, supervisory, or administrative nonclerical responsibilities and those employees’ spouses.

(2) A labor organization whose membership consists of other labor organizations may solicit those individuals who are members of its member labor organizations and those members’ spouses. A labor organization whose membership consists of other labor organizations may solicit the employees of the member labor organizations who have policy making, managerial, professional, supervisory, or administrative nonclerical responsibilities and those employees’ spouses.

History

History: 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 168.376 Petty cash fund {#sec-r-168.376 omnilex-key=us-mi-regs-official--dept-state--R 168.376}

Rule 26. (1) A committee treasurer may establish a petty cash fund.

(2) A petty cash fund must be established only from funds withdrawn from a committee account.

(3) A single expenditure from a petty cash fund must not exceed $50.00.

(4) A person making payments from a petty cash fund shall maintain records of the amount and purpose of each expenditure and deliver the records to the committee treasurer.

(5) The treasurer shall include records of petty cash expenditures in regular campaign reporting.

History

History: 2026 MR 11, Eff. June 15, 2026.

R 168.771 to R 168.793 Electronic Voting Systems

Mich. Admin. Code R 168.771 Definitions {#sec-r-168.771 omnilex-key=us-mi-regs-official--dept-state--R 168.771}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

ELECTRONIC VOTING SYSTEMS

(By authority conferred on the secretary of state by sections 31, 794c, and 797b of the Michigan election law, 1954 PA 116, MCL 168.31, 168.794c, and 168.797b)

Rule 1. (1) As used in these rules:

(a) “Absent voter counting board” means an absent voter counting board as described in section 765a of the act, MCL 168.765a.

(b) “Accessible voting device” means a voting device that is accessible for an individual with disabilities as described in section 795(1)(n) of the act, MCL 168.795.

(c) “Accuracy test” means a test conducted to determine that the program and the computer being used to tabulate the results of the election count the votes in the manner prescribed by the act.

(d) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(e) “Ballot” means an approved paper form or a medium through which votes are recorded that is produced as a paper form.

(f) “Ballot container” means a ballot box, transfer case, or other container used to secure ballots, including optical scan ballots, electronic voting systems, and data during security retention, that is approved by the secretary of state and meets all of the following requirements:

(i) It is made of metal, plastic, fiberglass, or other material that provides resistance to tampering.

(ii) It is capable of being sealed with an approved seal.

(iii) It complies with other requirements described in section 24j of the act, MCL 168.24j.

(g) “Board of election inspectors” means a board of at least 3 inspectors of election as specified in section 672 of the act, MCL 168.672. At least 1 member of the board shall represent each of the 2 major political parties, and these members shall perform approval functions described in the act.

(h) “Commission” means the commission responsible for the election unless otherwise specified.

(i) “Crossover votes” means votes cast for more than 1 party in an open primary.

(j) “Duplicate ballot” means a ballot on which the word “DUPLICATE” or “DUP” and a number corresponding to the original ballot is printed, stamped, or written that is used to transfer a voter’s valid selections from the original ballot.

(k) “Election equipment” means equipment used in administering elections, including, but not limited to, a voting machine, voting device, or voting system.

(l) “Election management system” means a system that has been approved by the board of state canvassers to produce a program and produce results.

(m) “Election materials” mean materials used in administering elections, including, but not limited to, ballots, physical pollbooks, and other materials described in section 811 of the act, MCL 168.811. Election materials do not include ballot stubs.

(n) “Electronic pollbook” means computer software that receives information from the qualified voter file and is used during elections to process voters and generate reports.

(o) “Overvote” means a combination of votes, including write-in votes, which exceeds the number for which the elector is entitled to vote.

(p) “Physical pollbook” means a paper pollbook in which the election inspectors in a precinct or early voting site shall enter, in the order in which electors are given ballots, the name of each elector who is given a ballot.

(q) “Program” means the operating instructions for a voting system by which it examines, counts, tabulates, and produces the results of the votes cast on a ballot.

(r) “Qualified voter file” means the official file of voters for the conduct of all elections held in this state as described in section 509o of the act, MCL 168.509o.

(s) “Receiving board” means a board consisting of not less than 2 members of differing political party preference that reviews the election materials received from the precinct election inspectors to ensure the election materials are secured and documented properly and the precinct is in balance.

(t) “Sample ballot ” means a ballot of a distinctive color used to instruct voters on the use of the voting device. The ballot must have the words “SAMPLE BALLOT” printed or stamped on it.

(u) “Spoiled ballot” means a ballot that has been issued to a voter that cannot be tabulated and for which a new ballot has been issued.

(v) “Status report” means a report generated from each tabulator or other election equipment at the close of each day of early voting.

(w) “Tabulator” means automatic tabulating equipment that scans and accumulates results.

(x) “Totals tape” or “results report” or “summary totals tape” means a report generated from each tabulator or other election equipment after the close of polls on election day.

(y) “Voting station” or “voting booth” means a unit containing an accessible voting device or a surface that allows the voter to mark the ballot that provides privacy and blocks an individual’s view on not less than 3 sides.

(z) “Voting system” means 1 or more pieces of automatic tabulating equipment that examines, tabulates, and counts votes recorded on ballots and produces results, as specified in sections 37 and 794a of the act, MCL 168.37 and 168.794a.

(aa) “Zero tape” or “zero report” or “summary zero report” means a report generated from a tabulator or other election equipment that shows that no results have been accumulated before the tabulation of ballots.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.772 General provisions {#sec-r-168.772 omnilex-key=us-mi-regs-official--dept-state--R 168.772}

Rule 2. (1) The paper ballot procedures in the act are applicable in elections in which electronic voting systems are used, except where superseded by specific provisions of the act or these rules.

(2) A precinct in which electronic voting systems are used shall not contain more than the number of registered voters allowed by the act in a precinct.

(3) Where the board of county commissioners provides for the purchase and use of an electronic voting system in a county, the county clerk shall have custody of the devices and is responsible for their maintenance, repair, and preparation for elections.

(4) Where the legislative body of a city or township provides for the purchase and use of an electronic voting system, the clerk of the city or township shall have custody of the devices and is responsible for their maintenance, repair, and preparation for elections.

(5) Notwithstanding subrules (3) and (4) of this rule, maintenance, repair, and preparation of election equipment used in early voting must be conducted in accordance with applicable county or municipal early voting agreements.

(6) Notwithstanding another provision of these rules, the local unit shall own the program and election management system and the control of the program and election management system is vested in the county clerk. The county clerk or the county clerk's designee shall program the election management system and election equipment.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.773 Preparation of program {#sec-r-168.773 omnilex-key=us-mi-regs-official--dept-state--R 168.773}

Rule 3. (1) A program must be written to accurately tabulate a voter’s choices for each candidate, office, and measure for which the voter is lawfully entitled to vote in conformity with the act and these rules.

(2) The election commission responsible for the election shall provide necessary information to the county clerk to prepare the program.

(3) The program for an election must be completed and provided to the election commission responsible for the election in a timely manner to allow for the preliminary accuracy test.

(4) The vote tabulation portion of the program must be written as follows:

(a) To reflect the rotation sequence of the candidates’ names as they appear on the ballot in the various precincts.

(b) To count valid votes cast by a voter for candidates for an office.

(d) So as not to count votes cast by a voter for an office or question if the number of votes cast by a voter exceeds the number that the voter is entitled to vote for on that office or proposal.

(e) To ignore marks on a ballot outside the target area. These marks must not have an effect on the ballot.

(f) So that the partisan, nonpartisan, and proposal sections of the ballot are considered separate sections of the ballot. The action of a voter in 1 section of the ballot does not affect the voter’s action on another section of the ballot.

(5) In addition to applicable requirements under subrule (4) of this rule, for a partisan primary election, the vote tabulation section of the program must be written as follows:

(a) To count the votes when they are recorded by a voter for candidates of 1 political party, as in example 1.

(b) To reject all votes cast in the partisan section of the ballot if votes are cast for candidates of more than 1 political party, as in example 2.

Example 1: Count a vote for candidates A and C.

Example 2: Count no votes.

Example 1: Example 2:

(6) In addition to applicable requirements under subrule (4) of this rule, for a partisan general election, the vote tabulation section of the program must be written as follows:

(a) A vote must be counted for each candidate of the political party indicated by the voter’s straight ticket vote, if another vote does not appear on the partisan portion of the ballot, as in example 3.

(b) A vote must not be counted if the voter has voted more than 1 straight ticket vote and another vote does not appear on the partisan section of the ballot, as in example 4.

Example 3: Count a vote for candidates B and G.

Example 4: Do not count a vote for candidates of any party.

(c) When only 1 candidate is to be elected to an office and the voter has voted a straight party ticket and voted for individual candidates, a vote must be counted for each of the individual candidates voted for, and for each candidate of the party for which the straight party vote was voted and individual votes for candidates of other parties were not voted, as in examples 5 and 6.

Example 5: Count a vote for candidates B and G.

Example 6: Count a vote for candidates B and F.

Example 3: Example 4:

(d) When 1 or more candidates are to be elected to an office and the voter has voted 2 or more straight party tickets and the individual votes for partisan candidates, a vote must be counted for each individual candidate voted for when the number of votes for that office does not exceed the number for which the voter is entitled to vote, as in examples 7, 8, and 9.

Example 7: Count a vote for candidates A and G.

Example 8: Do not count a vote for candidates of any party.

Example 9: Count a vote for candidate H.

Example 5: Example 6:

(e) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and has voted individually for 2 candidates of a different political party for that office, a vote must be counted for each of the candidates for whom the individual votes were voted, but votes must not be counted for the candidates of the party indicated by the voter’s straight party selection for that office, as in examples 10, 11, and 12.

Example 10: Count a vote for candidates A, B, H, and I.

Example 11: Count a vote for candidates D, E, F, and G.

Example 12: Count a vote for candidates C, D, I, and J.

Example 7: Example 8: Example 9:

(f) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and that party has 2 candidates for that office, and the voter has voted an individual vote for 1 candidate for that office in a different political party, a vote must be counted only for the candidate for whom the individual vote was made. Under these conditions, a vote must not be counted for a candidate for that office by virtue of the voter’s straight party selection, as in examples 13, 14, 15, and 16.

Example 13: Count a vote for candidate C only.

Example 14: Count a vote for candidates A and B.

Example 15: Count a vote for candidates B and C.

Example 10: Example 11: Example 12:

Example 16: Count a vote for candidate E only.

Example 13: Example 14:

(g) When 2 partisan candidates are to be elected to the same office and the voter has voted a straight party ticket for 1 political party and that party has only 1 candidate for that office, a vote must be counted for the party candidate for that office as in example 17, and if the voter has voted for a candidate of a different political party for that office, that vote must be counted, as in example 18.

Example 17: Count a vote for candidate E.

Example 18: Count a vote for candidates B and E.

Example 15: Example 16:

(h) When a voter has voted a straight party ticket for a political party and has voted individual votes for members of that party only, a vote must be counted for each candidate of that party. These conditions do not constitute an overvote, as in example 19.

Example 19: Count a vote for C and D.

Example 17: Example 18:

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.774 Preparation of ballots {#sec-r-168.774 omnilex-key=us-mi-regs-official--dept-state--R 168.774}

Rule 4. (1) On a ballot used after the effective date of these rules, the words “OFFICIAL BALLOT” must be printed on the face of the ballot.

(2) If the ballot is printed on both sides, the following statement, or a substantially similar statement, must be printed or stamped on both sides of the ballot in boldface capital letters: “VOTE BOTH FRONT AND BACK OF THE BALLOT.”

(3) The precinct or absent voter counting board number must be printed or written on each ballot.

(4) A secrecy sleeve to be used in an election must satisfy all of the following requirements:

(a) Be made of paper of a sufficient size, weight, and design to preserve the secrecy of the ballot.

(b) Have an inner pocket into which the ballot may be inserted.

(5) Except when ballots will be produced by an on-demand ballot printing system, the number of ballots required to be printed and distributed to each precinct must satisfy the following:

Example 19:

(a) For the general election, be not less than the number of registered voters plus 25%.

(b) For a primary election, be not less than the total number of votes cast in the most recent corresponding primary election plus 25%.

(6) When ballots will be produced by an on-demand ballot printing system during early voting, the total number of ballots printed from an on-demand ballot printing system in the previous corresponding election where early voting was used may count towards the total number of ballots to be printed. The number of ballots required to be printed and distributed to each election day precinct must satisfy the following:

(a) For the general election, be not less than 100% of the number of registered voters.

(b) For a primary election, be not less than the number of votes cast in the most recent primary election plus 25%.

(7) For a general election, the name of the party that a candidate represents must be printed along with the name of the candidate.

(8) The names of candidates on the ballot must be rotated as follows:

(a) For a primary election, the names under each office must be rotated when there are more names than there are candidates to be nominated for office.

(b) For a general election, the names of partisan candidates under the title of each office must not be rotated.

(c) In an election, the names of nonpartisan candidates must be rotated when there are more names than there are candidates to be elected for the office.

(d) Rotation must be by precinct in the manner provided by law for voting machines.

(e) When absent voter ballots are to be processed in the precinct, the rotation must be the same as in that precinct.

(9) The procedures for ballots produced by an on-demand ballot printing system must comply with section 720c of the act, MCL 168.720c.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.775 Preparation of tabulators {#sec-r-168.775 omnilex-key=us-mi-regs-official--dept-state--R 168.775}

Rule 5. (1) The clerk or an authorized assistant shall prepare each tabulator pursuant to the provisions of the act and these rules.

(2) A tabulator must be labeled with the precinct number in which it is to be used if more than 1 tabulator is in the polling place, early voting site, or absent voter ballot counting facility.

(3) A tabulator must be programmed to notify the voter if the voter submits a blank ballot, a ballot containing overvotes, or a partisan primary ballot that is invalid due to crossover voting, as tested by the preliminary test and public logic and accuracy test. The tabulator must provide the voter with the following options:

(a) The voter may acknowledge that no vote will be awarded if a ballot is blank or in a contest that contains an overvote or crossover vote and submit the ballot to the tabulator.

(b) The voter may remove the ballot from the tabulator, spoil the ballot, and receive a replacement ballot from the election inspectors. If the ballot is blank, the voter may remove the ballot from the tabulator, vote the ballot, and resubmit the ballot to the tabulator.

(4) A tabulator must be tested to determine if it is operating properly, as described in these rules.

(5) A tabulator must be sealed at all times the tabulator is being used for voting or is being stored.

(6) The identifying number of the tabulator and the seal number used to seal the tabulator must be recorded on the certificate in the physical pollbook for the precinct in which the tabulator is to be used. The clerk or an authorized assistant who sealed the tabulator shall sign the certificate.

(7) When a tabulator has been prepared for the election, the election commission, the clerk, or an authorized assistant shall execute a certificate in writing, which must be filed with the election commission of the jurisdiction in which they are authorized to act.

The certificate must contain the precinct number, the identifying number of the tabulator, and state that the tabulator has been properly prepared and tested. If the certificate is signed by an individual other than the election commission, the election commission or its authorized assistant shall be offered an opportunity to inspect the tabulators to determine whether they are properly prepared. In an election when state and county officers or measures are to be voted for, a duplicate certificate must be filed with the county clerk.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.775a Preparation of accessible voting device {#sec-r-168.775a omnilex-key=us-mi-regs-official--dept-state--R 168.775a}

Rule 5a. (1) The clerk or an authorized assistant shall prepare each accessible voting device pursuant to the provisions of the act and these rules.

(2) An accessible voting device must be tested to determine if it is operating properly, as described in these rules.

(3) An accessible voting device must be sealed at all times the device is being used for voting or is being stored.

(4) The identifying number of the accessible voting device and the seal number used to seal the device must be recorded on the certificate in the physical pollbook for the precinct in which the device is to be used. The clerk or an authorized assistant who sealed the device shall sign the certificate.

(5) When an accessible voting device has been prepared for the election, the election commission, the clerk, or an authorized assistant shall execute a certificate in writing, which must be filed with the election commission of the jurisdiction in which they are authorized to act. The certificate must contain the following information:

(a) The precinct number or numbers.

(b) The identifying number of the device.

(d) A statement that the device has been properly prepared and tested.

(6) If the certificate is signed by an individual other than the election commission, the election commission or its authorized assistant shall be offered an opportunity to inspect the accessible voting devices to determine whether they are properly prepared.

(7) In an election when state and county officers or measures are to be voted for, a duplicate certificate must be filed with the county clerk.

(8) Before the opening of polls on each day the accessible voting device is used in an election, a test ballot, marked “test,” must be loaded into the device and a blank ballot must be printed. The test ballot must not be tabulated and must be returned to the local clerk at the end of the day.

History

History: 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.776 Preparation of official test deck {#sec-r-168.776 omnilex-key=us-mi-regs-official--dept-state--R 168.776}

Rule 6. (1) The election commission responsible for the election or its authorized assistant shall prepare a test deck for each precinct and ballot style with predetermined results.

(2) The test deck must consist of ballots of the same type to be used in the election with the word “TEST” stamped, printed, or written on each ballot.

(3) A document, record, chart, or listing must be prepared indicating the selections recorded in the test ballot . This documentation must indicate each valid or invalid vote.

(4) In addition to other requirements of the act, a ballot for use in the test deck for a partisan general election must be prepared as follows:

(a) So that each political party receives not less than 2 straight ticket votes and so that 2 parties do not receive the same number of straight ticket votes.

(b) So that 2 or more parties receive straight ticket votes on 1 ballot.

(c) So that at least 1 of the ballots with a straight ticket vote for a party must be individual selections for candidates of the same party, candidates of a different party, candidates for the same office of different parties, and nonpartisan candidates and proposals.

(d) In which selections appear in positions other than those used for candidates, proposals, or to indicate straight party voting.

(e) In which a selection does not appear.

(f) In which a selection appears in each position where a candidate or proposal appears on the ballot label.

(5) In addition to other requirements of the act, a ballot for use in the test deck for a partisan primary must be prepared as follows:

(a) So that selections appear on the same ballot for candidates of different political parties, along with candidates for nonpartisan offices and votes for proposals.

(b) So that selections appear on the same ballot for candidates of 1 or more political party and must include selections for nonpartisan offices and for proposals.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.777 Preliminary accuracy test {#sec-r-168.777 omnilex-key=us-mi-regs-official--dept-state--R 168.777}

Rule 7. (1) The election commission responsible for the election or the commission’s authorized assistant shall conduct a preliminary accuracy test of the tabulators and accessible voting devices for all precincts as early as practicable, but before the public accuracy test.

(2) The preliminary accuracy test must be conducted using the test decks prepared under the direction of the commission.

(3) When an errorless count has been made for all precincts, the commission responsible for the election or its authorized assistant shall do all of the following:

(a) If practicable, perform end-to-end testing to ensure the program accurately transmits the totals to the electronic management system.

(b) Secure the programs, test decks, and predetermined results in an approved ballot container, which must be sealed with an approved seal.

(c) Certify that all precincts have been tested using the test deck prepared under the direction of the commission and that the results agree with the predetermined results of the test deck. The certificate must contain the number of the seal that was used to secure the program.

(d) Deliver programs, test decks, predetermined results, and the certificate to the clerk of the unit of government responsible for the election.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.778 Public accuracy test {#sec-r-168.778 omnilex-key=us-mi-regs-official--dept-state--R 168.778}

Rule 8. (1) If early voting is being offered for the jurisdiction, the election commission responsible for early voting shall designate a time and place for a public accuracy test, which must be held not less than 5 days before the start of early voting in accordance with the requirements of section 798 of the act, MCL 168.798.

(2) If no early voting is being offered for the jurisdiction, the election commission responsible for the election shall designate a time and place for a public accuracy test, which must be held not less than 5 days before the election.

(3) The public accuracy test must be conducted by the election commission responsible for the election. A member of the commission may designate an individual to serve in the member’s place . A member of the commission who designates an individual to serve at the public accuracy test shall notify the clerk before the test. The clerk of the commission or the designated representative of the clerk is the chairperson.

(4) The clerk responsible for the election may limit the number of individuals who may be present for the public accuracy test based on room capacity.

(5) The initial testing of the tabulators and programs must be with the official test deck prepared under the direction of the commission. The number of precincts to be tested must be determined by the commission. The commission may prepare or cause to have prepared additional ballots to be included in the official test deck.

(6) Each program and test deck must be tested on the tabulator on which it is to be used for the election.

(7) The election commission shall test the accessible voting devices as prescribed by the secretary of state as part of the public accuracy test.

(8) The election commission shall test the on-demand ballot printing system as prescribed by the secretary of state as part of the public accuracy test.

(9) The commission supplying the program shall provide the following items at the accuracy test:

(a) Test ballots.

(b) At least 1 set of sample ballots for each precinct.

(10) If an error is detected in the testing, the cause must be ascertained, the error must be corrected, and an errorless count must be made for all precincts. If determined by the commission, the meeting may be adjourned to a time and date certain.

(11) The secretary of state or a designated representative may provide a test deck for a program. If so, it must be delivered at the public accuracy test. At the discretion of the secretary of state, it may be used in place of, or in addition to, the test deck prepared by the commission.

(12) The commission shall certify the accuracy of the test. The certification may be attached to, or written on, the printed results of the public accuracy test.

(13) The commission shall secure all programs, test decks, certified results of the test, and the predetermined results in an approved container, which must be sealed with an approved seal in a manner so that the container cannot be opened without breaking the seal. There must be a certificate describing its contents with the number of the seal attached to or inside the container. The certificate must be signed by the members of the commission, and if attached to the container in a plastic envelope, it must be attached in a manner that it cannot be removed without breaking the seal.

(14) The commission shall immediately deliver to the clerk in charge of the election the approved ballot container containing the programs and test decks. The clerk shall retain and secure the programs.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.779 Preparation and delivery of election materials {#sec-r-168.779 omnilex-key=us-mi-regs-official--dept-state--R 168.779}

Rule 9. (1) The clerk of the unit of government providing the tabulators or an authorized assistant shall place into an approved ballot container the ballots for each precinct or early voting site. The approved ballot container must be secured with an approved seal and contain a certificate signed by the clerk or an authorized assistant setting forth the number of ballots in the container and that the ballots were counted and sealed in the approved ballot container by the clerk or by an authorized assistant. Ballots not issued to a precinct or early voting site or assigned for absentee voting must be secured and accounted for by the clerk. The clerk shall maintain a record of the number of ballots issued to each precinct or early voting site. The ballots must be delivered to the chairperson or a member of the board of election inspectors of the proper precinct or early voting site.

(2) Precinct supplies and early voting site supplies must include the following items:

(a) A sufficient number of black or blue ink marking devices for voters to mark ballots.

(b) A set of instructions for operating the precinct on election day or operating the early voting site during the early voting period.

(d) An envelope labeled “ORIGINAL BALLOTS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON” if the duplication is to be done at the precinct.

(3) The tabulators, accessible voting devices, on-demand ballot printing systems, voting booths, ballots, secrecy sleeves, approved ballot containers, and all other necessary supplies must be delivered to the precinct not later than 6:30 a.m. on election day or no later than 30 minutes before the start of early voting at an early voting site.

(4) approved ballot containers must be provided to each precinct or early voting site for the storage of voted ballots.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.780 Clerks and election inspectors; duties before opening of polls {#sec-r-168.780 omnilex-key=us-mi-regs-official--dept-state--R 168.780}

Rule 10. (1) Voting must occur in voting booths.

(2) The voting booths must be arranged so that the secrecy of the ballot is not violated.

(3) Before the opening of polls, the clerk shall do all of the following:

(a) Ensure that election inspectors who need access to the electronic pollbook are able to access it.

(b) Ensure that tabulators and accessible voting devices are provided to each early voting site and election day polling place.

(c) Ensure that the serial numbers and seal numbers for tabulators, accessible voting devices, and on-demand ballot printing systems agree with the numbers in the physical pollbook.

(d) Ensure that all necessary election equipment and election materials are available at the early voting site and polling place.

(e) Ensure that all signage is correctly displayed.

(f) Establish an area for poll watchers.

(4) Before the opening of polls, the election inspectors shall do all of the following:

(a) Verify that the electronic pollbook and prescribed backup materials are available at the polling location.

(b) Verify that all election inspectors who need to access the electronic pollbook are able to access it.

(c) Verify that the tabulator and accessible voting device are plugged in, powered on, and secured as required by these rules.

(d) Verify that there is a black or blue ink marking device provided in each voting booth.

(e) Determine that there is adequate lighting.

(5) In the event that election equipment is unavailable or potentially unusable, the election inspectors shall notify the clerk immediately.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.780a Early voting {#sec-r-168.780a omnilex-key=us-mi-regs-official--dept-state--R 168.780a}

Rule 10a. (1) In addition to the duties before the opening of polls, as part of early voting responsibilities, the clerk or site supervisor shall do all of the following:

(a) On the first day of early voting before voting begins, all of the following:

(i) Ensure that the method of administering early voting in that municipality, whether as part of a county agreement, municipal agreement, or as a single municipality, is reflected in the programming of election equipment.

(ii) Print a summary zero report for each tabulator. Ensure the time and date are correct on the summary zero report.

(iii) Ensure that all election inspectors sign the bottom of the summary zero report and complete and sign the election inspectors’ certificate.

(iv) Attach the signed summary zero report and status report to the physical pollbook.

(b) On each subsequent day of early voting before voting begins, all of the following:

(i) Print a status report for each tabulator and accessible voting device.

(ii) Ensure that the number of ballots tabulated shown on the tabulator agrees with the number of votes tabulated on the previous day’s physical pollbook entry.

(iii) Print a blank test ballot on the accessible voting device. Label the blank test ballot “EARLY VOTING TEST BALLOT DAY [1, 2, 3, etc.]” and insert the ballot into the envelope for the local clerk.

(iv) If applicable, print a status report from the on-demand ballot printing system.

(d) On election day following the close of polls, all of the following:

(i) Complete the final reconciliation and ballot summary page in the physical pollbook.

(ii) Tally the write-in votes as prescribed by the secretary of state.

(iii) Enter the tallies on the write-in statement of votes located in the physical pollbook.

(iv) Ensure all write-in ballots are returned to the approved ballot container.

(v) For each ballot container, complete a container certificate and seal with an approved seal. Enter the seal numbers on the final reconciliation and ballot summary page.

(vi) Close the polls for each tabulator according to vendor instruction, print 3 copies of the totals tape, ensure election inspectors sign the bottom of the tapes, and place 1 copy of totals tape in an envelope for the county clerk, 1 in an envelope for the county canvassers, and 1 in an envelope for the local clerk.

(2) In addition to the duties for election inspectors before opening of polls, as part of early voting responsibilities, the election inspectors shall do all of the following:

(a) On the first day of early voting before voting begins, all of the following:

(i) Have 2 election inspectors compare the summary zero report to a sample ballot to ensure that all races are included on the tape, the correct ballots were delivered to the precinct, and all totals equal zero on the summary zero report.

(ii) Have all inspectors sign the bottom of the summary zero report and complete and sign the election inspectors’ preparation certificate.

(iii) Attach the signed summary zero report and status report to the physical pollbook.

(iv) Before the opening of polls, record the number on the tabulator’s public counter in the physical pollbook.

(b) On each subsequent day of early voting before voting begins, all of the following:

(i) Enter the number on the tabulator public counter and the number of voters on the list of voters printed from the early voting electronic pollbook the previous day in the place specified on the election inspectors’ preparation certificate.

(ii) Verify that the number on the tabulator public counter is equal to the previous day’s daily reconciliation and ballot summary. If the numbers do not match, review the remarks page of the physical pollbook for notes and verify counts against the count of applications to vote.

(iii) Have all inspectors complete and sign the election inspectors’ preparation certificate.

(i) Verify that the number of ballots tabulated that day equals the number of voters identified in the early voting pollbook as having been issued ballots at the early voting site that day and those tabulating absent voter ballots. If the numbers do not match, note the reason for the difference on the remarks page in the physical pollbook.

(ii) Print a poll list from the early voting pollbook of the electors who voted at the early voting site that day and add it to the physical pollbook.

(iii) Remove the voted ballots from the tabulator bin and seal the ballots, along with spoiled ballots and the early voting electronic pollbook, in a ballot container in the same manner as ballots are sealed on election day.

(iv) Record on the ballot container certificate the seal number used to seal the ballot container.

(v) Record in the physical pollbook the seal number used to seal the ballot container.

(vi) Record in the physical pollbook the number on the tabulator’s public counter at the end of the day.

(vii) Ensure the election materials are secured as instructed by the clerk or site supervisor.

(viii) Ensure the room in which the early voting site is located is locked.

(d) On election day following the close of polls, all of the following:

(i) Generate the summary totals tape from the early voting tabulators and make results available to those present.

(ii) Complete the statement of results, the ballot summary, and the certificate of election inspectors.

History

History: 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.781 Conduct of election and manner of voting {#sec-r-168.781 omnilex-key=us-mi-regs-official--dept-state--R 168.781}

Rule 11. (1) The election inspector having charge of the ballots shall deliver to the voter an official ballot and secrecy sleeve. The stub number associated with the ballot, if there is a numbered stub, must be entered onto the application to vote at the time the ballot is issued. The voter number must be entered on the application to vote.

(2) Upon being issued a ballot and secrecy sleeve, the voter shall enter a voting booth and record the voter’s selections on the ballot . Before leaving the booth, the voter shall insert the ballot in the secrecy sleeve with the numbered stub, if there is a numbered stub, on the outside and so that any part of the face of the voting portion of the ballot is not exposed.

(3) The election inspector designated to receive the ballot from the voter shall ascertain by comparing the number on the ballot stub, if applicable, with the number recorded on the application to vote whether the ballot given to the inspector is the same ballot furnished to the voter. If it is the same ballot, the inspector shall remove the detachable stub, if there is a numbered stub, and the voter shall deposit the ballot into the tabulator. If the ballot received is not the same ballot furnished to the voter, the voter may be given a new ballot to vote, or the voter may decline to vote a new ballot, but in neither event may the non-matching ballot be counted. The non-matching ballot must be marked void with the reason and inserted in an envelope and placed in the ballot container. the non-matching ballot shall not be deposited with the valid voted ballots.

(4) If a voter is challenged, the election inspector shall do all of the following:

(a) Record the ballot number appearing on the stub, if there is a numbered stub, onto the ballot. If there is no numbered stub, record the voter number on the ballot.

(b) Cover the number with a slip of paper to conceal the number.

(5) A ballot found in a booth or device must be spoiled and placed in an envelope that must be placed in the approved ballot container. A note of the occurrence must be made in the remarks section of the physical pollbook.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.782 Election inspectors; duties after polls are closed {#sec-r-168.782 omnilex-key=us-mi-regs-official--dept-state--R 168.782}

Rule 12. (1) After the polls are closed, the election inspectors shall open the tabulator and remove the ballots. the inspector shall compare the total number displayed on the tabulator’s public counter with the number of names recorded in the physical pollbook. If the number of ballots counted is different from the number of voters according to the poll lists, the reason for the discrepancy must be noted in the remarks section of the physical pollbook. If the inspectors are unable to explain the discrepancy, they shall so state in the remarks section of the pollbook. The inspectors’ determination is a conclusive and sufficient explanation for purposes of a recount.

(2) When the ballots have been processed and checked, the inspectors shall determine that the number of ballots that have been tabulated agrees with the number of names recorded on the poll lists less discrepancies for which notations have been made in the physical pollbook. The number of ballots that have been tabulated must be entered in the appropriate place on the certificate prepared by the election inspectors.

(3) The election inspectors shall complete the ballot summary.

(4) The election inspectors shall place into the ballot container for delivery, as directed, all of the following:

(a) Voted ballots .

(b) An envelope marked “ORIGINAL BALLOTS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON” containing those ballots, if used.

(d) Unused ballots, unless sealed in a separate container.

(5) The election inspectors shall sign a certificate of election inspectors in the physical pollbook. The certificate must state all of the following:

(a) The number of voters who voted as shown by the poll list.

(b) That before opening the polls, each tabulator was examined and found to be sealed with approved seals bearing the same numbers as certified by the election commission.

(c) That at the close of the polls, each tabulator was examined and found to be sealed with the same approved seal as verified at the opening of the polls, unless the auxiliary bin was used, in which case the tabulator was resealed after use and the number of the approved seal was recorded in the physical pollbook.

(d) The number of ballots submitted for tabulation.

(e) That if the number of ballots being submitted for tabulation does not agree with the number of voters as indicated by the poll list, the discrepancy is noted in the remarks section of the pollbook.

(f) That ballots required to be duplicated by the election inspectors have been properly duplicated.

(g) That write-in votes counted at the precinct have been properly recorded, that ballots and duplicated ballots used in the election have been placed in the ballot container and that the ballot container was securely sealed with an approved seal in a manner as to render it impossible to open the case without breaking the seal.

(h) The number of the approved seal used to seal the ballot container.

(6) The election inspector shall do either of the following:

(a) Place the physical pollbook in the transport receptacle, seal it with a red paper seal, and deliver it with or in the ballot container.

(b) Insert the physical pollbook into the ballot container for delivery.

(7) If the space in 1 ballot container is inadequate, a second ballot container must be used and the sealing and security handled in the same manner as the first ballot container.

(8) The ballot container must be sealed with an approved seal in a manner as to render it impossible to open the case or insert or remove ballots without breaking the seal.

The ballot container certificate must be attached to the ballot container by the seal and indicate the date of election, the jurisdiction, the precinct, and the number of the approved seal used to seal the case. The seal number must be recorded in the certificate of election inspectors in the physical pollbook.

(9) The physical pollbook and the ballot container containing the required items must be delivered by 2 election inspectors to the location designated by the clerk.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.783 Rescinded {#sec-r-168.783 omnilex-key=us-mi-regs-official--dept-state--R 168.783}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.784 Processing write-in ballots {#sec-r-168.784 omnilex-key=us-mi-regs-official--dept-state--R 168.784}

Rule 14. (1) Write-in ballots must be processed by not less than 2 election inspectors of differing political party preference.

(2) In processing write-in ballots, the election inspectors shall first determine if a voter has recorded a write-in vote on the designated place for write-in votes. A write-in vote placed in another space must not be processed further.

(3) Write-in votes are only counted if they are cast for an individual who has filed a declaration of intent and only if the vote is cast for the position for which the individual filed the declaration of intent. In a partisan primary, a write-in vote cast for an individual who filed a declaration of intent does not count unless the voter writes the candidate’s name on the correct office and party line on the ballot. Write-in votes that do not comply with these requirements are invalid and are not considered when determining whether an overvote has occurred or whether a crossover vote has been cast at a partisan primary.

(4) The election inspectors shall next determine if the write-in vote has caused an overvote. A straight party ticket vote and a write-in vote for a partisan office is not an overvote. An individual selection for an office and a write-in for that office must l be considered an overvote, if the total exceeds the number of allowed choices for that office.

(5) Where a write-in vote is determined to meet the qualifications set forth in subrules(2) and (3) of this rule and an overvote does not exist, the election inspectors shall enter the candidate’s name, the office, and if a partisan primary, the name of the party on the write-in tally return.

(6) When a write-in vote is determined to meet the qualifications set forth in subrules (2) and (3) of this rule and an overvote exists, the election inspectors shall duplicate the original ballot, omitting the selections for the office for which the write-in caused an overvote. A duplicate ballot shall be placed with the other ballots to be tabulated. The envelopes containing the write-in votes must be placed with the other envelopes used in the election and a write-in vote must not be recorded for the office that was overvoted.

(7) Write-in votes shall not be tallied until the close of polls on election day.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.785 Duplication of ballots {#sec-r-168.785 omnilex-key=us-mi-regs-official--dept-state--R 168.785}

Rule 15. (1) When a ballot is duplicated, the duplication process shall be performed by not less than 2 election inspectors of differing political party preference.

(2) A duplicate ballot must be marked “DUPLICATE” or “DUP” and numbered corresponding to the original ballot. the precinct number must be recorded on the duplicate ballot.

(3) A duplicate ballot must be compared against the original ballot to ensure that it has been accurately duplicated.

(4) An original ballot that required duplication must be placed in the envelope marked “ORIGINAL BALLOTS FOR WHICH DUPLICATES HAVE BEEN MADE FOR ANY REASON” and be placed in the ballot container for that precinct. The duplicated ballots must be placed with the ballots to be tabulated.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.786 Absentee ballots; issuance, processing, and tabulation {#sec-r-168.786 omnilex-key=us-mi-regs-official--dept-state--R 168.786}

Rule 16. (1) Absentee ballots may be sent to the proper precinct to be tabulated with the precinct ballots or to an absent voter counting board to be processed and tabulated as separate precincts.

(2) If the voter is to vote by means of an absent voter ballot, the clerk shall prepare and issue an absent voter ballot packet consisting of the following:

(a) Absent voter ballot.

(b) Secrecy sleeve for the voter to insert the ballot into after voting.

(d) Absent voting instructions prescribed by the secretary of state.

(3) If the voter fails to return a secrecy sleeve, on receipt the inspectors shall place the ballot into a secrecy sleeve in a manner as to preserve the secrecy of the ballot.

(4) If absent voter counting boards are used, certifications that are not relevant to the operation of an absent voter counting board may be omitted from the certificate of election inspectors in the physical pollbook.

(5) An absent voter ballot may be returned at an early voting site or election day polling place as provided in section 768a of the act, MCL 168.768a.

(6) Once an absent voter ballot is tabulated it cannot be spoiled.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.787 Rescinded {#sec-r-168.787 omnilex-key=us-mi-regs-official--dept-state--R 168.787}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.788 Receiving station; receiving board {#sec-r-168.788 omnilex-key=us-mi-regs-official--dept-state--R 168.788}

Rule 18. (1) All ballot containers and election materials must be delivered by the precinct inspectors to a receiving station. the clerk shall appoint at least 1 receiving board. Each board must consist of 2 or more election inspectors, with an equal number from each major political party.

(2) The clerk in charge of the election shall determine the number of precincts that may be received by a receiving station.

(3) Upon receipt of the ballot container from the precinct inspectors, the receiving board shall verify that the seal number on the ballot container is the same as that recorded by the election inspectors. If the ballot container is not properly sealed or there is a discrepancy with the seal number recorded in the physical pollbook or the statement of votes, the election inspectors who delivered the ballot container and the receiving board shall together take the necessary steps to correct the discrepancy. The election inspectors and the receiving board shall note the discrepancy and the corrective action in the remarks section of the physical pollbook and the election inspectors and the receiving board must sign the notation.

(4) The receiving board shall issue a receipt for the ballot container to the election inspectors delivering the container. The receipt must indicate in general terms the contents of the ballot container and be made in duplicate. The original copy must be given to the inspectors delivering the ballot container and the duplicate retained for delivery to the clerk in charge of the election.

(5) If, on delivery, the board discovers that materials may be inadvertently sealed in the ballot container, the receiving board may open the ballot container to review the contents of the container.

(6) If the receiving board opens the ballot container, the receiving board shall place the approved seal with which the ballot container was originally sealed inside the ballot container and reseal the ballot container with an approved seal. The number of the seal used to reseal the ballot container must be recorded on the ballot container certificate and in the physical pollbook.

(7) The ballot container, after resealing, must contain the items required by these rules. Resealing must be done in a manner as to render it impossible to open the ballot container or remove or insert ballots without breaking the seal. The ballot container certificate must be attached to the ballot container by an approved seal.

(8) The receiving board shall determine if the number of ballots tabulated by the tabulator agrees with the number of ballots submitted by the inspectors as indicated by the physical pollbook. If the number of individuals voting as shown by the physical pollbook does not equal the number of ballots counted as shown by the statement of votes, and if an explanation of the discrepancy has not been noted in the physical pollbook, the receiving board shall ask the election inspectors about the discrepancy, note the explanation in the physical pollbook, and all shall sign the notation.

(9) The receiving board shall complete the certificate in the physical pollbook, which must read substantially as follows:

“RECEIVING BOARD CERTIFICATE

We hereby certify that the ballot container, properly sealed, containing the ballots for this precinct was received by the counting center receiving board. The seal number agreed with the number recorded on the ballot container identification tag and in the physical pollbook.”

(10) The receiving board shall review the receiving board checklist and determine whether all items have been completed. The receiving board checklist must indicate the items completed by the receiving board and include a certification by the bipartisan members of the receiving board that they have completed the items on the checklist.

(11) Not fewer than 2 election inspectors of differing political party preference shall transport the ballot containers and envelope for the local clerk to the local clerk, the envelope for the county clerk to the county clerk, and the envelope for the county canvassers to the county canvassers.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.789 Absent voter counting board {#sec-r-168.789 omnilex-key=us-mi-regs-official--dept-state--R 168.789}

Rule 19. (1) The board of election commissioners shall appoint the election inspectors to absent voter counting boards not less than 21 days before the election at which absent voter counting boards are to be used, as provided in sections 673a and 674 of the act, MCL 168.673a and 168.674.

(2) The board of election inspectors at the absent voter counting board shall determine that the seal number on each ballot container agrees with the seal number indicated in the absent voter counting board physical pollbook.

(3) Before the tabulation of ballots at an absent voter counting board, the election inspectors shall run a zero tape or zero report to ensure that the tabulator has not recorded results.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.790 Closing procedures; ballot retention {#sec-r-168.790 omnilex-key=us-mi-regs-official--dept-state--R 168.790}

Rule 20. (1) After the last precinct and early voting site has been counted, the board of election inspectors shall secure all programs, test decks, certified results of accuracy tests, and other related material in a ballot container, which must be sealed with an approved seal in a manner so that the container cannot be opened without breaking the seal. The certificate must be attached to the container and describe the contents and record the number of the seal. The certificate must be signed by the members of the board of election inspectors.

(2) The clerk in charge of the election shall secure the container containing the programs, test deck, accuracy test results, and other related materials until 30 days following the certification of the election if a recount has not been requested or until a date prescribed by the secretary of state.

(3) Ballots used at an election that is not a state or federal election may be destroyed after 30 days following the final determination of the board of canvassers with respect to the election, unless the destruction has been stayed by an order of a court or the secretary of state. Ballots must not be released for examination, review, or research unless prior approval is obtained by the board of state canvassers.

(4) Ballots used at an election that is a state or federal election may be destroyed after 22 months following the final determination of the board of canvassers with respect to the election, unless the destruction has been stayed by an order of a court or the secretary of state. Ballots must not be released for examination, review, or research unless prior approval is obtained by the board of state canvassers.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.791 Challengers {#sec-r-168.791 omnilex-key=us-mi-regs-official--dept-state--R 168.791}

Rule 21. (1) Challengers designated pursuant to section 730 of the act, MCL 168.730, may be at the clerk’s office, early voting site, election day polling place, election day vote center, and absent voter counting board.

(2) Challengers shall act at all times in accordance with sections 727 to 734 of the act, MCL 168.727 to 168.734, as well as other relevant provisions in the act.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.792 Canvass {#sec-r-168.792 omnilex-key=us-mi-regs-official--dept-state--R 168.792}

Rule 22. (1) A board of canvassers may, for reasonable cause, require the individual who programmed the tabulators to appear before the board, to bring documents pertinent to the programming, and to answer questions relevant to the programming.

(2) A board of canvassers may, for reasonable cause, require the individual having the custody of the tabulator to appear before the board. A board of canvassers may conduct a test to determine the accuracy of the programmed tabulator.

(3) After testing, if it is found that the tabulator that was used to tabulate the ballots produced incorrect returns, a board of canvassers may require the individual who prepared and programmed the tabulator to correct the portions of the program found to be in error and submit to it a corrected program to be used to retabulate the ballots. In that event, an accuracy test must be held under the direction of the board of canvassers at which time the corrected program must be tested and certified as provided in these rules.

The ballots of the precincts must be retabulated using the corrected program in the same manner as prescribed in R 168.790. A board of canvassers may summon the board of election inspectors that originally certified the returns to retabulate the ballots and make correct returns. The board of canvassers shall canvass the votes from the corrected returns.

(4) When an examination of documents or programs is completed or the ballots have been counted or retabulated, they must be returned to the ballot container or containers and sealed and delivered to their legal custodian. The number of the seal must be recorded on a certificate to be filed with the clerk of the board of canvassers.

(5) When an election of a local unit of government is held at the same time as a county or state election and is to be certified by a local board of canvassers, that board shall not proceed under this rule until obtaining approval from the board of county canvassers.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.793 Recount {#sec-r-168.793 omnilex-key=us-mi-regs-official--dept-state--R 168.793}

Rule 23. (1) In a recount of a precinct using an electronic voting system, rules promulgated by the board of state canvassers for use in recounts must apply except where superseded by these rules.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

R 168.901 to R 168.930 Conduct of Election Recounts

Mich. Admin. Code R 168.901 Definitions {#sec-r-168.901 omnilex-key=us-mi-regs-official--dept-state--R 168.901}

DEPARTMENT OF STATE

BOARD OF STATE CANVASSERS

CONDUCT OF ELECTION RECOUNTS

(By authority conferred on the board of state canvassers by section 889 of the Michigan election law, 1954 PA 116, MCL 168.889)

Rule 1. (1) As used in these rules:

(a) “Act” means the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.

(b) “Change the result of the election” means either the candidate who lost the election and is requesting the recount would be elected or the recount would result in the opposite outcome for a ballot question.

(c) “Election materials” means equipment used in administering elections, including, but not limited to, electronic voting systems, seals, ballots, ballot containers, ballot container certificates, poll books, results report, statement book, tabulator tape, or another document or report considered necessary by the boards of county or state canvassers.

(d) “Interested party” means the individual or individuals who filed a recount petition or a counter recount petition. More specifically, a candidate, 1 representative of a ballot question committee, or if a ballot question committee did not participate in an election in which there was a ballot question on the ballot, 1 elector who voted in that election.

(e) “Poll book” includes the physical poll book and any poll lists.

(f) “Precinct” as used in a recount means any of the following:

(i) An election day precinct.

(ii) A precinct at an absent voter counting board.

(iii) A precinct at an early voting site.

(g) “Recount center” means a single location where recounts of multiple precincts from multiple counties are conducted.

(h) “Tabulator tape” means the tape that is generated at the close of polls that contains precinct results or the tabulator report when precinct results are not available on a tape.

(2) Unless otherwise defined in these rules, a term defined in the act has the same meaning when used in these rules.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.901a Enforcement of rules; decisions subject to appeal {#sec-r-168.901a omnilex-key=us-mi-regs-official--dept-state--R 168.901a}

Rule 1a. The board of state canvassers and its representatives enforce these rules and regulations to ensure the fair, impartial, and uniform conduct of recounts. Decisions of the boards of county canvassers, under these rules and regulations, applicable statutes, and court decisions, are subject to appeal to the board of state canvassers under R 168.925.

History

History: 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.902 Security arrangements {#sec-r-168.902 omnilex-key=us-mi-regs-official--dept-state--R 168.902}

Rule 2. (1) On the filing of a petition for recount, the board of state canvassers shall make arrangements with law enforcement to provide for security of the recount staff and all ballots, ballot containers, and electronic voting systems used in the election precincts to be recounted until the recount is completed and the results are certified by the board of state canvassers.

(2) All election materials must remain in the possession of the clerk responsible for the election until requisitioned by the boards of county canvassers under R 168.903.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.903 Time and place of recount {#sec-r-168.903 omnilex-key=us-mi-regs-official--dept-state--R 168.903}

Rule 3. (1) The board of state canvassers shall publicly announce the time and place for the recount of votes affected by a recount petition.

(2) The board of state canvassers may mandate the use of 1 or more recount centers where multiple counties or jurisdictions are recounted at a central location.

(3) The boards of county canvassers shall arrange for the delivery of the ballots, ballot containers, electronic voting systems, and election materials the boards of county canvassers determine are necessary, at the time and place designated for the recount by the board of state canvassers.

(4) Electronic voting systems not delivered to the board of county canvassers must remain in the possession of the clerk charged with their security and custody under the act and the rules promulgated by the secretary of state.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.904 Review of rules, regulations, and arrangements prior to recount {#sec-r-168.904 omnilex-key=us-mi-regs-official--dept-state--R 168.904}

Rule 4. Before beginning the recount, the board of state canvassers or its representatives and the board of county canvassers or its representatives shall meet for the purpose of reviewing these rules and regulations and the arrangements made or to be made by the board of county canvassers for the proper conduct of the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.905 Meeting between state board and county board {#sec-r-168.905 omnilex-key=us-mi-regs-official--dept-state--R 168.905}

Rule 5. At the time and place designated for the commencement of the recount, the board of county canvassers shall meet with the board of state canvassers or its representatives to begin the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.906 Meeting minutes {#sec-r-168.906 omnilex-key=us-mi-regs-official--dept-state--R 168.906}

Rule 6. The boards of county canvassers shall conduct a recount in an open meeting and keep meeting minutes. Meeting minutes must be provided to the board of state canvassers on request.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.906a Order of counting precincts {#sec-r-168.906a omnilex-key=us-mi-regs-official--dept-state--R 168.906a}

Rule 6a. Precincts shall be counted in the order that results in the most expeditious conduct of the recount without regard for who requested the counting of a particular precinct.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.907 Rescinded {#sec-r-168.907 omnilex-key=us-mi-regs-official--dept-state--R 168.907}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.908 Performance of recount; materials not subject to a recount {#sec-r-168.908 omnilex-key=us-mi-regs-official--dept-state--R 168.908}

Rule 8. (1) A recount is performed only if the number of ballots to be recounted is enough to change the result of the election.

(2) A recount is an administrative process limited to determining the number of votes cast on ballots for each candidate seeking a particular office or determining the number of votes cast for or against a ballot question.

(3) If the board of state canvassers or the board of county canvassers receives a petition to conduct an investigation or an audit of the conduct of an election, a petition to assess the qualifications of electors participating in an election or the manner in which ballots are applied for or issued to electors, or a petition to do anything other than conduct a recount as described in this rule, the board of state canvassers or the board of county canvassers must deny that request for a recount.

(4) When conducting a recount, the only materials available to be reviewed in the recount are the ballots, poll book, and any poll lists necessary to complete the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.909 Electronic voting system recount {#sec-r-168.909 omnilex-key=us-mi-regs-official--dept-state--R 168.909}

Rule 9. Recounts performed using an electronic voting system software application under section 871(4) of the act, MCL 168.871, are governed by the procedures set forth in R 168.793 and the act.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.909a Rescinded {#sec-r-168.909a omnilex-key=us-mi-regs-official--dept-state--R 168.909a}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.910 Determining when to recount precinct {#sec-r-168.910 omnilex-key=us-mi-regs-official--dept-state--R 168.910}

Rule 10. (1) A precinct shall be recounted if all the following are satisfied:

(a) The ballots are properly sealed in a ballot container in a manner that does not allow a ballot to be added to, or removed from, the ballot container.

(b) The seal number on the seal is accurately recorded in the poll book, on the ballot container certificate, or on the statement of results.

(c) The precinct is in balance, which means the number of ballots to be recounted is the same as the number of ballots issued in the precinct as shown in the poll book, the number of ballots tabulated as shown on the tabulator tape, or the number of ballots cast as shown by the county canvass; or the precinct was certified as out of balance during the county canvass and remains out of balance by an identical or fewer number of ballots.

(2) A recount may still be conducted even if the precinct does not satisfy the conditions under subrule (1) of this rule, if there is a satisfactory explanation in a sworn affidavit demonstrating that the security of the ballots is preserved.

(3) An explanation is satisfactory if the reason for the discrepancy does not affect the security of the ballots and demonstrates that a recount of the ballots will yield a reliable and accurate result. For example, a discrepancy that was caused by innocent human error and specifically explained in the poll book remarks, or when evaluating whether the total number of ballots and the total number of voters match, a discrepancy that was caused by spoiled or defective ballots, ballots that were duplicated for proper reasons or provisional envelope ballots not included in the ballot container.

(4) The only documents that a board of canvassers may use to determine whether a precinct may be recounted are the poll book, the poll lists, the statement of results, the ballot container certificate, the total ballots counted by a tabulator, the county canvass notations on the number of ballots and electors in the poll book, affidavits, and tabulator tapes.

(5) If a precinct is not eligible for a recount, the original return of the votes for that precinct must be taken as correct.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.911 Recounting absent voter ballots {#sec-r-168.911 omnilex-key=us-mi-regs-official--dept-state--R 168.911}

Rule 11. (1) Absent voter ballots, including absent voter ballots cast at absent voter counting board precincts and combined absent voter counting board precincts, must be recounted in the manner provided under these rules for counting ballots cast on election day.

(2) Absent voter ballots in original sealed envelopes must be counted as if they were voted if the recount board determines they are eligible for voting.

(3) Absent voter ballots that have been voted must be recounted to determine whether the ballots were validly marked.

(4) Appropriate additions and deductions must be made to or from the precinct count.

(5) Unless clearly shown to the contrary, there is a presumption of regularity of action by precinct inspectors. To determine facts required for decision of issues under this rule, precinct inspectors may, if necessary, be called and sworn to give evidence.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.912 Recounting ballots cast at early voting sites {#sec-r-168.912 omnilex-key=us-mi-regs-official--dept-state--R 168.912}

Rule 12. (1) Ballots cast at early voting sites must be recounted in the same manner provided under these rules for ballots cast on election day.

(2) If a ballot container from an early voting site contains ballots from multiple precincts and 1 or more of those precincts is subject to a recount, each ballot container must be opened, and the ballots must be sorted by precinct to identify and segregate the ballots subject to the recount.

(3) Unless clearly shown to the contrary, there is a presumption of regularity of action by early voting site precinct inspectors. To determine facts required for decision of issues under this rule, early voting site precinct inspectors may, if necessary, be called and sworn to give evidence.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.913 Rescinded {#sec-r-168.913 omnilex-key=us-mi-regs-official--dept-state--R 168.913}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.914 Rescinded {#sec-r-168.914 omnilex-key=us-mi-regs-official--dept-state--R 168.914}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.915 Recount staff {#sec-r-168.915 omnilex-key=us-mi-regs-official--dept-state--R 168.915}

Rule 15. At each table where ballot containers are opened, the boards of county canvassers shall provide at least 2 recount clerks to conduct the recounting of ballots.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.916 Candidate and ballot question committee representatives; powers; identification {#sec-r-168.916 omnilex-key=us-mi-regs-official--dept-state--R 168.916}

Rule 16. (1) Each candidate or ballot question committee representative is entitled to observe the recount and have their counsel and not more than 2 additional individuals present at each table where ballot containers are being opened or ballots are being recounted.

(2) The individuals in subrule (1) of this rule shall be afforded an opportunity to observe the opening of ballot containers and each ballot as the votes are called, challenge the tabulation of a ballot, and take notes as desired for recordkeeping purposes.

(3) Each individual representing a candidate or ballot question committee shall have written identification provided by the candidate, the candidate’s political party, the ballot question committee, or a proponent or opponent of the ballot question if there is no ballot question committee involved in the recount.

(4) For a recount for a ballot question, the treasurer of a ballot question committee involved in the recount shall appoint no more than 1 lead representative for each recount center. The lead representative is responsible for the individuals present at each table where ballot containers are being opened or ballots are being recounted. Once designated, the lead representative may not be changed during the course of the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.917 Board of county canvassers and of state canvasser representatives; duties {#sec-r-168.917 omnilex-key=us-mi-regs-official--dept-state--R 168.917}

Rule 17. (1) A representative of the board of county canvassers and the board of state canvassers shall be present during the opening of all ballot containers. A representative of the board of county canvassers shall dictate for the record, any part of which may be on forms provided by the board of state canvassers, the following:

(a) The precinct being recounted.

(b) Any unusual conditions relative to the ballot container.

(d) The ballot container’s seal number.

(e) The condition of the seal.

(f) The name and official position of the individual who unseals and opens the ballot container.

(g) A description of any ballot package, ballot bag, or roll of ballots which is, may be, or is claimed to be involved in the recount, including the way the bag is sealed and the number on the seal.

(2) The representative of the board of county canvassers shall also dictate for the record the entries contained in the poll book and statement book relative to the number of voters who voted at the election and the seal numbers with which ballot containers were sealed.

(3) A representative of any interested party or of the board of state canvassers has the right to dictate any objection, proposed correction, or additional information into the record.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.918 Rescinded {#sec-r-168.918 omnilex-key=us-mi-regs-official--dept-state--R 168.918}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.919 Rescinded {#sec-r-168.919 omnilex-key=us-mi-regs-official--dept-state--R 168.919}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.920 Rescinded {#sec-r-168.920 omnilex-key=us-mi-regs-official--dept-state--R 168.920}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.921 Rescinded {#sec-r-168.921 omnilex-key=us-mi-regs-official--dept-state--R 168.921}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.922 Recounting ballots; procedure {#sec-r-168.922 omnilex-key=us-mi-regs-official--dept-state--R 168.922}

Rule 22. (1) The ballots must be placed on the recount table.

(2) The recount staff shall count 1 pile of ballots at a time. One recount clerk shall call the votes, and 1 clerk shall confirm the called votes. The 2 recount clerks shall record the votes on proper forms provided for that purpose.

(3) The whole number of votes cast for each candidate, and for and against each ballot question, must be recorded.

(4) The board of state canvassers may approve an alternative manner of conducting the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.923 Determining the validity of ballot markings {#sec-r-168.923 omnilex-key=us-mi-regs-official--dept-state--R 168.923}

Rule 23. (1) A vote on a ballot is indicated by making a mark within the predefined target area designated for casting a vote. A vote is valid and must be counted if there is a mark within the predefined area for casting a vote.

(2) The following is a non-exhaustive list of examples of valid votes:

(a) A circle of the predefined area that goes through the inside of the predefined area designated for casting a vote and meant to be filled in by the voter.

(b) A check mark, cross, or “x” that is inside any part of the predefined area designated for casting a vote and meant to be filled in by the voter, even if part of the mark extends outside the predefined area designated for casting a vote.

(c) The word “yes” written inside the predefined area designated for casting a vote and meant to be filled in by the voter.

(d) If the predefined area has a mark inside of it, but there is also a correction that causes a false tabulator read, such as a filled in oval or square that is crossed out or labeled as a “mistake” or similar description.

(3) The following is a non-exhaustive list of examples of invalid votes:

(a) A circle of the predefined area designated for casting a vote that goes around the area, but does not intersect the inside of the predefined area designated for casting a vote.

(b) A check mark, cross, or “x” along the side, top, or bottom of the outside edge of the predefined area designated for casting a vote.

(c) The word “yes” written along the side, top, or bottom of the outside edge of the predefined area designated for casting a vote, regardless of any arrows pointing to the predefined area.

(4) A stray mark within the predefined target area is not a mark indicating a valid vote.

The following apply to the evaluation of marks:

(a) To determine whether a mark within a predefined area is a stray mark compare the mark with other marks appearing on the ballot.

(b) A check mark or cross appearing within the predefined area is not considered a stray mark and is a valid vote even if the voter does not consistently mark the entire ballot with the check mark or cross.

(5) Any ballot or part of a ballot from which it is impossible to determine the elector’s choice of candidate is void as to the candidate or candidates affected.

(6) All ballots cast that are not counted are maintained separate from the others by being tied or held in 1 package, and placed in the ballot container with the counted ballots.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.924 Rescinded {#sec-r-168.924 omnilex-key=us-mi-regs-official--dept-state--R 168.924}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.925 Challenged ballots counted or rejected for recount; appeals {#sec-r-168.925 omnilex-key=us-mi-regs-official--dept-state--R 168.925}

Rule 25. (1) An interested party may make a challenge to the board of county canvassers of a determination to count or not count a specific vote on a ballot for a candidate or for or against a ballot question subject to the recount.

(2) Any challenged ballot counted or rejected for recount must be identified by a numbered exhibit card or envelope logically associated with the challenged ballot.

(3) The board of canvassers shall keep a record of the challenge, and representatives of all interested parties shall be afforded an opportunity to make a full and complete record of challenges to the proceedings.

(4) After the recount of all ballots in a precinct, but before the recount proceeding itself is completed, all challenged ballots must be presented to the board of county canvassers, which will hear arguments on the challenge and decide whether to accept or reject the challenge.

(5) An interested party can appeal the decision of the board of county canvassers to the representative of the board of state canvassers, who may confirm, reject, or modify the decision of the board of county canvassers.

(6) An interested party can petition the board of state canvassers for a de novo review of the decision of the representative of the board of state canvassers. The petition for de novo review must be filed before the completion of the recount by the board of county canvassers and specify the substance of the challenge and request a de novo review by the board of state canvassers.

(7) The board of state canvassers shall accept petitions for a de novo review only for challenges that concern the determination of how a specific vote on a ballot for a candidate, or for or against a ballot question, is counted.

(8) Once the board of state canvassers receives a petition for de novo review its representative shall make an exhibit detailing the resolution of the challenge that includes the ballot, which must be securely sealed in an exhibit envelope and retained by the board or its representative. The representative shall provide the clerk responsible for the election with a receipt for the ballot that is subject to challenge.

(9) In the same manner that notice of the recount was given under section 868 of the act, MCL 168.868, the board of state canvassers shall notify all interested parties of the date of the meeting where the board of state canvassers will consider the petition for a de novo review.

(10) The interested parties are allowed to present oral and written arguments on the challenges at the meeting where the board of state canvassers will consider the petition.

The arguments presented to the board of state canvassers must be limited to arguments made to the board of county canvassers.

(11) The board of state canvassers shall hear and rule on the challenge at the meeting only if the total number of challenges submitted to it could change the result of the election.

(12) The board of county canvassers or the representative of the board of state canvassers may determine a challenge is frivolous. If a challenge is determined to be frivolous, the board of state canvassers may decline to consider the challenge appeal. A challenge may only be determined to be frivolous if any of the following apply:

(a) The challenge is based on a procedure already approved by the board of state canvassers.

(b) The challenge is not related to the tabulation of a specific, individual ballot.

(d) The observer issues multiple challenges at 1 time or otherwise issues challenges designed to delay or interfere with the recount.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.925a Rescinded {#sec-r-168.925a omnilex-key=us-mi-regs-official--dept-state--R 168.925a}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.925b Withdrawal of petition; discontinuance of recount {#sec-r-168.925b omnilex-key=us-mi-regs-official--dept-state--R 168.925b}

Rule 25b. (1) If the individual petitioning for a recount withdraws the petition or discontinues the recount before its completion, the original return is determined correct regardless of any change shown by the recount of the precincts. It is not necessary for any counter petitioner to withdraw or ask for a discontinuance after a petitioner withdraws.

(2) If the counter petitioner for a recount withdraws the petition or discontinues the recount, the original returns for all precincts involved are determined correct regardless of any changes shown by the recount at the time of the withdrawal. A counter petitioner shall not be allowed to withdraw if all precincts the counter petitioner petitioned have been recounted. If a counter petitioner withdraws, the recount of precincts petitioned for by the original petitioner must continue until the completion or until the original petitioner withdraws.

(3) All withdrawals must be in writing signed by the petitioning party.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.926 Rescinded {#sec-r-168.926 omnilex-key=us-mi-regs-official--dept-state--R 168.926}

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.927 Public observance of recounts; handling of ballots {#sec-r-168.927 omnilex-key=us-mi-regs-official--dept-state--R 168.927}

Rule 27. (1) The recount must be open to the public for observation, but the public is not allowed within the confines of the actual working area and no individual may vocally or otherwise disturb the recount staff or interfere with the recount process. Violation of this rule results in removal from the recount area by law enforcement.

(2) Only the recount staff, the county board of canvassers, the state board of canvassers or its representative, or a clerk responsible for maintaining the custody of election materials may handle ballots. No member of the public, observer, candidate or the candidate’s representative, or a representative of a ballot question committee may touch or otherwise handle a ballot or other election materials.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.928 Designated representative of board of state canvassers {#sec-r-168.928 omnilex-key=us-mi-regs-official--dept-state--R 168.928}

Rule 28. (1) The board of state canvassers may designate 1 or more representatives in each county or recount center to supervise the conduct of recounts on the board of state canvasser’s behalf.

(2) The representative of the board shall be an employee of the department of state, a county clerk, or a staff member of the county clerk, and must have knowledge and experience in conducting a recount.

(3) If more than 1 representative is present at a recount, the representatives present shall designate a lead representative.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.929 Completion of recount; procedure {#sec-r-168.929 omnilex-key=us-mi-regs-official--dept-state--R 168.929}

Rule 29. (1) On completion of the recount of any precinct, all ballots must be placed in the ballot container. The ballot containers must be properly sealed with a state seal supplied by the board of state canvassers. The ballot containers must be returned to the officers charged with their care and custody under R 168.902. The recount staff shall record the new seal number on the ballot container certificate.

(2) At the conclusion of the recount, the board of state canvassers shall notify each interested party that the recount is complete. The board of state canvassers shall provide notice by mail or email.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 168.930 Certificate of recount results {#sec-r-168.930 omnilex-key=us-mi-regs-official--dept-state--R 168.930}

Rule 30. The results of the recount for each county must be entered on a certificate provided for that purpose by the board of state canvassers, signed by the board of county canvassers and representative of the board of state canvassers. The county clerk shall certify that the individuals signing the certificate as members of the board of county canvassers are members of that county. The certificate must be delivered to the board of state canvassers, which shall then compile the returns from each county and certify the result.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

R 169.1 to R 169.65 Campaign Financing

Mich. Admin. Code R 169.1 Definitions {#sec-r-169.1 omnilex-key=us-mi-regs-official--dept-state--R 169.1}

DEPARTMENT OF STATE

ELECTIONS DIVISION

CAMPAIGN FINANCING

(By authority conferred on the secretary of state by section 15 of Act No. 388 of the Public Acts of 1976, as amended, being S169.215 of the Michigan Compiled Laws)

PART 1. GENERAL PROVISIONS

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 388 of the Public Acts of 1976, being S169.201 et seq. of the Michigan Compiled Laws.

(b) "Address" means building number, street or rural route, city, state, and zip code.

(d) "Official depository" means a bank, savings and loan association, or credit union, chartered by the state or the United States, and located and doing business in Michigan.

(e) "Value," "ascertainable monetary value," "anything of value," "thing of value," or "cash equivalent" means the amount usually received in the open market for goods and services.

(2) The terms defined in the act have the same meaning when used in these rules.

History

History: 1979 AC.

Mich. Admin. Code R 169.2 Secretary of state and county clerk; duties and requirements {#sec-r-169.2 omnilex-key=us-mi-regs-official--dept-state--R 169.2}

Rule 2. (1) The duties and requirements imposed upon the secretary of state by the act and these rules may be performed by an agent, and at a place, designated by the secretary of state.

(2) The duties and requirements imposed upon a county clerk by the act and these rules may be performed by an agent, and at a place, designated by the county clerk.

History

History: 1979 AC.

Mich. Admin. Code R 169.3 Statements, reports, amendments, or applications; form; attachments; entries; signature; inspection and copying {#sec-r-169.3 omnilex-key=us-mi-regs-official--dept-state--R 169.3}

Rule 3. (1) A statement, report, amendment, or application required to be filed by the act shall be filed in duplicate on a form prescribed or approved previously by the secretary of state. An attachment to a form shall not be on a page differing in size from the form prescribed, unless approved previously by the filing official.

(2) An entry on a statement, report, amendment, or application shall be printed legibly in ink or typed and shall be suitable for reproduction.

(3) A person filing a statement or report required by the act shall complete each item of information requested or shall note clearly that the item of information is not applicable to the filer.

(4) Committee statements and reports shall be signed by the treasurer of the committee and, if a candidate committee, also by the candidate, on the line indicated following the verification statement. A person, other than a committee, required to file by the act shall sign a document on the line indicated following the verification statement.

(5) Inspection and copying of statements and reports shall take place only at the office of the filing official.

(6) A filing official shall prepare and post a list of general guidelines and rules with respect to the inspection and copying of documents and shall post a schedule of charges for copies.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.4 Reports or statements; late filing fee; date of filing {#sec-r-169.4 omnilex-key=us-mi-regs-official--dept-state--R 169.4}

Rule 4. (1) If a report or statement is filed after the filing date and is not accompanied by a late filing fee, the report or statement shall be received and considered filed as of that date. The filer shall be given a written notice of the amount of the late filing fee due and unpaid.

(2) If payment of the late filing fee assessed by the secretary of state is not made within 30 days of the date of the written notice, the filing official shall notify immediately the Michigan department of treasury of the failure to pay so the latter may collect the late filing fee.

(3) A late filing fee assessed by the secretary of state shall be forwarded to the state treasurer for deposit to the credit of the general fund of the state.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.5 Reports or statements; nonreceipt; list; requests for information; telephone inquiries {#sec-r-169.5 omnilex-key=us-mi-regs-official--dept-state--R 169.5}

Rule 5. (1) A filing official, within 5 business days following a filing date required by the act, shall prepare a list of persons whose required reports or statements have not been received. This list shall be available for public inspection and copying. Prior to completion of the list, inquiries relative to the receipt of filings shall be submitted only in writing or in person.

(2) Upon receipt of any inquiry requesting information relative to the contents of any report or statement filed with a filing official, the filing official shall inform the person requesting information of all of the following:

(a) The report or statement is available for inspection or copying at the office of the filing official.

(b) A copy of any page of the report or statement requested may be obtained by payment of the applicable copying charge.

(c) A request for a copy of a report or statement shall not be honored until receipt by the filing official of the applicable copying charge.

(3) A telephone inquiry relative to a substantive matter in a filed report or statement shall not be answered. A telephone inquiry by a filer or an agent of the filer relative to a report or statement of the filer shall be answered.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.6 Declaratory rulings {#sec-r-169.6 omnilex-key=us-mi-regs-official--dept-state--R 169.6}

Rule 6. (1) The secretary of state, on written request of an interested person, may issue a declaratory ruling as to the applicability of the act or these rules to an actual statement of facts. An interested person is a person whose course of action would be affected by the declaratory ruling. A brief or other reference to legal authorities, upon which the person relies for determination of the applicability of the act or of a rule to the statement of facts, may be submitted with the request.

(2) If the secretary of state decides to issue a declaratory ruling, the person requesting it shall be furnished with a statement to that effect. The statement shall set forth the time in which the ruling shall be issued.

(3) The secretary of state may refuse to issue a declaratory ruling if the request is anonymous, or it is determined the subject matter is frivolous on its face, indefinite, or lacks specificity. If the secretary of state refuses to issue a declaratory ruling, the person making the request, if known, shall be notified of the reason for the refusal.

(4) A ruling shall include the statement of facts, the legal authority, if any, and the rationale on which the secretary of state relies for the ruling, and the determination.

PART 2. COMMITTEES

History

History: 1979 AC.

Mich. Admin. Code R 169.21 Rescinded {#sec-r-169.21 omnilex-key=us-mi-regs-official--dept-state--R 169.21}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.22 Rescinded {#sec-r-169.22 omnilex-key=us-mi-regs-official--dept-state--R 169.22}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.23 Rescinded {#sec-r-169.23 omnilex-key=us-mi-regs-official--dept-state--R 169.23}

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.24 Rescinded {#sec-r-169.24 omnilex-key=us-mi-regs-official--dept-state--R 169.24}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.25 Rescinded {#sec-r-169.25 omnilex-key=us-mi-regs-official--dept-state--R 169.25}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.26 Rescinded {#sec-r-169.26 omnilex-key=us-mi-regs-official--dept-state--R 169.26}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.27 Rescinded {#sec-r-169.27 omnilex-key=us-mi-regs-official--dept-state--R 169.27}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.28 Rescinded {#sec-r-169.28 omnilex-key=us-mi-regs-official--dept-state--R 169.28}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.29 Rescinded {#sec-r-169.29 omnilex-key=us-mi-regs-official--dept-state--R 169.29}

History

History: 1996 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.29a Rescinded {#sec-r-169.29a omnilex-key=us-mi-regs-official--dept-state--R 169.29a}

History

History: 1996 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.29b Rescinded {#sec-r-169.29b omnilex-key=us-mi-regs-official--dept-state--R 169.29b}

History

History: 1996 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.29c Rescinded {#sec-r-169.29c omnilex-key=us-mi-regs-official--dept-state--R 169.29c}

History

History: 1996 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.29d Rescinded {#sec-r-169.29d omnilex-key=us-mi-regs-official--dept-state--R 169.29d}

PART 3. REPORTS, CONTRIBUTIONS, AND EXPENDITURES

History

History: 1997 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.31 Rescinded {#sec-r-169.31 omnilex-key=us-mi-regs-official--dept-state--R 169.31}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.32 Rescinded {#sec-r-169.32 omnilex-key=us-mi-regs-official--dept-state--R 169.32}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.33 Rescinded {#sec-r-169.33 omnilex-key=us-mi-regs-official--dept-state--R 169.33}

History

History: 1979 AC; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.34 Rescinded {#sec-r-169.34 omnilex-key=us-mi-regs-official--dept-state--R 169.34}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.35 Rescinded {#sec-r-169.35 omnilex-key=us-mi-regs-official--dept-state--R 169.35}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.35a Rescinded {#sec-r-169.35a omnilex-key=us-mi-regs-official--dept-state--R 169.35a}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.36 Rescinded {#sec-r-169.36 omnilex-key=us-mi-regs-official--dept-state--R 169.36}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.37 Rescinded {#sec-r-169.37 omnilex-key=us-mi-regs-official--dept-state--R 169.37}

History

History: 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.38 Rescinded {#sec-r-169.38 omnilex-key=us-mi-regs-official--dept-state--R 169.38}

History

History: 1979 AC; 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.39 Rescinded {#sec-r-169.39 omnilex-key=us-mi-regs-official--dept-state--R 169.39}

History

History: 1979 AC; 1989 AACS.

Mich. Admin. Code R 169.39a Rescinded {#sec-r-169.39a omnilex-key=us-mi-regs-official--dept-state--R 169.39a}

History

History: 1982 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.39b Rescinded {#sec-r-169.39b omnilex-key=us-mi-regs-official--dept-state--R 169.39b}

History

History: 1998 - 2000 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.39c Rescinded {#sec-r-169.39c omnilex-key=us-mi-regs-official--dept-state--R 169.39c}

History

History: 1998 - 2000 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.39d Rescinded {#sec-r-169.39d omnilex-key=us-mi-regs-official--dept-state--R 169.39d}

History

History: 1998 - 2000 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.39e Rescinded {#sec-r-169.39e omnilex-key=us-mi-regs-official--dept-state--R 169.39e}

PART 4. STATE CAMPAIGN FUND

History

History: 1998 - 2000 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.41 State campaign fund; reservation of funds {#sec-r-169.41 omnilex-key=us-mi-regs-official--dept-state--R 169.41}

Rule 41. On or before January 1 of each year in which an election for governor is held, the state treasurer shall:

(a) Reserve 3% of the funds available in the state campaign fund to make necessary adjustments required by formulas set forth in section 65(2), (3), (4), and (5) of the act.

(b) Reserve the maximum amount that each candidate for governor of a major political party is entitled to receive for the general election.

History

History: 1979 AC.

Mich. Admin. Code R 169.42 State campaign fund; payments to candidates {#sec-r-169.42 omnilex-key=us-mi-regs-official--dept-state--R 169.42}

Rule 42. The state treasurer, beginning on January 1 of each year in which an election for governor is held, shall make payment immediately from the state campaign fund to eligible candidates on the basis of candidate applications which have been approved by the secretary of state and forwarded to the state treasurer.

History

History: 1979 AC.

Mich. Admin. Code R 169.43 Public funding of elections; qualifying contributions {#sec-r-169.43 omnilex-key=us-mi-regs-official--dept-state--R 169.43}

Rule 43. Qualifying contributions for public funding of the primary or general elections may be obtained from April 1 of the year preceding the year in which a governor is elected until December 31 of the year in which a governor is elected, or until the candidate committee files a dissolution statement, whichever occurs first.

History

History: 1979 AC.

Mich. Admin. Code R 169.44 Public funding of elections; application; approval {#sec-r-169.44 omnilex-key=us-mi-regs-official--dept-state--R 169.44}

Rule 44. An application for public funds shall be submitted to the secretary of state not later than December 15 following the election. The secretary of state shall not approve a post-election application unless the committee demonstrates that the amount applied for is necessary to pay qualified campaign expenditures.

History

History: 1982 AACS.

Mich. Admin. Code R 169.45 Public funding of elections; post-election application; accompanying statement; contents {#sec-r-169.45 omnilex-key=us-mi-regs-official--dept-state--R 169.45}

Rule 45. A post-election application for public funds shall be accompanied by a statement which indicates the balance of the committee's public funds on hand and a list of receipts and expenditures of public funds between the closing date of the last campaign statement filed and the date the application is filed.

History

History: 1982 AACS.

Mich. Admin. Code R 169.46 Public funding of elections; return of funds; post-election returns; return period; exception {#sec-r-169.46 omnilex-key=us-mi-regs-official--dept-state--R 169.46}

Rule 46. (1) Public funds held by a committee shall be returned to the state within 60 days after the election, unless the committee has obtained prior written approval for retention of the funds from the secretary of state and the funds retained are directed to, and not in excess of, qualified campaign expenditures.

(2) The secretary of state may require a committee to file a monthly report accounting for the use of any funds retained pursuant to subrule (1) of this rule.

History

History: 1982 AACS.

Mich. Admin. Code R 169.47 Public funding of elections; return of funds; voluntary returns; accompanying statement; contents; prompt returns {#sec-r-169.47 omnilex-key=us-mi-regs-official--dept-state--R 169.47}

Rule 47. (1) When a committee voluntarily terminates its public fund account, it shall return any balance to the state. If the account is terminated after the closing date of the post-election campaign statement for the election for which public funds were received, the committee shall provide the secretary of state with a written statement indicating that the committee's public fund account contains a zero balance. The statement shall be accompanied by a list of receipts and expenditures of public funds between the closing date of the last campaign statement filed and the date the written statement is filed.

(2) A committee which has terminated its public fund account shall promptly return to the state any refund or rebate arising out of expenditures for which public funds were originally used or any proceeds from the sale of assets originally purchased with public funds.

History

History: 1982 AACS.

Mich. Admin. Code R 169.48 Public funding of elections; return of funds; submission by written instrument {#sec-r-169.48 omnilex-key=us-mi-regs-official--dept-state--R 169.48}

Rule 48. Public funds returned to the state shall be submitted to the secretary of state by written instrument made payable to: "State of Michigan."

PART 5. COMPLAINTS AND INVESTIGATIONS

History

History: 1982 AACS.

Mich. Admin. Code R 169.51 Complaint generally {#sec-r-169.51 omnilex-key=us-mi-regs-official--dept-state--R 169.51}

Rule 51. A person who believes a violation of the act or these rules has occurred may file a written complaint in person or by mail with the secretary of state.

History

History: 1979 AC.

Mich. Admin. Code R 169.52 Complaint; form and contents {#sec-r-169.52 omnilex-key=us-mi-regs-official--dept-state--R 169.52}

Rule 52. (1) A complaint shall be typewritten or handwritten in ink. The complainant's name, address, and telephone number shall be typewritten or handprinted upon the complaint. A complaint shall include the following verification statement: "I certify that the statements set forth above are true to the best of my knowledge and belief."

A complaint shall be signed by the complainant immediately following the verification statement.

(2) A complaint shall name the alleged violator, set forth the alleged violator's address, describe in reasonable detail the alleged violation, and identify all available evidentiary material.

History

History: 1979 AC.

Mich. Admin. Code R 169.53 Complaint; dismissal {#sec-r-169.53 omnilex-key=us-mi-regs-official--dept-state--R 169.53}

Rule 53. If, upon reading the complaint, the secretary of state determines a complaint is frivolous, illegible, indefinite, or unsigned, or does not identify an alleged violator, allege a violation of the act or these rules, or contain a verification statement, the secretary of state may summarily dismiss the complaint without prejudice. If a complaint is summarily dismissed, the complainant shall be notified in writing as to the reason the complaint was dismissed.

History

History: 1979 AC.

Mich. Admin. Code R 169.54 Complaint; indication to person against whom allegation made {#sec-r-169.54 omnilex-key=us-mi-regs-official--dept-state--R 169.54}

Rule 54. If a complaint is not summarily dismissed, or if the secretary of state, upon examination of a report filed pursuant to the act, finds there may be reason to believe a violation of the act or these rules has occurred, the secretary of state shall indicate immediately, to the person against whom an allegation is made, the following:

(a) A complaint has been made alleging, or examination of a filed report indicates, possible violation of the act or these rules.

(b) The specifics of the alleged violation.

(d) The provisions of these rules relative to complaints and investigations.

History

History: 1979 AC.

Mich. Admin. Code R 169.55 Preliminary review of alleged violation; dismissal of complaint; notice of informal hearing {#sec-r-169.55 omnilex-key=us-mi-regs-official--dept-state--R 169.55}

Rule 55. (1) The secretary of state, upon written complaint or examination of a report filed pursuant to the act, may conduct a preliminary review of an alleged violation to determine if there may be reason to believe a violation of the act or these rules has occurred.

(2) If, following a preliminary review, the secretary of state determines there is no reason to believe an allegation is true, the complaint shall be dismissed. Notice of this decision shall be given by the secretary of state to the complainant and the person against whom an allegation has been made.

(3) If, following a preliminary review, the secretary of state determines there may be reason to believe an allegation is true, the secretary of state may take either of the following actions:

(a) Notify the person against whom the allegation is made and the complainant that an informal hearing will be held to determine whether there is reason to believe a violation of the act or these rules has occurred.

(b) Attempt to correct or prevent further violation by informal methods of conference, conciliation, and persuasion, and enter into a conciliation agreement with the person involved. If the secretary of state is unable to correct or prevent further violation by these informal methods, the person against whom the allegation is made and the complainant shall be notified that an informal hearing shall be held to determine whether there is reason to believe a violation of the act or these rules has occurred.

(4) The notice shall give the parties involved reasonable time to appear, if they choose to do so. The parties shall be notified of the time and place of the hearing, that they may appear in person or by counsel, and that they may give testimony.

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.56 Informal hearing; dismissal of complaint; notice of decision {#sec-r-169.56 omnilex-key=us-mi-regs-official--dept-state--R 169.56}

Rule 56. (1) If, following the informal hearing, the secretary of state determines there is no reason to believe a violation of the act or these rules has occurred, the complaint shall be dismissed. The parties shall be notified of this decision.

(2) If, following the informal hearing, the secretary of state determines that the alleged violation may be corrected, or further violation may be prevented, by informal methods of conference, conciliation, and persuasion, the secretary of state may enter into a conciliation agreement with the person involved.

(3) If, following the informal hearing, the secretary of state determines there is reason to believe a violation of the act or these rules has occurred, the secretary of state may notify the attorney general of the decision if the allegation was made as the result of a complaint.If the allegation was made as the result of an examination of a report filed pursuant to the act, the secretary of state shall notify the attorney general of the decision.

(4) If, following the informal hearing, the secretary of state determines not to report the hearing's results to the attorney general, the secretary of state shall notify the parties of this decision.

PART 6. OFFICEHOLDER'S EXPENSE FUND

History

History: 1979 AC; 1982 AACS.

Mich. Admin. Code R 169.61 Rescinded {#sec-r-169.61 omnilex-key=us-mi-regs-official--dept-state--R 169.61}

History

History: 1989 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.62 Rescinded {#sec-r-169.62 omnilex-key=us-mi-regs-official--dept-state--R 169.62}

History

History: 1989 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.63 Rescinded {#sec-r-169.63 omnilex-key=us-mi-regs-official--dept-state--R 169.63}

History

History: 1989 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.64 Rescinded {#sec-r-169.64 omnilex-key=us-mi-regs-official--dept-state--R 169.64}

History

History: 1989 AACS; 2026 MR 11, Eff. June 15, 2026.

Mich. Admin. Code R 169.65 Rescinded {#sec-r-169.65 omnilex-key=us-mi-regs-official--dept-state--R 169.65}

History

History: 1989 AACS; 2026 MR 11, Eff. June 15, 2026.

Driver Licensing Driver Licensing

R 257.1 to R 257.5 Visual Standards for Motor Vehicle Drivers' Licenses

Mich. Admin. Code R 257.1 Vision examinations {#sec-r-257.1 omnilex-key=us-mi-regs-official--dept-state--R 257.1}

DEPARTMENT OF STATE

BUREAU OF BRANCH OFFICE SERVICES

VISUAL STANDARDS FOR MOTOR VEHICLE DRIVERS' LICENSES

(By authority conferred on the secretary of state by section 309 of the Michigan vehicle code, 1949 PA 300, MCL 257.309)

Rule 1. A driver's license applicant and a licensed driver examined as required under chapter 3 of Act No. 300 of the Public Acts of 1949, as amended, being SS257.301 to 257.327 of the Michigan Compiled Laws, in order to be licensed shall successfully pass a vision test authorized or administered by the department and meet other requirements of law. Whenever required hereunder, he shall submit a statement of examination on a form prescribed by or acceptable to the department which shall contain the name, address, title, and signature of an ophthalmologist or an optometrist, and the full name, address, date of birth, result of the examination, date of examination, and signature of the applicant.

History

History: 1979 AC.

Mich. Admin. Code R 257.2 Unrestricted drivers' licenses {#sec-r-257.2 omnilex-key=us-mi-regs-official--dept-state--R 257.2}

Rule 2. An unrestricted driver's license may be issued to an applicant or licensee who has visual acuity of 20/40 and a peripheral field of vision of 140 degrees.

Visual acuity less than 20/40 to and including 20/50 and a peripheral field of vision of 140 degrees or less to and including 110 degrees may be accepted if the applicant or licensee submits a statement of examination on a form prescribed by or acceptable to the department signed by an ophthalmologist or optometrist.

History

History: 1979 AC.

Mich. Admin. Code R 257.3 Restricted drivers' licenses {#sec-r-257.3 omnilex-key=us-mi-regs-official--dept-state--R 257.3}

Rule 3. (1) A restricted driver's license requiring the driver to wear appropriate corrective lenses while driving may be issued if corrective lenses are necessary to meet any vision requirement.

(2) A restricted driver's license allowing daylight driving only may be issued if an applicant or licensee submits a statement from an ophthalmologist or optometrist stating 1 of the following:

(a) The applicant or licensee has visual acuity less than 20/50 to and including 20/70 with no recognizable progressive abnormalities affecting vision.

(b) The applicant or licensee has visual acuity less than 20/50 to and including 20/60 with recognizable progressive abnormalities affecting vision.

(3) A restricted driver's license containing additional conditions and requirements may be issued to an applicant or licensee who has a peripheral field of vision of less than 110 degrees to and including 90 degrees. The applicant or licensee shall pass any driving test specified by the department.

(4) A restricted driver’s license for the use of bioptic or telescopic lenses may be issued to an applicant or licensee who has not less than 20/50 visual acuity in 1 eye if the following are satisfied:

(a) The applicant or licensee receives satisfactory behind the wheel training in the use of bioptic or telescopic lenses from a qualified individual as specified by the department.

(b) The applicant or licensee passes testing as specified by the department.

(5) A restricted driver's license may contain additional conditions and requirements.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 257.4 Denial or suspension of drivers' licenses {#sec-r-257.4 omnilex-key=us-mi-regs-official--dept-state--R 257.4}

Rule 4. A driver's license must be denied or suspended indefinitely if an applicant or licensee has visual acuity less than 20/60 with recognizable progressive abnormalities affecting vision; visual acuity less than 20/70 without recognizable progressive abnormalities affecting vision; visual acuity of 20/100 or less in 1 eye and less than 20/50 in the other; or an unaided peripheral field of vision less than 90 degrees.

History

History: 1979 AC; 2025 MR 12, Eff. May 12, 2025.

Mich. Admin. Code R 257.5 Additional examinations {#sec-r-257.5 omnilex-key=us-mi-regs-official--dept-state--R 257.5}

Rule 5. The department may require an additional examination of the applicant or licensee.

History

History: 1979 AC.

Vehicles & Watercraft Vehicles & Watercraft

R 257.11 to R 257.14 Michigan Personalized Plates Rules

Mich. Admin. Code R 257.11 Definitions {#sec-r-257.11 omnilex-key=us-mi-regs-official--dept-state--R 257.11}

DEPARTMENT OF STATE

BUREAU OF VEHICLES & WATERCRAFT

MICHIGAN PERSONALIZED PLATE RULES

(By authority conferred on the secretary of state by section 16 of 1978 PA 472, MCL 4.426)

Rule 11. (1) As used in these rules:

(a) “Act” means the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

(b) “Personalized plate” means registration plates issued under section 803b or section 803m of the act, MCL 257.803b or 257.803m.

(2) A term defined in the act has the same meaning when used in these rules.

History

History: 2025 MR 20, Eff. October 24, 2025.

Mich. Admin. Code R 257.12 Application for personalized plate {#sec-r-257.12 omnilex-key=us-mi-regs-official--dept-state--R 257.12}

Rule 12. (1) An owner of a vehicle subject to registration under the act may apply for a personalized plate instead of a standard plate.

(2) An owner shall submit their desired personalized plate configuration of letters, numbers, or letters and numbers on an application under section 217 of the act, MCL 257.217.

(3) The secretary of state shall examine the application under section 209 of the act, MCL 257.209, using the criteria in R 257.13 and may require additional information and reject an application if not satisfied with the genuineness, regularity, or legality of the application.

History

History: 2025 MR 20, Eff. October 24, 2025.

Mich. Admin. Code R 257.13 Personalized plate criteria {#sec-r-257.13 omnilex-key=us-mi-regs-official--dept-state--R 257.13}

Rule 13. A personalized plate may be issued bearing a configuration of letters, numbers, or letters and numbers that the secretary of state prescribes but may not contain a configuration that carries a connotation that is any of the following:

(a) Profane or obscene.

(b) A swear word or depiction of a swear word.

(d) Excretory-related.

(e) Used to describe intimate body parts or genitals.

(f) Used to describe alcohol, alcohol use, drugs, drug culture or drug use.

(g) Used to describe illegal activities or illegal substances.

(h) Substantially interferes with plate identification for law enforcement purposes.

(i) Used to disparage or promote or condone hate or violence directed at any type of business, group, or persons.

(j) A foreign word falling into these categories.

(k) Conflicts with the regular license plate numbering system.

History

History: 2025 MR 20, Eff. October 24, 2025.

Mich. Admin. Code R 257.14 Recall {#sec-r-257.14 omnilex-key=us-mi-regs-official--dept-state--R 257.14}

Rule 14. (1) The issuance of personalized plates is a voluntary program and may be suspended or cancelled at any time by the secretary of state.

(2) Under the act, registration plates are the property of this state and once issued, if at a later date the plate configuration is determined to conflict with R 257.13, the secretary of state may recall the plate.

History

History: 2025 MR 20, Eff. October 24, 2025.

R 257.21 to R 257.22 Dealer Designation Rules

Mich. Admin. Code R 257.21 Definitions {#sec-r-257.21 omnilex-key=us-mi-regs-official--dept-state--R 257.21}

DEPARTMENT OF STATE

BUREAU OF AUTOMOTIVE REGULATION

DEALER DESIGNATION RULES

(By authority conferred on the secretary of state by section 204 of Act No. 300 of the Public Acts of 1949, being S257.204 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(b) "Field office" means an office of the secretary of state where a dealer makes application to the secretary of state for titles, transfers or secures registration plates, and secures a certificate of registration for a vehicle, in the name of the transferee.

(2) The terms defined in the act have the same meaning when used in these rules.

History

History: 1979 AC.

Mich. Admin. Code R 257.22 Designation of field office {#sec-r-257.22 omnilex-key=us-mi-regs-official--dept-state--R 257.22}

Rule 2. The secretary of state shall designate to each dealer the only field office or field offices at which the dealer shall conduct business.

History

History: 1979 AC.

Vehicles & Watercraft Vehicles & Watercraft

R 257.71 to R 257.72 All-Terrain Vehicles

Mich. Admin. Code R 257.71 Definitions {#sec-r-257.71 omnilex-key=us-mi-regs-official--dept-state--R 257.71}

www.michigan.gov/orr DEPARTMENT OF STATE BUREAU OF BRANCH OFFICE SERVICES ALL-TERRAIN VEHICLES By authority conferred on the secretary of state by section 204 of Act No. 300 of the Public Acts of 1949, as amended, being S257.204 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(b) "All-terrain vehicle" means any motor vehicle with 3 or more wheels which is designed and manufactured for recreational off-road use, but not for highway use, any motor vehicle with a live axle, or any motor vehicle designed to be used with 3 or more low pressure tires.

(c) "Live axle" means an axle construction where both driving wheels always rotate at the same speed. The possibility of automatically or manually changing that relationship does not remove an axle construction from this definition.

(d) "Low pressure tire" means any pneumatic tire which is 6 inches or more in width, which is designed for use on a wheel with a rim diameter of 12 inches or less, and which utilizes an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.

(2) The terms defined in the act have the same meanings when used in these rules.

History

History: 1987 AACS.

Mich. Admin. Code R 257.72 Registration and titling prohibited {#sec-r-257.72 omnilex-key=us-mi-regs-official--dept-state--R 257.72}

Rule 2. The secretary of state shall not register or title an all-terrain vehicle for highway or street use.

History

History: 1987 AACS.

R 257.181 to R 257.191 Licensing Vehicle Brokers

Mich. Admin. Code R 257.181 Definitions {#sec-r-257.181 omnilex-key=us-mi-regs-official--dept-state--R 257.181}

DEPARTMENT OF STATE

BUREAU OF AUTOMOTIVE REGULATION

LICENSING VEHICLE BROKERS

(By authority conferred on the secretary of state by 1949 PA 300 and 1998 PA 455, MCL 257.204 and 257.251)

Rule 1. (1) As used in these rules:

(a) "Act" means 1949 PA 300, MCL 257.1 et seq.

(b) "Administrator" means the secretary of state or any person designated by the secretary of state to act in his or her place.

(c) "Broker" means a person who does not acquire ownership of a vehicle and who, for a consideration, does or offers to do at least 1 of the following with respect to the sale, lease, purchase, or exchange of a vehicle of a type required to be registered under the act and with respect to which he or she does not have title or other legal interest:

(i) Brings together a buyer and seller or a lessee and lessor of a vehicle.

(ii) Negotiates the terms of a transaction.

(iii) Shows or displays a vehicle. "Broker" does not include a person employed by a licensed dealer, while acting within the scope of his or her employment.

(2) Terms defined in the act have the same meanings when used in these rules.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.182 Address of administrator {#sec-r-257.182 omnilex-key=us-mi-regs-official--dept-state--R 257.182}

Rule 2. The official address of the administrator for delivery and receipt of all mail, telegrams, information, filings, registrations, applications, and other material required by the act or these rules is:

Department of State Bureau of Automotive Regulation Mutual Building - Second Floor 208 N. Capitol Avenue Lansing, Michigan 48918-1200

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.183 Declaratory rulings {#sec-r-257.183 omnilex-key=us-mi-regs-official--dept-state--R 257.183}

Rule 3. (1) The administrator, on written request of an interested person, may issue a declaratory ruling as to the applicability to an actual statement of facts of the act or these rules upon submission of the following:

(a) A clear and concise statement of the actual statement of facts.

(b) If the interested person desires, a brief or other reference to legal authorities upon which he or she relies for determination of the applicability of the act or these rules to the statement of facts.

(2) A declaratory ruling shall include all of the following:

(a) The actual statement of facts.

(b) The legal authority on which the department relies for its ruling, if any.

(3) A ruling once issued is binding on the administrator and it may not retroactively be changed, but nothing in this rule shall prohibit the administrator from prospectively changing a ruling.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.184 Brokering by dealers prohibited {#sec-r-257.184 omnilex-key=us-mi-regs-official--dept-state--R 257.184}

Rule 4. The following entities shall not be licensed as, or function as, a broker:

(a) New vehicle dealer.

(b) Used or secondhand vehicle dealer.

(d) Vehicle scrap metal processor.

(e) Distressed vehicle transporter.

(f) Foreign salvage vehicle dealer.

(g) Automotive recycler.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.185 Brokering of new vehicles {#sec-r-257.185 omnilex-key=us-mi-regs-official--dept-state--R 257.185}

Rule 5. A broker shall, in brokering the sale or lease of new vehicles, deal through a licensed class A dealer in this state.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.186 Brokering of used vehicles; requirements {#sec-r-257.186 omnilex-key=us-mi-regs-official--dept-state--R 257.186}

Rule 6. (1) In brokering the sale or lease of used vehicles, a broker is not required to deal through a licensed vehicle dealer.

(2) In a used vehicle transaction where neither the buyer, seller, lessee, nor lessor is a licensed vehicle dealer, the broker shall apply for title and registration for the vehicle as provided in section 217 of the act and shall submit all taxes that are due on the transaction.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.187 Advertising; disclosure of identity required {#sec-r-257.187 omnilex-key=us-mi-regs-official--dept-state--R 257.187}

Rule 7. If a broker advertises, then the advertisement shall include a disclosure of the advertiser's identity as a broker and his or her dealer license number.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.188 Purchase or lease agreement; terms {#sec-r-257.188 omnilex-key=us-mi-regs-official--dept-state--R 257.188}

Rule 8. (1) before consummation of a sale or lease, a broker who negotiates the sale or lease of a vehicle shall draw up an agreement that shall be in addition to, and shall not differ in its terms from, any other papers, forms, or documents required by the act or otherwise executed between the buyer and the seller or the lessee and lessor of the vehicle. The broker shall retain a copy of the agreement and shall provide copies to each party to the agreement at the time the agreement is signed. The agreement shall be on a form prescribed by the administrator, shall be dated not later than the actual delivery date of the vehicle to the buyer or lessee, and shall contain all of the following information:

(a) The name and address of the buyer or lessee.

(b) A description of the vehicle including all of the following information:

(i) Make.

(ii) Model year.

(iii) Vehicle identification number.

(iv) Body style.

(v) Dealer and factory-installed accessories.

(c) The name, address, and Michigan dealer license number of the dealer who is purchasing, selling, or leasing the vehicle.

(d) The name, address, and Michigan dealer license number of the broker.

(e) Date of delivery.

(f) Odometer reading and 1 of the following:

(i) A statement by the transferor certifying that, to the best of his or her knowledge, the odometer reading reflects the actual mileage of the vehicle.

(ii) If the transferor knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical odometer limit, a statement to that effect.

(iii) If the transferor knows that the odometer reading differs from the actual mileage and the difference is greater than that caused by odometer calibration error, a statement that the odometer reading does not reflect the actual mileage and should not be relied upon. The notice shall include a warning notice to alert the transferee that a discrepancy exists between the odometer and the actual mileage.

(g) Total price or, in the case of a lease, the gross capitalized cost.

(h) Down payment or, in the case of a lease, the capitalized cost reduction, if any.

(i) A statement signed by the broker certifying that the terms of all warranties applicable to the vehicle have been fully disclosed to the buyer or lessee in writing.

(j) A statement signed by the broker disclosing the names of all parties to the transaction whom the broker represents.

(k) If a fee, compensation, commission, or other valuable consideration will be paid by any party to the transaction, the amount of the fee, compensation, or other valuable consideration and a detailed description of what each individual charge includes.

(l) Signatures of the buyer, seller, broker, or lessee, or their respective representatives.

(2) For the purpose of this rule, it is presumed that the broker is the agent of the unlicensed party to the transaction.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.189 Broker's fee in writing {#sec-r-257.189 omnilex-key=us-mi-regs-official--dept-state--R 257.189}

Rule 9. Before a broker charges or receives a fee, the broker and the person paying the fee shall draw up and sign a written document, and a copy of the document shall be provided at the time of signing to the person paying the fee and a copy retained by the broker. A broker shall ensure that the document clearly sets forth all of the following information:

(a) The amount of the fee.

(b) When, in what manner, and under what circumstances the fee is payable.

(c) The amount of any deposit required in advance and whether an under what circumstances the deposit or any portion of it shall be refunded.

(d) The length of time for which the broker's services are contracted.

(e) Any other terms agreed upon by the signers.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.190 Records {#sec-r-257.190 omnilex-key=us-mi-regs-official--dept-state--R 257.190}

Rule 10. (1) A broker shall maintain for a period of not less than 5 years from their making, copies of all purchase or lease agreements, bills of sale, and other papers and documents relating to transactions negotiated and fees charged by the broker.

(2) Upon the request of the administrator, a broker shall submit to the administrator copies of all records required by the act or these rules. The administrator shall specify the format in which the records shall be submitted, which may be electronic. This subrule shall only apply to records of vehicles sold at retail by a licensed dealer where a broker is involved in the transaction.

History

History: 1979 AC; 1998-2000 AACS.

Mich. Admin. Code R 257.191 Established place of business; requirements; restriction {#sec-r-257.191 omnilex-key=us-mi-regs-official--dept-state--R 257.191}

Rule 11. A broker shall maintain an established place of business, approved by the administrator, at which place the broker shall keep all required books and records, maintain posted business hours, and conduct a large share of his or her business. A broker's established place of business shall not be occupied as the established place of business of another licensed vehicle dealer.

History

History: 1979 AC; 1998-2000 AACS.

R 257.251 to R 257.257 Salvage Vehicle Records

Mich. Admin. Code R 257.251 Definitions {#sec-r-257.251 omnilex-key=us-mi-regs-official--dept-state--R 257.251}

DEPARTMENT OF STATE

BUREAU OF AUTOMOTIVE REGULATION

SALVAGE VEHICLE RECORDS

(By authority conferred on the secretary of state by sections 204 and 251 of Act No. 300 of the Public Acts of 1949, as amended, being SS257.204 and 257.251 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules, "code" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(2) A term defined in the code has the same meaning when used in these rules.

History

History: 1980 AACS.

Mich. Admin. Code R 257.252 Vehicle salvage pool operator; vehicle scrap metal processor; distressed vehicle transporter; seller of major component parts; record maintenance periods {#sec-r-257.252 omnilex-key=us-mi-regs-official--dept-state--R 257.252}

Rule 2. (1) A person who is licensed as a vehicle salvage pool operator shall maintain, for a period of not less than 4 years after the disposal of a distressed vehicle, those forms, documents, and records which relate to the storage of the vehicle.

(2) A person who is licensed as a vehicle scrap metal processor shall maintain, for a period of not less than 4 years after the disposal of a distressed vehicle, those forms, documents, and records which relate to the buying and acquiring of the vehicle for the purpose of processing and selling the metal.

(3) A person who is licensed as a distressed vehicle transporter shall maintain, for a period of not less than 4 years after the disposal of a distressed vehicle, those forms, documents, and records which relate to the buying, acquiring, and selling of the distressed vehicle.

(4) A person who is licensed to sell major component parts of used vehicles shall maintain, for a period of not less than 4 years from the time of sale, those forms, documents, and records which relate to the sale of used vehicle parts.

History

History: 1980 AACS.

Mich. Admin. Code R 257.253 Salvage vehicle disclosure certification {#sec-r-257.253 omnilex-key=us-mi-regs-official--dept-state--R 257.253}

Rule 3. (1) Before entering into an agreement of sale, a dealer who sells a late model salvage vehicle which has been repaired shall certify to the buyer in writing that the vehicle was previously distressed.

(2) The certification may be written or printed directly on a document which evidences the agreement or on a separate document attached to the agreement.

(3) The certification shall read substantially as follows:

Salvage Vehicle Disclosure Certification The purchaser of this vehicle has been informed by the seller, before entering into an agreement of sale, that the vehicle described below was previously wrecked, destroyed, or damaged to the extent that a previous owner considered the vehicle uneconomical to repair. _________________________ __________________________________________ (Date) (Signature of Purchaser) _________________________ __________________________________________ (Date) (Signature of Seller) _____________________________________________________________________ _____ (Make) (Model) (Year) (V.I.N.) (Seller's Dealer Number)

History

History: 1980 AACS.

Mich. Admin. Code R 257.254 Distressed vehicle sale records; content; maintenance period {#sec-r-257.254 omnilex-key=us-mi-regs-official--dept-state--R 257.254}

Rule 4. A dealer shall maintain, in a bound volume, a separate record of each late model distressed vehicle bought, sold, exchanged, accepted, or otherwise acquired by the dealer for the purpose of sale, exchange, wrecking, or storage. The record shall contain, in addition to the information required by the code, the make, model year, and body style of each vehicle for which records are kept. These records shall be maintained by the dealer for a period of not less than 4 years.

History

History: 1980 AACS.

Mich. Admin. Code R 257.255 Distressed vehicle transporter license; application information {#sec-r-257.255 omnilex-key=us-mi-regs-official--dept-state--R 257.255}

Rule 5. (1) An applicant for a distressed vehicle transporter's license shall submit to the secretary of state, in addition to other information required by the code, a description of the established place of business to be licensed and the following information:

(a) A sketch or photograph that accurately depicts the physical dimensions of the established place of business.

(b) Certification from the appropriate political subdivision that the proposed established place of business is in compliance with local zoning requirements.

(2) A license as a distressed vehicle transporter is not needed to engage in the business of towing disabled vehicles.

History

History: 1980 AACS.

Mich. Admin. Code R 257.256 Vehicle salvage pool operator license; application information {#sec-r-257.256 omnilex-key=us-mi-regs-official--dept-state--R 257.256}

Rule 6. An applicant for a vehicle salvage pool operator license shall submit to the secretary of state, in addition to the other information required by the code, a description of the established place of business to be licensed and all of the following information:

(a) A sketch or photograph that accurately depicts the physical dimensions of the established place of business.

(b) Certification from the appropriate political subdivision that the proposed established place of business is in compliance with local zoning requirements.

History

History: 1980 AACS.

Mich. Admin. Code R 257.257 Vehicle scrap metal processor license; application information {#sec-r-257.257 omnilex-key=us-mi-regs-official--dept-state--R 257.257}

Rule 7. An applicant for a vehicle scrap metal processor license who purchases a vehicle from an unlicensed person shall submit to the secretary of state, in addition to other information required by the code, a description of the established place of business and all of the following information:

(a) A sketch or photograph that accurately depicts the physical dimensions of the established place of business.

(b) Certification from the appropriate political subdivision that the proposed established place of business is in compliance with local zoning requirements.

History

History: 1980 AACS.

Driver Licensing Driver Licensing

R 257.301 to R 257.316 Driver License General Rules

Mich. Admin. Code R 257.301 Definitions {#sec-r-257.301 omnilex-key=us-mi-regs-official--dept-state--R 257.301}

DEPARTMENT OF STATE

BUREAU OF REGULATORY SERVICES

DRIVER LICENSE GENERAL RULES

(By authority conferred on the secretary of state by sections 204 and 625k of 1949 PA 300, MCL 257.204 and 257.625k, and section 33 of 1969 PA 306, MCL 24.233)

Rule 1. (1) As used in these rules:

(a) "Abstinence" means to refrain completely from consuming any amount of any type of alcoholic beverage or controlled substance, except a controlled substance prescribed for the petitioner by a licensed health professional.

(b) "Act" means 1949 PA 300, MCL 257.1.

(c) "Administrator" means the secretary of state or an individual designated by the secretary of state to act in his or her place.

(d) "Appeal hearing" means an appeal under section 322 of the act.

(e) "Communication equipment" means a conference telephone, video conferencing equipment, or other electronic device.

(f) "Current substance abuse evaluation" means an evaluation that is dated not more than 3 months before the date it is received by the department.

(g) "Division" means the driver assessment and appeal division, or any subsequent name assigned to the unit responsible for administering these rules, of the bureau of regulatory services of the department.

(h) "Hearing" means an appeal under section 322 of the act or a proceeding under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(i) "Hearing officer" means a person who is appointed by the secretary of state to conduct hearings.

(j) "Implied consent hearing" means a proceeding under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(k) "Natural resources and environmental protection act" means 1994 PA 451, MCL 324.101.

(l) "Party" means either of the following:

(i) A petitioner.

(ii) The arresting police officer or the police officer in charge of the case.

(m) "Petitioner" means a person who qualifies for a hearing.

(n) "Structured support program" means specific activities that a substanceabusive or substance-dependent individual has incorporated into his or her lifestyle to help support his or her continued abstinence from alcohol or controlled substances, or both.

(o) "Substance abuse evaluation" means a written report regarding the petitioner on a form prescribed by the department that includes a statement of the testing instruments used and the test results, if any exist, a complete treatment and support group history, diagnoses, prognoses, and relapse histories, including those relapse histories that predate the beginning of the most recent treatment program.

(p) "Urinalysis drug screen" means a chemical analysis of an individual's urine to determine the presence of alcohol or controlled substances, or both.

(2) A word or term defined in the act has the same meaning when used in these rules.

History

History: 1992 AACS; 1998-2000 AACS; 2011 AACS.

Mich. Admin. Code R 257.301a Definitions {#sec-r-257.301a omnilex-key=us-mi-regs-official--dept-state--R 257.301a}

Rule 1a. As used in these rules:

(a) "BAIID" means a properly functioning breath alcohol ignition interlock device that meets or exceeds the requirements of section 625k of the act.

(b) "Calibrate" means to test and adjust a BAIID so that it accurately measures breath alcohol concentration.

(c) "Circumvent" means to do, or attempt to do, any of the following to start a vehicle without taking and passing a start-up test:

(i) Use a bogus or filtered breath sample.

(ii) Use an electronic bypass or override mechanism to start a vehicle.

(iii) Push start or hot wire a vehicle.

(iv) Use any other method to bypass or override the BAIID to start a vehicle.

(d) "Major violation" means any of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act:

(i) A rolling retest violation.

(ii) The petitioner is issued a permit under section 625g of the act.

(iii) The petitioner is convicted of violating section 625l of the act.

(iv) Servicing of the BAIID indicates that the BAIID has been tampered with or circumvented or that there was an attempt to tamper with or circumvent the BAIID.

(v) Three minor violations.

(vi) A BAIID is removed from a vehicle without an order from the department authorizing removal of the BAIID. This subparagraph does not apply if a BAIID is installed within 7 days after removal in any vehicle owned or operated by a petitioner whose license is restricted.

(vii) Operating any motor vehicle without a properly installed and functioning BAIID.

(e) "Minor violation" means either of the following during a monitoring period if the BAIID is a requirement of a restricted license issued under section 322(6) of the act:

(i) After the BAIID has been installed for at least 2 months, 3 start-up test failures.

(ii) The petitioner fails to report to the BAIID manufacturer, installer, or service provider for monitoring within 7 days after his or her scheduled service date.

(f) "Monitoring period" means any period a BAIID is installed in a vehicle or is required by any of the following:

(i) The act.

(ii) A hearing officer.

(iii) Any extensions imposed by the department under the act or these rules.

(g) "Rolling retest violation" means either of the following:

(i) The BAIID has detected, while the vehicle is in operation, an alcohol content identified in section 625k(5)(a)(iii)(B)(II) of the act. This subparagraph does not apply if, within 5 minutes of that detection, the person delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters of breath.

(ii) The person fails to take a rolling retest when prompted to do so by the BAIID.

(h) "Service" means all of the following:

(i) Calibrate a BAIID.

(ii) Maintain a BAIID.

(iii) Download data from a BAIID.

(iv) Inspect a BAIID for evidence of tampering or circumventing.

(v) Invalidate any override for the BAIID previously provided by the manufacturer, installer, or service provider to the driver or on behalf of the driver.

(i) "Start-up test" means a breath test required to start a vehicle to ensure that the driver's breath alcohol content is below the maximum allowable level before the BAIID will allow a driver to start a vehicle.

(j) "Start-up test failure" means the BAIID has prevented the motor vehicle from being started after a start-up test. This subdivision does not apply if a passing test is provided within 15 minutes of the initial start-up test. Multiple unsuccessful attempts at 1 time to start the vehicle shall be treated as 1 start-up test failure under this subdivision. Unsuccessful attempts 1 hour or more apart shall be treated as separate start-up test failures under this subdivision.

(k) "Tamper" means to do, or attempt to do, any of the following without authorization from the manufacturer, installer, or service provider and the department so that a driver can start the vehicle without taking and passing a start-up test:

(i) Physically alter or disable a BAIID.

(ii) Disconnect a BAIID from its power source.

(iii) Remove, alter, or deface physical anti-tampering measures on the BAIID.

History

History: 2011 AACS.

Mich. Admin. Code R 257.302 Request for hearing; contents; notice of denial; appearance of attorney {#sec-r-257.302 omnilex-key=us-mi-regs-official--dept-state--R 257.302}

Rule 2. (1) A request for a hearing shall comply with all of the following requirements:

(a) Be in writing.

(b) Include all of the following information with respect to the petitioner:

(i) Full name.

(ii) Home and mailing addresses.

(iii) Telephone number.

(iv) Date of birth.

(v) Driver license number, if known.

(d) With respect to an appeal hearing that involves a review of a departmental determination which results in a denial or revocation under section 303(1)(d) or (f) or (2)(c), (d), or (f) of the act, the division shall not schedule the hearing unless the request also includes a current substance abuse evaluation on a form prescribed by the department.

(2) If a petitioner is represented by an attorney at the time a request for a hearing is filed, then the request shall include all of the following information with respect to the attorney:

(a) Name.

(b) P number.

(d) Telephone number.

(e) Facsimile machine number, if available.

(3) A petitioner shall ensure that a request for a hearing that is filed by mail is postmarked, or that a request for a hearing that is filed by facsimile machine or hand delivery arrives at the division office in Lansing, within 1 of the following time periods, as applicable:

(a) Under section 322 of the act, within 14 days after the final determination of the secretary of state.

(b) Under section 625f of the act, within 14 days after the date of the notice issued under section 625e of the act.

(c) Under the provisions of section 80190, 81140, or 82146 of the natural resources and environmental protection act, within 14 days after the date of the notice issued under section 80189, 81139, or 82145 of the natural resources and environmental protection act.

(4) If a request for a hearing is denied, then the administrator shall notify the petitioner and his or her attorney, if any, in writing, stating the reasons for the denial.

(5) An attorney shall not represent a party unless a written appearance has been filed.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.303 Hearing scheduling; hearing site; notice of hearing; contents; defective notice; accuracy of information on file with division {#sec-r-257.303 omnilex-key=us-mi-regs-official--dept-state--R 257.303}

Rule 3. (1) Except as otherwise provided in the act or these rules, after receipt of a timely and proper request for a hearing, the administrator shall schedule a hearing to be held within a reasonable time.

(2) The parties to an implied consent hearing shall appear at the division hearing site that is closest to the location of the alleged arrest or at another hearing site selected by the administrator.

(3) The petitioner in an appeal hearing shall appear at the division hearing site that is closest to the petitioner's place of residence, unless the administrator deems another site appropriate.

(4) The administrator shall furnish notice of hearing to the parties and to the attorneys of record, if any, under the act and other applicable provisions of law.

(5) For an implied consent hearing, the division shall mail notice to all of the following entities:

(a) The police officer or officers whose name or names appear on the law enforcement information network report of refusal that is filed under section 625d of the act or section 80188, 81138, or 82144 of the natural resources and environmental protection act.

(b) The law enforcement agency.

(6) A notice of hearing shall include all of the following information:

(a) The date, time and place where the parties are to appear.

(b) The legal authority under which the hearing is being held.

(d) A short and plain statement of the matters asserted.

(e) In the case of an implied consent hearing, the issues that the hearing will cover.

(7) If proper notice is not provided, the hearing officer or administrator may adjourn the hearing and reschedule the hearing, unless rescheduling is waived in writing by the parties.

(8) Each petitioner, police officer, and attorney shall ensure that his or her address and daytime telephone number that are on file with the division are correct and shall immediately notify the division of a change of address or telephone number that occurs during the course of the proceeding.

(9) After an appeal hearing has been held and the hearing officer has issued a final order, the division shall not hold another hearing on the same matter until at least 1 year from the date of the hearing, unless the administrator or hearing officer provides otherwise.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.304 Hearing conducted with communication equipment {#sec-r-257.304 omnilex-key=us-mi-regs-official--dept-state--R 257.304}

Rule 4. (1) Notwithstanding any other provision of these rules, the administrator or the hearing officer may direct that a hearing or a portion of a hearing be conducted by means of communication equipment and the hearing may be scheduled accordingly.

(2) For an appeal hearing conducted using communication equipment, before the division schedules a hearing, the petitioner shall submit all documentary evidence to be considered by the hearing officer to the division office in Lansing. The petitioner shall verify, in writing, that all documentary evidence has been submitted to the division before the hearing is scheduled. For good cause shown, the hearing officer may permit additional evidence to be submitted, but may decline to receive any additional evidence at or following the hearing.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.305 Withdrawal of request for hearing; withdrawal of arresting officer's report {#sec-r-257.305 omnilex-key=us-mi-regs-official--dept-state--R 257.305}

Rule 5. (1) A petitioner may withdraw his or her request for a hearing. A petitioner shall make the withdrawal on the record or in writing and shall file the withdrawal either with the division office in Lansing or with the hearing officer.

(2) If a petitioner withdraws from an appeal hearing, then the hearing officer shall promptly affirm the determination of the secretary of state that was appealed without further proceedings. In addition, the division shall not hold a hearing on the same matter until at least 1 year after the hearing date set before the withdrawal, unless the administrator or hearing officer orders otherwise.

(3) If a petitioner withdraws from an implied consent hearing, then the department shall impose a suspension or revocation against the petitioner or order the petitioner not to operate a vessel or snowmobile under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(4) A police officer party or a prosecuting attorney may withdraw a report filed under section 625d of the act or section 80188, 81138, or 82144 of the natural resources and environmental protection act. If a police officer party or a prosecuting attorney withdraws a report under this subrule, then the department shall not take action under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act. A police officer party or a prosecuting attorney shall make a withdrawal in writing and shall file the withdrawal with the division office in Lansing or with the hearing officer.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.306 Circuit court appeals; effect {#sec-r-257.306 omnilex-key=us-mi-regs-official--dept-state--R 257.306}

Rule 6. (1) If a petitioner appeals to circuit court regarding a matter that has been appealed to the division pursuant to the provisions of section 322 of the act, the petitioner's appeal before the division shall be deemed withdrawn and the division shall not hold a hearing on the matter.

(2) If the circuit court renders a decision on a matter, the division shall not hold a hearing on the same matter until at least 1 year after the date of the circuit court's final order, unless the circuit court, administrator, or hearing officer orders otherwise.

History

History: 1992 AACS.

Mich. Admin. Code R 257.307 Adjournments {#sec-r-257.307 omnilex-key=us-mi-regs-official--dept-state--R 257.307}

Rule 7. (1) After a hearing has been scheduled, it shall only be adjourned by order of the administrator or the hearing officer.

(2) An adjournment shall be granted for any of the following reasons:

(a) The hearing conflicts with a previously scheduled court appearance of an attorney, petitioner, or law enforcement officer.

(b) An attorney, petitioner, or law enforcement officer will be out of town or out of the state because of a previously scheduled vacation or business trip that cannot be canceled or rescheduled without economic loss.

(d) The petitioner is incarcerated.

(e) An attorney, petitioner, or law enforcement officer is hospitalized.

(f) Other good cause to be determined by the administrator or hearing officer.

(3) A request for an adjournment shall be in writing and shall state the reason for the request.

(4) The administrator or hearing officer may require the party who requests an adjournment to submit documentary evidence that substantiates the reason for the request.

(5) The party who requests an adjournment shall file the request with the division office in Lansing, unless otherwise indicated in the notice of hearing.

(6) A request for adjournment shall be received not less than 2 business days before a hearing. If a request is received within 2 business days before a hearing, the request may be summarily denied. The hearing officer or administrator may grant an adjournment at any time, including the day of the hearing.

(7) A party shall not consider a hearing adjourned until the administrator or the hearing officer notifies the party that the hearing is adjourned.

History

History: 1992 AACS.

Mich. Admin. Code R 257.308 Subpoenas; issuance; service; witness fees; enforcement {#sec-r-257.308 omnilex-key=us-mi-regs-official--dept-state--R 257.308}

Rule 8. (1) Upon the written request of a party, the hearing officer or administrator may sign and issue a subpoena on a form prescribed by the department.

(2) The responsibility for serving the subpoena, determining expert witness fees, paying witness fees, and enforcing the subpoena shall be solely that of the party who requests the subpoena.

(3) To enforce a subpoena, a party on whose behalf it was issued may file a petition for an order requiring compliance in the circuit court for the county in which the hearing is scheduled to be held.

History

History: 1992 AACS.

Mich. Admin. Code R 257.309 Time; effect of failure to appear {#sec-r-257.309 omnilex-key=us-mi-regs-official--dept-state--R 257.309}

Rule 9. (1) A hearing shall commence not more than 20 minutes after the scheduled hearing time, except for reasonable cause to be determined by the hearing officer or administrator. If a hearing does not commence within 20 minutes after the scheduled hearing time, then subrules (2) to (4) of this rule apply.

(2) With respect to an appeal hearing, except for reasonable cause to be determined by the administrator or hearing officer, the failure of the petitioner to appear has the following effect:

(a) The petitioner's hearing request is deemed to be withdrawn.

(b) The division shall not hold another hearing on the same matter until at least 1 year from the hearing date, unless the administrator or hearing officer orders otherwise.

(3) With respect to an implied consent hearing, except for reasonable cause to be determined by the administrator or hearing officer, the failure of a party to appear has the following effect:

(a) The petitioner's failure to appear is treated as a default and a suspension or revocation shall be imposed or an order not to operate a vessel or snowmobile shall be issued under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act.

(b) If the police officer party fails to appear, then the hearing officer shall dismiss the matter and the department shall not take an action under section 625f of the act or section 80190, 81140, or 82146 of the natural resources and environmental protection act, whether or not the petitioner appears.

(c) The division shall not hold another hearing on the same matter unless the administrator or hearing officer orders otherwise.

(4) If a matter is resolved under subrule (2) or (3) of this rule, then the hearing officer or the administrator may elect not to go on the record.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 257.310 Conduct of hearings; witnesses; rules of evidence; official notice; burden of proof {#sec-r-257.310 omnilex-key=us-mi-regs-official--dept-state--R 257.310}

Rule 10. (1) A hearing is open to the public unless the hearing officer orders otherwise.

(2) The hearing officer may call or recall witnesses and question witnesses regarding any matter pertinent to the case.

(3) The hearing officer has an affirmative duty to assist a party appearing at a hearing who is not represented by an attorney in presenting a case to properly develop a complete record. To fulfill the duty, the hearing officer may question witnesses or assist with the introduction of documents into evidence, or both.

(4) A hearing officer shall follow the rules of evidence as applied in circuit court so far as practicable, but the hearing officer may admit, and give probative value to, evidence of a type that is commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(5) A hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

(6) The hearing officer may require or allow a party to present additional evidence on an issue within a specified period of time.

(7) A hearing officer may take official notice of facts and may take notice of general, technical, or scientific facts within the department's specialized knowledge.

(8) The petitioner shall have the burden of proof at an appeal hearing and on an affirmative defense at an implied consent hearing.

(9) The police officer party shall have the burden of proof at an implied consent hearing, except as provided in subrule (8) of this rule.

(10) Unless otherwise provided in the act or these rules, the standard of proof at a hearing is a preponderance of the evidence.

(11) At the written request of a petitioner, and with the approval of the administrator, the division may conduct an appeal hearing through a review of written proofs submitted by the petitioner. The petitioner need not be present for a review of written proofs.

(12) Except for implied consent hearings and appeal hearings involving a review of a determination of the department that results in a denial or revocation under section 303(1)(d),(e), or (f) or (2)(c), (d), (e), or (f) of the act, a hearing officer shall limit a hearing to a review of the record.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 257.311 Decorum {#sec-r-257.311 omnilex-key=us-mi-regs-official--dept-state--R 257.311}

Rule 11. (1) A person who appears at a hearing shall conform to the standard of conduct that is required of a person who appears before a court of this state.

(2) A person who does not conform to the standard of conduct prescribed in subrule (1) of this rule may be excluded from the hearing by the hearing officer or the hearing officer may adjourn the hearing if necessary to avoid undue disruption of the proceedings.

History

History: 1992 AACS.

Mich. Admin. Code R 257.312 Briefs, legal authority, and other writings; filing {#sec-r-257.312 omnilex-key=us-mi-regs-official--dept-state--R 257.312}

Rule 12. (1) A hearing officer may require or allow the filing, and place a reasonable limitation on the length, of briefs, legal authority, or other writings.

(2) The proponent of an issue shall file the initial brief or other writing with the hearing officer and the opposing party, if any.

(3) A hearing officer shall give the opposing party a reasonable opportunity to file a responsive brief or other writing.

(4) A person shall file a brief or other writing within the time limits indicated by the hearing officer, except when the hearing officer determines that there is good cause to grant an extension.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.313 Standards for issuance of license {#sec-r-257.313 omnilex-key=us-mi-regs-official--dept-state--R 257.313}

Rule 13. (1) With respect to an appeal hearing that involves a review of a determination of the department which results in a denial or revocation under section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act, all of the following provisions apply:

(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following:

(i) That the petitioner's alcohol or substance abuse problems, if any, are under control and likely to remain under control.

(ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.

(iii) That the risk of the petitioner repeating the act of operating a motor vehicle while impaired by, or under the influence of, alcohol or controlled substances or a combination of alcohol and a controlled substance or repeating any other offense listed in section 303(1)(d), (e), or (f) or (2)(c), (d), (e), or (f) of the act is a low or minimal risk.

(iv) That the petitioner has the ability and motivation to drive safely and within the law.

(v) Other showings that are relevant to the issues identified in paragraphs (i) to (iv) of this subdivision.

(b) Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary. The evidence may include any of the following:

(i) That the petitioner has ever submitted to a chemical test which revealed a bodily alcohol content that is not less than 2 times the level indicated in section 625a(9)(c) of the act.

(ii) That the petitioner has 3 or more convictions for alcohol or controlled substance-related offenses.

(iii) That the petitioner has attempted to bring his or her alcohol or controlled substance abuse problems, if any, under control, but suffered a relapse by using, on at least 1 occasion, alcohol or a controlled substance, or both, except for a controlled substance prescribed for the petitioner by a licensed health professional.

(iv) That a substance abuse evaluation of the petitioner reveals a diagnosis of past or present alcohol or controlled substance dependency.

(v) That the petitioner's license was previously revoked or denied under section 303 of the act because of alcohol or controlled substance convictions.

(vi) Other showings that are relevant to the issues identified in paragraphs (i) to (v) of this subdivision.

(c) If the hearing officer determines, under subdivision (b) of this subrule, that the petitioner must prove complete abstinence for a period of more than 6 months, then the hearing officer shall explain the reasons for the determination in the written order issued by the hearing officer.

(d) The hearing officer may require that the petitioner present evidence from not less than 3 independent sources to corroborate the petitioner's behavior with respect to alcohol and controlled substances.

(e) The hearing officer may require the petitioner to present a current urinalysis drug screen to corroborate the presence or absence of controlled substances or alcohol, or both, in the petitioner's body.

(f) The hearing officer may require that the petitioner submit a current substance abuse evaluation on a form prescribed by the department.

(g) The petitioner may submit any or all of the following:

(i) Letters from other persons that document his or her behavior regarding alcohol and controlled substances.

(ii) Proof of his or her past and current involvement with a treatment program or programs.

(iii) Proof of his or her past and current structured support program.

(iv) Other relevant evidence.

(h) If the hearing officer concludes that the petitioner has met the requirements of this subrule, then the hearing officer may order a restricted license for a period of time to be determined by the hearing officer before consideration for an unrestricted license.

This subdivision does not apply if the petitioner is a nonresident seeking relief so that he or she may apply for a license in his or her home state.

(2) If a petitioner's application for a license has been denied, or if his or her license has been revoked, under section 303(1)(e), (g), (h), (i), (j), or (k) or (2)(a), (b), or (e) or 320(2) of the act, then the hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves both of the following by clear and convincing evidence:

(a) That the petitioner has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subdivision (a) of this subrule.

(3) If a person's license has been revoked under section 320(2) of the act, then the department shall not issue a license to the person unless the person establishes both of the following:

(a) That the person has the ability and motivation to drive safely and within the law.

(b) Other showings that are relevant to the issue identified in subdivision (a) of this subrule.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.313a Breath alcohol ignition interlock devices (BAIID) {#sec-r-257.313a omnilex-key=us-mi-regs-official--dept-state--R 257.313a}

Rule 13a. (1) If a person whose license was denied or revoked under section 303(2)(c) or (g) of the act, or denied or revoked under section 303(2)(d) of the act for 1 conviction for a violation or attempted violation of section 625(4) or 625(5), or any prior or subsequent enactment of those provisions, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state, was granted a restricted license on or before October 1, 1999, and the hearing officer continues the restricted license following a hearing held after October 1, 1999, then the hearing officer may do both of the following:

(a) Require the installation of a BAIID on each motor vehicle the person owns or intends to operate, the costs of which shall be borne by the person whose license is restricted.

(b) Condition the issuance of the continued restricted license upon verification by the department that a BAIID has been installed.

(2) A restricted license permitted under section 319(8)(g) of the act shall not be issued until proof of the installation of the BAIID required under section 319(8)(h) of the act is provided to the department.

(3) The minimum period required by section 322(9) of the act begins when both of the following have occurred:

(a) The petitioner provides verification to the department that a BAIID has been installed.

(b) The department issues a valid restricted license to the petitioner.

(4) If a restricted license issued under section 322(6) of the act requiring a BAIID is interrupted, the hearing officer may aggregate the periods of time that a restricted license which included a BAIID requirement was actually operative to determine whether the minimum period required by section 322(9) of the act has been met.

(5) The manufacturer, installer, or service provider shall service an installed BAIID not less than once every 60 days.

(6) The manufacturer, installer, or service provider of a BAIID shall submit a report to the department if any of the following occur:

(a) Servicing of the BAIID indicates that the person has committed a major or minor violation as defined in Rule 1a.

(b) Servicing of the BAIID indicates that the person whose license is restricted under section 319(8)(g) of the act operated or attempted to operate the vehicle with a blood alcohol level of 0.025 grams per 210 liters of breath or higher. For the purposes of this subdivision, a person is presumed to have operated with a blood alcohol level of 0.025 grams per 210 liters of breath or higher if the person fails to take any retest prompted by the BAIID. This subdivision does not apply if either of the following occurs:

(i) For a start-up test, a start-up test failure occurs within the first 2 months after installation of the BAIID, or if within 15 minutes of that detection the person delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters of breath.

(ii) For any retest prompted by the BAIID, within 5 minutes of that detection the person delivers a breath sample that the BAIID analyzes as having an alcohol content of less than 0.025 grams per 210 liters of breath.

(c) A driver causes a manufacturer, installer, or service provider to remove a BAIID without a written order from the department authorizing the removal. This subdivision does not apply if a BAIID is installed within 7 days after removal in any vehicle owned or operated by a driver whose license is restricted.

(7) A report shall be submitted to the department not later than 5 business days after an event listed under subrule (6) of this rule occurs or becomes known to the manufacturer, installer, or service provider. The manufacturer, installer, or service provider may also submit a written report to the department of any other activity that may violate these rules or a restricted license requiring use of a BAIID issued by the department under section 322 or 319 of the act.

(8) A manufacturer, installer, or service provider shall submit a report required by subrule (6) of this rule on a form and in a manner prescribed by the department and at the same time shall provide a copy of the report to the person for whom a report is required by subrule (6) of this rule.

(9) A report required under subrule (6) of this rule shall include the following information:

(a) All major and minor violations revealed by the servicing of the BAIID since the BAIID was installed or since the last servicing, whichever is later.

(b) Unless subrule (6)(b)(i) or (ii) of this rule applies, all instances where the BAIID has recorded a blood alcohol level of 0.025 grams per 210 liters of breath or higher.

(d) Any relevant documentation and BAIID logs that support the event(s) indicated in the report, including BAIID logs from the day before and the day after the indicated event(s).

(e) Any other information required by the department.

(10) A report required under subrule (6) of this rule shall not be rescinded by a manufacturer, installer, or service provider.

(11) If a major violation is reported to the department, then all of the following provisions apply:

(a) The department shall reinstate the original revocation or denial, or both, under section 303 of the act and shall give not less than 5 days' written notice to the petitioner.

(b) If a written request for a hearing is filed within 14 days after the reinstatement under subdivision (a) of this subrule, then the department shall schedule a hearing.

(c) At a hearing scheduled under this subrule, the petitioner has the burden of establishing that the reinstated section 303 revocation or denial, or both, should be set aside or modified.

(12) If a minor violation is reported to the department, then the department shall extend the period of time before another hearing may be held by 3 months and shall extend the minimum period of time for the BAIID requirement by 3 months.

(13) After the minimum monitoring period defined in Rule 1a, all of the following provisions apply:

(a) If a restricted license was issued under subrule (2) of this rule, the department may order the removal of the BAIID only after receipt of verification from the manufacturer, installer, or service provider that the person subject to using a BAIID has operated the vehicle with no instances of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher. The person does not have an instance of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher if either of the following occurs:

(i) Within 15 minutes of that detection on a start-up test the person delivers a breath sample that the BAIID analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.

(ii) Within 5 minutes of that detection on any retest prompted by the BAIID the person delivers a breath sample that the BAIID analyzes as having an alcohol level of less than 0.025 grams per 210 liters of breath.

(b) The department may order the removal of the BAIID if the only instances of reaching a blood alcohol level of 0.025 grams per 210 liters of breath or higher occurred within the first 2 months after the BAIID was installed.

(c) The person subject to using a BAIID shall obtain a BAIID report from every manufacturer, installer, or service provider with which that person has had a BAIID installed.

(d) Upon the request of a person subject to using a BAIID, the manufacturer, installer, or service provider shall prepare and submit a BAIID report to the department within 5 business days of the request on a form and in a manner prescribed by the department.

(e) As directed by the department, the person subject to using a BAIID shall submit the report required under this subrule to the department.

(f) A person subject to using a BAIID may be required to prove that he or she had the BAIID for the minimum time period required by the act.

(14) Notwithstanding subrule (13) of this rule, at the conclusion of each 12-month period that a person has a BAIID installed in a vehicle, and anytime a person subject to using a BAIID causes a BAIID to be removed, the manufacturer, installer, or service provider shall prepare and submit to the department a report on a form and in a manner prescribed by the department, and shall provide a copy of the report to the person subject to using a BAIID.

(15) At the request of the department, a manufacturer, installer, or service provider shall provide any information and documentation relevant to the department's monitoring of a person using a BAIID.

(16) A manufacturer, installer, or service provider shall not provide overrides or override instructions to a person using a BAIID, or to someone on behalf of the person using a BAIID, unless such override is permitted by the national highway traffic safety administration's model specifications for BAIID, 57 Fed Reg 11772 (April 7, 1992), or authorized by the department.

(a) If an override or override instruction is provided to a person using a BAIID or to someone on behalf of the person using a BAIID, the manufacturer, installer, or service provider shall service the BAIID within 24 hours and submit a report to the department on a form and in a manner prescribed by the department within 1 business day of the service.

(b) If the BAIID is installed in a vehicle that becomes inoperable or otherwise unable to be serviced beyond 24 hours, the manufacturer, installer, or service provider shall service the BAIID within 24 hours of the vehicle's return to operation.

(17) The department shall inform a BAIID manufacturer, installer, or service provider when an order authorizing removal of a BAIID is issued. This subrule does not apply unless the manufacturer, installer, or service provider requests, in a manner prescribed by the department, to be informed when a BAIID removal authorization order is issued.

(18) Unless otherwise provided in the act or these rules, this rule applies to any BAIID the department is required to monitor under the act.

History

History: 1998-2000 AACS; 2011 AACS.

Mich. Admin. Code R 257.314 Recording hearings; transcript or electronic recording medium request; fee; erasing or reprocessing electronic recording medium {#sec-r-257.314 omnilex-key=us-mi-regs-official--dept-state--R 257.314}

Rule 14. (1) The hearing officer shall electronically, stenographically, or otherwise record a hearing, as determined by the hearing officer or the administrator.

(2) Any person may make a request for a transcript, a partial transcript, or a copy of a recording medium. A person shall make a request in writing and file it with the division office in Lansing within 63 days after the date of the hearing officer's decision or within 182 days after the date of the hearing officer's decision if the court extends the period for filing a petition for review of the determination under section 323(1) of the act.

(3) A request filed under subrule (2) of this rule shall include all of the following information:

(a) The hearing date and location.

(b) The petitioner's full name, birth date, and, if known, driver license number.

(4) The department shall charge a fee to a person who files a request under subrule (2) of this rule. The administrator shall determine the fee.

(5) The administrator or hearing officer may erase or otherwise reprocess the electronic recording medium if a transcript request is not received by the division office in Lansing within the period prescribed in subrule (2) of this rule.

(6) If the division is unable to provide a transcript due to a defective recording or loss or destruction of the recording medium, then the parties and the hearing officer may stipulate to facts, issues, or conclusions of law or a party may request another hearing on the same matter.

History

History: 1992 AACS; 1998-2000 AACS.

Mich. Admin. Code R 257.315 Reconsideration; rehearing {#sec-r-257.315 omnilex-key=us-mi-regs-official--dept-state--R 257.315}

Rule 15. (1) On written motion of a party, reconsideration of a matter or a rehearing may be granted by the administrator or the hearing officer for any of the following reasons:

(a) Newly discovered, material evidence that could not, with reasonable diligence, have been discovered before the hearing and produced at that time.

(b) An error of law that occurs at the hearing.

(2) A motion for reconsideration or rehearing shall be filed with the division office in Lansing and served on the opposing party, if any, within 21 days after the date of the hearing officer's decision.

History

History: 1992 AACS.

Mich. Admin. Code R 257.316 Rescission {#sec-r-257.316 omnilex-key=us-mi-regs-official--dept-state--R 257.316}

Rule 16. R 257.31 to R 257.39 of the Michigan Administrative Code, appearing on pages 729 to 731 of the 1979 Michigan Administrative Code, are rescinded.

History

History: 1992 AACS.

R 257.851 to R 257.857 Physical and Mental Standards for Drivers

Mich. Admin. Code R 257.851 Definitions {#sec-r-257.851 omnilex-key=us-mi-regs-official--dept-state--R 257.851}

DEPARTMENT OF STATE

BUREAU OF BRANCH OFFICE SERVICES

PHYSICAL AND MENTAL STANDARDS FOR DRIVERS

(By authority conferred on the secretary of state by section 309 of Act No. 300 of the Public Acts of 1949, as amended, being S257.309 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(b) "Applicant" means a person who applies for any of the following:

(i) An operator's license.

(ii) A chauffeur's license.

(iii) A minor's restricted license.

(iv) Any license indorsement.

(d) "Disability" means a reduction in those mental or physical skills which are necessary to safely operate a motor vehicle.

(e) "Episode" means any of the following:

(i) A condition which causes or contributes to any of the following:

(A) A lapse of consciousness.

(B) Blackout.

(D) Fainting spell.

(E) Syncope.

(F) Other impairment of the level of consciousness.

(ii) A condition which causes or contributes to an impairment of an individual's driving judgment or reaction time or affects an individual's ability to safely operate a motor vehicle.

(iii) A condition which causes or contributes to a violent or aggressive action relating to the operation of a motor vehicle.

(f) "Licensee" means a person who has been issued any of the following:

(i) An operator's license.

(ii) A chauffeur's license.

(iii) A minor's restricted license.

(iv) A temporary instruction permit.

(v) A validated driver's instruction permit.

(g) "Neuropsychologist" means a psychologist who, by nature of training and experience, has developed expertise in the area of brain-behavior relationships.

(h) "Physician" means an individual who is currently licensed to practice medicine or osteopathic medicine in this or another state as provided by statute.

(i) "Psychiatrist" means a physician who, by nature of training and experience, has developed expertise in the area of psychiatry.

(j) "Psychologist" means an individual who is currently licensed to practice psychology in this or another state as provided by statute.

(k) "Statement of physical or mental history" means a statement from a physician or psychologist, on a form acceptable to the department, which contains information about a person's physical or mental history or condition as this history or condition relates to the person's ability to safely operate a motor vehicle.

(2) Nothing in these rules shall be construed to require medical testing or examination of an individual who objects on the grounds that such testing or examination violates his or her personal religious beliefs. However, such individual will still be required to meet all reasonable requirements to receive or retain a license or indorsement.

(3) A term defined in the act has the same meaning when used in these rules.

History

History: 1988 AACS.

Mich. Admin. Code R 257.852 Health consultants {#sec-r-257.852 omnilex-key=us-mi-regs-official--dept-state--R 257.852}

Rule 2. (1) The secretary of state may appoint health consultants. Consultants shall serve 2-year terms from the date of original appointment. In selecting health consultants, the secretary of state shall appoint 1 or more person from each of the following categories:

(a) A handicapper knowledgeable in the area of functional limitations which may affect the safe operation of a motor vehicle.

(b) A licensed physical or occupational therapist knowledgeable in the area of functional limitations which may affect the safe operation of a motor vehicle.

(c) A driver evaluator or instructor specializing in driver education of the disabled and adaptive motor vehicle equipment instruction.

(2) When appointing a health consultant, the secretary of state shall select from persons possessing expertise in areas such as the following:

(a) Family practice.

(b) Internal medicine.

(d) Occupational therapy.

(e) Physical therapy.

(f) Cardiology.

(g) Psychiatry.

(h) Psychology.

(i) Neurology.

(j) Neuropsychology.

(k) Ophthalmology.

(l) Optometry.

(m) Addiction counseling.

(n) Endocrinology.

(o) Pharmacology.

(p) Social work.

(q) Vocational rehabilitation counseling.

(r) Other areas related to the diagnosis, treatment, or rehabilitation of disabilities which could affect the safe operation of motor vehicles.

(3) A health consultant may advise the department concerning physical and mental standards related to the licensing of drivers and the safe operation of motor vehicles.

(4) Upon request, 1 or more health consultants shall advise the department concerning an applicant's or licensee's physical and mental ability to safely operate a motor vehicle.

(5) A recommendation from a health consultant shall be advisory only.

(6) Each health consultant shall complete a requested review in a timely fashion and shall submit a response to the department within a reasonable period of time, which shall not exceed 30 calendar days if a person's license has been suspended or revoked.

(7) If a consultant's response concerning a person whose license has been suspended or revoked takes more than 30 calendar days on 3 or more occasions, the health consultant shall be discharged.

History

History: 1988 AACS.

Mich. Admin. Code R 257.853 Statement of physical or mental history; refusal to process, or denial of, license application pending receipt and review of statement; submission by licensee at or before reexamination; contents; confidentiality {#sec-r-257.853 omnilex-key=us-mi-regs-official--dept-state--R 257.853}

Rule 3. (1) If the department has reason to believe that an applicant has a physical or mental disability which affects his or her ability to safely operate a motor vehicle, the department shall not process the application until a statement of physical or mental history has been received and reviewed.

(2) The application shall be denied if, upon review, the statement indicates the person cannot safely operate a motor vehicle.

(3) If the department has reason to believe that a licensee has a physical or mental disability which affects his or her ability to safely operate a motor vehicle, the department shall require the licensee to submit a statement of physical or mental history at or before a reexamination of the licensee. A license or indorsement may be restricted, suspended, or revoked if that action is ordered at a reexamination conducted by the department or if the person who completed the statement recommends no driving privileges or otherwise indicates the licensee lacks the physical or mental ability to safely operate a motor vehicle.

(4) The statement of physical or mental history shall include all of the following information with respect to the person completing the examination:

(a) Name, address, title, and signature.

(b) Area or specialty of practice, if any.

(5) The statement of physical or mental history shall include all of the following information pertaining to the applicant or licensee:

(a) The person's full name, address, and date of birth.

(b) The date of the report.

(6) The statement of physical or mental history shall contain the following information as it pertains to the current ability of the applicant or licensee to safely operate a motor vehicle:

(a) The diagnosis, age of onset, prognosis, and prescribed treatment or plan of therapy.

(b) Prescribed medications.

(d) Any adverse or other reaction to treatment, therapy, or medication.

(e) The results of the examination.

(f) The signature of the applicant or licensee on a release or waiver authorizing the use of the information by the department only for the purpose of assisting in evaluating the person's ability to safely operate a motor vehicle.

(g) Any other information required by these rules.

(7) A statement of physical or mental history may include an evaluation of the effect of the condition and treatment, therapy, or medication upon the person's ability to operate a motor vehicle and a recommendation for licensure restrictions or special limitations.

(8) If the statement is completed by a psychologist or neuropsychologist and the applicant or licensee is taking prescribed medication for the treatment of his or her condition or for any other reason or condition known to the psychologist or neuropsychologist, the statement shall also be signed by the physician who prescribed the medication.

(9) The department may request the applicant or licensee to provide additional information concerning his or her current ability to safely operate a motor vehicle, including additional medical information when appropriate.

(10) The department may require, as a condition for or a restriction upon a license, that a licensee submit statements of physical or mental history periodically during the duration of a license or indorsement or upon submission of an application for an operator's or chauffeur's license or indorsement.

(11) A licensing action taken by the department on the basis of a physical or mental condition or disability will be reassessed by the department upon receipt of new medical evidence and documentation that the condition or disability has changed or abated or no longer exists.

(12) All records and information received or secured pursuant to these rules shall be kept confidential and shall be used only for the purpose of assisting in evaluating a person's ability to safely operate a motor vehicle.

(13) Disclosure of the contents of any document or other information received pursuant to these rules by any employee of the department for any reason other than assisting in the evaluation of a person's ability to safely operate a motor vehicle may be grounds for disciplinary action.

History

History: 1988 AACS.

Mich. Admin. Code R 257.854 Episodic and other conditions {#sec-r-257.854 omnilex-key=us-mi-regs-official--dept-state--R 257.854}

Rule 4. (1) An applicant or licensee who has experienced an episode shall be denied an operator's license or chauffeur's license or any indorsement or shall have his or her license or indorsement indefinitely suspended after reexamination until he or she submits a recent statement of physical or mental history.

(2) For an operator's license or motorcycle indorsement, the statement of physical or mental history shall include either of the following:

(a) Certification that the person's condition is under control by medical or other treatment and that all symptoms or conditions which would affect the safe operation of a motor vehicle have been corrected, cured, or controlled or have abated for not less than 6 months.

(b) Certification that the person has not had an episode within the previous 6 months.

(3) For a chauffeur's license or indorsement to operate a truck or bus, the statement of physical or mental history shall include either of the following:

(b) Certification that the person has not had an episode within the previous 12 months.

(4) The 6-month or 12-month period may be reduced or eliminated based upon a departmental review of the specific recommendation of a qualified physician or any other information which may come to the department, including evidence that the episode resulted from medical intervention or medically supervised experimentation with prescribed medication, as well as the evaluation of other evidence. The department may issue a limited or restricted license or indorsement.

History

History: 1988 AACS.

Mich. Admin. Code R 257.855 License restrictions {#sec-r-257.855 omnilex-key=us-mi-regs-official--dept-state--R 257.855}

Rule 5. (1) The department may require an applicant or licensee who wishes to receive or retain an unrestricted license to demonstrate his or her ability to safely operate a vehicle.

(2) Notwithstanding any other provision of these rules, when an operator's or chauffeur's license or any indorsement is issued, restored, or retained, the license or indorsement may include reasonable restrictions which are necessary for the safe operation of the type of vehicle the person is authorized to operate.

History

History: 1988 AACS.

Mich. Admin. Code R 257.856 Right to appeal {#sec-r-257.856 omnilex-key=us-mi-regs-official--dept-state--R 257.856}

Rule 6. A person who is aggrieved by a final decision of the department involving the application of these rules may appeal as provided in the act.

History

History: 1988 AACS.

Mich. Admin. Code R 257.857 Written notice {#sec-r-257.857 omnilex-key=us-mi-regs-official--dept-state--R 257.857}

Rule 7. A person who is affected by an action under these rules shall be given written notice of that action by first-class mail. Notice shall be sent to the person at his or her mailing address currently on file with the department or shall be personally served.

History

History: 1988 AACS.

R 257.971 to R 257.975 Motorcycle Operator Tests

Mich. Admin. Code R 257.971 Definitions {#sec-r-257.971 omnilex-key=us-mi-regs-official--dept-state--R 257.971}

DEPARTMENT OF STATE

BUREAU OF BRANCH OFFICE SERVICES

MOTORCYCLE OPERATOR TESTS

(By authority conferred upon the secretary of state by section 312b(2) of Act No. 300 of the Public Acts of 1949, as amended, being S257.312b(2) of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(b) "Applicant" means a person who makes an application for a motorcycle indorsement on an operator's or chauffeur's license or on a temporary instruction permit.

(d) "Indorsement" means a motorcycle indorsement on an operator's or chauffeur's license or temporary instruction permit which is issued pursuant to the act.

(e) "Motorcycle" means a motor vehicle which has a saddle or seat for the use of a rider and which is designed to travel on not more than 3 wheels in contact with the ground. A motorcycle does not include a tractor or a moped.

(2) A term defined in the act has the same meaning when used in these rules, unless defined differently in these rules.

History

History: 1984 AACS.

Mich. Admin. Code R 257.972 Examination for indorsement {#sec-r-257.972 omnilex-key=us-mi-regs-official--dept-state--R 257.972}

Rule 2. (1) An applicant shall pass an examination given by the department which is designed to test the competency of the applicant to operate a motorcycle on the highways of this state in a knowledgeable and safe manner and with safety to himself or herself and other persons or property.

(2) The examination shall be in writing or oral, at the option of the department, and shall include questions concerning all of the following items:

(a) General rules of the road.

(b) Specific rules of the road as they apply to motorcycles.

(d) Safety requirements for motorcycles.

(e) Safe motorcycle riding techniques, including starting, shifting, braking, and turning.

(f) Defensive driving techniques for motorcycles, including night driving and operating a motorcycle in adverse road or weather conditions.

(g) Emergency situations.

History

History: 1984 AACS.

Mich. Admin. Code R 257.973 Motorcycle operator driving test {#sec-r-257.973 omnilex-key=us-mi-regs-official--dept-state--R 257.973}

Rule 3. (1) An applicant for an original Michigan motorcycle indorsement on his or her operator's or chauffeur's license who has passed the examination described in R 257.972 and who does not have a valid license or indorsement to operate a motorcycle from another state shall pass a motorcycle operator driving test given by the department which is designed to measure the competency of the applicant to operate a motorcycle on the highways of this state with safety to himself or herself and other persons or property.

(2) The motorcycle operator driving test shall include measures intended to determine the following knowledge and skills:

(a) Knowledge and proper use of various controls on the motorcycle, including the location and operation of all of the following equipment:

(i) Gear selector.

(ii) Clutch.

(iii) Brakes.

(iv) Throttle.

(v) Lights, horn, and turn signals.

(vi) The fuel control valve, if so equipped.

(b) While on a timed and painted or marked course or pattern:

(i) Starting the motorcycle from a standing position, which may include starting on an incline.

(ii) Balancing the motorcycle at slow speeds and through turns.

(iii) Braking the motorcycle properly using front and rear brakes, including a quick or panic stop on a signal and braking on a curve.

(iv) Maintaining control of the motorcycle while making quick lane changes in response to a signal.

(v) Accelerating the motorcycle through a curve without losing control or using feet to keep balance.

(vi) Proper use of controls during the test, including starter, throttle, clutch, gear selector, and turn signals.

(3) The motorcycle operator driving test shall be terminated and the applicant failed upon the occurrence of any 1 of the following:

(a) An accident or near accident where the applicant is at fault or negligent.

(b) Loss of control of the clutch or throttle or raising the front wheel off the ground.

(d) Exhibition of inexperience or lack of ability to the extent that the examiner believes further testing would be dangerous.

(e) Unsatisfactory performance of any 2 items required by subrule (2) of this rule, as measured by an objective scoring standard.

(f) Refusal or inability to perform any required item.

(4) The motorcycle operator driving test shall not be given to any applicant who does any of the following:

(a) Fails to present a valid registration certificate and license plate for the motorcycle to be used in the test.

(b) Presents a motorcycle with defective, inoperative, or missing required safety equipment, including any of the following:

(i) Headlamp.

(ii) Rear lamp.

(iii) Rear brake or stop lamp.

(iv) Rearview mirror on the motorcycle, helmet, or visor.

(v) Horn.

(vi) Muffler.

(vii) Brakes--1 on each wheel.

(viii) Approved helmet.

(ix) Handlebars higher than 15 inches from the lowest point of the seat.

(x) Regularly and permanently attached seat.

(xi) Registration plate light.

(xii) Tires with less than the minimum allowable tread levels.

(xiii) Unsafe or improperly maintained chain, spokes, tires, or wheel nuts or any other mechanical defect which might affect safe operation of the vehicle.

(xiv) Approved eye protection.

(c) Fails to present a valid course completion certificate from an approved motorcycle safety course conducted pursuant to section 811a of the act if the applicant meets either of the following criteria:

(i) Has not attained the age of 18 years on the date of the test.

(ii) Has twice previously failed to pass either an examination for indorsement or a motorcycle operator drivers test administered by the department.

History

History: 1984 AACS.

Mich. Admin. Code R 257.974 Failure of examination or motorcycle operator driving test {#sec-r-257.974 omnilex-key=us-mi-regs-official--dept-state--R 257.974}

Rule 4. An applicant who fails an examination for indorsement on a motorcycle operator driving test on 2 or more occasions shall take and pass an approved motorcycle safety course conducted pursuant to section 811a of the act before being permitted to take another examination or driving test or being issued a motorcycle indorsement. The applicant shall present the department with a course completion certificate to prove the applicant has taken the course.

History

History: 1984 AACS.

Mich. Admin. Code R 257.975 Development of examinations and tests {#sec-r-257.975 omnilex-key=us-mi-regs-official--dept-state--R 257.975}

Rule 5. In developing the examinations and tests required by the act and these rules, the department shall consult with the motorcycle safety foundation or other recognized experts in the areas of testing and motorcycle safety and may also participate in studies, surveys, and other measures designed to promote and improve highway safety.

History

History: 1984 AACS.

R 257.1001 to R 257.1006 Breath Alcohol Ignition Interlock Device

Mich. Admin. Code R 257.1001 Definitions {#sec-r-257.1001 omnilex-key=us-mi-regs-official--dept-state--R 257.1001}

DEPARTMENT OF STATE

BUREAU OF AUTOMOTIVE REGULATION

BREATH ALCOHOL AND IGNITION INTERLOCK DEVICES

(By authority conferred on the secretary of state by section 625k of Act No. 300 of the Public Acts of 1949, as amended, and section 33 of Act No.306 of the Public Acts of 1969, as amended, being SS257.625k and 24.233 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules:

(a) "Act" means Act No. 300 of the Public Acts of 1949, as amended, being S257.1 et seq. of the Michigan Compiled Laws.

(b) "Administrator" means the secretary of state or an individual designated by the secretary of state to act in his or her place.

(d) "Certified BAIID" means a BAIID that has been certified by a department-approved laboratory as meeting or exceeding the requirements of section 625k of the Act.

R 257. 1002 Address of administrator.

Rule 2. The official address of the administrator is:

Michigan Department of State Bureau of Automotive Regulation Lansing, Michigan 48918

History

History: 1998-2000 AACS.
History: 1998-2000 AACS.

Mich. Admin. Code R 257.1003 Approval of laboratory; termination of approval {#sec-r-257.1003 omnilex-key=us-mi-regs-official--dept-state--R 257.1003}

Rule 3. (1) The administratory may approve a laboratory under section 625k(1) of the act if the laboratory certifies, in writing, that it is capable of properly testing a BAIID to determine if it meets or exceeds the requirements of section 625k of the act and is capable of certifying that the BAIID meets of exceeds the requirements of section 625k of the act.

(2) A previously approved laboratory that is no longer capable of properly testing or certifying a BAIID shall immediately notify the administratory in writing. Upon receipt of notification, the administrator shall immediately terminate the approval of the laboratory.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 257.1004 Approval and disapproval of BAIDDs; list of manufacturers {#sec-r-257.1004 omnilex-key=us-mi-regs-official--dept-state--R 257.1004}

Rule 4. (1) A manufacturer of a BAIID that wishes to be placed on the list of manufacturers of approved certifies BAIIDs shall submit a written request, together with all of the information and materials required by the act and rules promulgated to implement the act, to the administrator.

(2) A written request that fails to include all of the information and materials required by the act and these rules is incomplete. The administrator shall return the request to the manufacturer and explain, in writing, why the request is incomplete.

(3) The administrator shall approve or disapprove a BAIID not later than 60 days after receipt of a complete written request.

(4) The administrator shall notify a manufacturer whose BAIID is not approved, in writing, of the determination and the reason or reasons for the determination.

(5) The administrator shall notify a manufacturer whose BAIID is approved, in writing, of the date of approval.

(6) The administrator shall publish a list of all manufacturers of certified BAIIDs that are approved under section 625k of the act. The administrator shall widely disseminate the list and shall republish the list as appropriate.

History

History: 1998-2000 AACS.

Mich. Admin. Code R 257.1005 Rescinded {#sec-r-257.1005 omnilex-key=us-mi-regs-official--dept-state--R 257.1005}

History

History: 1998-2000 AACS; 2016 AACS.

Mich. Admin. Code R 257.1006 Rescinded {#sec-r-257.1006 omnilex-key=us-mi-regs-official--dept-state--R 257.1006}

History

History: 1998-2000 AACS; 2016 AACS.

R 257.1701 to R 257.1727 Motorcycle Safety Education

Mich. Admin. Code R 257.1701 Applicability of rules {#sec-r-257.1701 omnilex-key=us-mi-regs-official--dept-state--R 257.1701}

DEPARTMENT OF EDUCATION

STATE BOARD OF EDUCATION

MOTORCYCLE SAFETY EDUCATION

(By authority conferred on the state board of education by sections 811a and 811b of Act No. 300 of the Public Acts of 1949, as amended, being SS257.811a and 257.811b of the Michigan Compiled Laws)

Rule 1. These rules shall apply to all programs approved to offer a Michigan motorcycle safety education course.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1702 Definitions {#sec-r-257.1702 omnilex-key=us-mi-regs-official--dept-state--R 257.1702}

Rule 2. As used in these rules:

(a) "Board" means the state board of education.

(b) "Classroom instruction" means group instruction in all of the following subject areas:

(i) Traffic citizenship.

(ii) Laws and regulations.

(iii) Characteristics of drivers.

(iv) The role of government in controlling traffic and driving practices.

(v) Motorcycle use.

(vi) Traffic situations and problems.

(d) "Enterprise" means a private business as referred to in section 811b of Act No. 300 of the Public Acts of 1949, as amended, being S257.811b of the Michigan Compiled Laws.

(e) "Governmental agency" means an agency as described in section 811a of Act No. 300 of the Public Acts of 1949, as amended, being S257.811a of the Michigan Compiled Laws.

(f) "Motorcycle" means a 2-wheeled motor vehicle which has all the following characteristics:

(i) Develops more than brake horsepower.

(ii) Has design speeds of more than 30 miles per hour.

(iii) Does not have pedals.

(iv) Has 1 or more riding seats (saddles).

(v) May have a third wheel to support a sidecar which is considered to be part of the motorcycle.

(g) "Motorcycle safety education" means a structured set of learning experiences consisting of both classroom and laboratory instruction designed to enable present and prospective motorcycle riders to become safe and more efficient highway users.

(h) "On-street" means instruction on public streets and in traffic. The instruction shall utilize skills, knowledge, and perceptions learned in previous lessons.

(i) "Range" means a restricted off-street area which is designed to develop perceptual, manipulative, and vehicle readiness skills and at which students who are operating motorcycles simultaneously can practice basic manipulative skills with relative safety.

(j) "Skill test" means an off-road test to assess the proficiency of new riders. A skill test evaluates the basic control skills necessary for safe motorcycle operation.

(k) "Sponsor" means a political subdivision or a private business enterprise that is capable and authorized to supervise and conduct educational programs, including fiscal responsibilities.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1703 Approval of motorcycle safety education programs; inspection {#sec-r-257.1703 omnilex-key=us-mi-regs-official--dept-state--R 257.1703}

Rule 3. (1) Written approval by the department shall be obtained by all sponsors not less than 30 days before the commencement of the first session.

(2) The department shall inspect all motorcycle safety education programs annually.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1704 Withdrawal of program approval; hearing {#sec-r-257.1704 omnilex-key=us-mi-regs-official--dept-state--R 257.1704}

Rule 4. Willful noncompliance with any of these rules shall be considered just cause to discontinue a program that was approved by the department. The department shall grant a hearing to a sponsor whose approval is withdrawn if a request is made within 10 days following receipt of the official notice that approval was withdrawn. The department shall follow the provisions for a prehearing and hearing as required in R 257.1710 to R 257.1713.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1705 Student age requirement {#sec-r-257.1705 omnilex-key=us-mi-regs-official--dept-state--R 257.1705}

Rule 5. A student shall be not less than 15 years of age.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1706 Hours of classroom instruction {#sec-r-257.1706 omnilex-key=us-mi-regs-official--dept-state--R 257.1706}

Rule 6. (1) There shall be not less than 7 clock hours of classroom instruction.

Not more than 4 hours of consecutive classroom instruction per day per student shall be allowed.

(2) As an alternative, a motorcycle safety education sponsor may offer a program of classroom instruction that is based on the attainment of competency. A minimum of 3 hours of classroom instruction is required to attain educational competency. Educational competency shall be based on student performance standards established by the national motorcycle safety foundation which are adopted by reference in R 257.1717.

(3) Classroom and range riding experience shall be integrated and correlated into the curriculum.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1707 Riding experience {#sec-r-257.1707 omnilex-key=us-mi-regs-official--dept-state--R 257.1707}

Rule 7. (1) There shall be not less than 8 clock hours per student of range riding experience. An additional 2 clock hours of on-street riding experience may be provided.

(2) As an alternative, a sponsor may offer a riding experience program that is based on the attainment of competency. A minimum of 4 hours of riding experience is required to attain riding competency. Riding competency shall be based on student performance standards that meet the standards established by the national motorcycle safety foundation which are adopted by reference in R 257.1717.

(3) Simulator devices shall not be used as a substitute for riding experience.

(4) Range riding shall be supervised by a certified instructor. The studentinstructor ratio shall not be more than 8 students to 1 instructor.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1708 Motorcycle safety education instructor; qualifications {#sec-r-257.1708 omnilex-key=us-mi-regs-official--dept-state--R 257.1708}

Rule 8. A motorcycle safety education instructor shall meet all of the following requirements:

(a) Possess a valid operator's license, including an endorsement to operate a motorcycle, for a minimum of 1 year.

(b) Be not less than 18 years of age.

(c) Have a personal driving record with not more than 6 points, as assessed by the secretary of state, for moving traffic violations during the 12 consecutive months before making application for approval as an instructor.

(d) Have successfully completed a motorcycle safety education instructor preparation course which meets the standards established by the national motorcycle safety foundation which are adopted by reference in R 257.1717.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1709 Withdrawal of instructor approval {#sec-r-257.1709 omnilex-key=us-mi-regs-official--dept-state--R 257.1709}

Rule 9. The department shall withdraw an individual's approval to teach motorcycle safety education in either of the following situations:

(a) Notification is received from the secretary of state that an approved instructor has accumulated 7 or more points within a 1-year period for moving traffic violations.

(b) The individual does not meet the requirements set forth in R 257.1708.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1710 Prehearing conference {#sec-r-257.1710 omnilex-key=us-mi-regs-official--dept-state--R 257.1710}

Rule 10. (1) Before withdrawing an instructor's approval to teach motorcycle safety education, the department shall cause a copy of the written charges and a notice of opportunity to show compliance to be served upon the instructor.

(2) Within 20 days of service of a copy of the charges and notice of opportunity to show compliance, the instructor may request a prehearing conference to show compliance. The prehearing conference shall be conducted by an authorized representative of the department.

(3) After the prehearing conference, the department shall take 1 of the following actions:

(a) Make a finding of compliance.

(b) Enter into a written settlement of the matter with the instructor without a hearing.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1711 Notice of hearing; amendment of charges; hearing; failure to attend hearing; settlement {#sec-r-257.1711 omnilex-key=us-mi-regs-official--dept-state--R 257.1711}

Rule 11. (1) Within 30 days after service of the notice of opportunity to show compliance, a notice of hearing and a copy of the written charges shall be served upon the instructor if he or she has not requested a prehearing conference.

(2) After a prehearing conference and a decision by the department to proceed to hearing, a notice of hearing and a copy of the written charges shall be served upon the instructor within 10 days.

(3) A hearing shall be conducted by a hearing officer designated by the board and shall be conducted in compliance with the provisions of sections 71 to 87 of Act No. 306 of the Public Acts of 1969, as amended, being SS24.271 to 24.287 of the Michigan Compiled Laws.

(4) If the instructor fails to attend the hearing, the hearing may proceed and a decision may be made in the absence of the instructor.

(5) The instructor and the department may agree, in writing, to a settlement of the matter without a hearing.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1712 Notice to withdraw approval {#sec-r-257.1712 omnilex-key=us-mi-regs-official--dept-state--R 257.1712}

Rule 12. The department may withdraw approval for an individual to teach motorcycle safety education in this state. The department shall notify, in writing, the sponsor and the instructor that approval of the individual to teach is withdrawn.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1713 Reinstatement of approval {#sec-r-257.1713 omnilex-key=us-mi-regs-official--dept-state--R 257.1713}

Rule 13. After approval to teach motorcycle safety education has been withdrawn for a period of 12 or more months, the department may reinstate approval of an individual to teach motorcycle safety education in this state if both of the following conditions apply:

(a) Application for reinstatement of approval status is made.

(b) The individual for whom reinstatement of approval is requested meets the existing criteria for approval under R 257.1708.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1715 Certificates {#sec-r-257.1715 omnilex-key=us-mi-regs-official--dept-state--R 257.1715}

Rule 15. A student who passes an approved motorcycle safety education course shall be granted a Michigan motorcycle safety education certificate approved by the board as official proof of having successfully completed the course. The department shall provide the official motorcycle safety education certificates.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1717 Standards {#sec-r-257.1717 omnilex-key=us-mi-regs-official--dept-state--R 257.1717}

Rule 17. The national motorcycle safety foundation standards entitled "Motorcycle Rider Course", January, 1989, are adopted by reference in these rules.

Copies of the standards may be obtained from the Motorcycle Safety Foundation, 2 Jenner Street, Suite 150, Irvine, California 92718-3800, at a cost of $35.00 as of the time these rules are adopted Copies are also available for inspection and distribution to the public at cost from the Michigan Department of Education, P.O. Box 30008, Lansing, Michigan 48909.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1721 Program reimbursement {#sec-r-257.1721 omnilex-key=us-mi-regs-official--dept-state--R 257.1721}

Rule 21. An eligible sponsor shall not be eligible for reimbursement until all required evidence pertaining to financial expenditures has been presented to the department and approved.

History

History: 1989 AACS.

Rule 22. (1) A governmental agency sponsor shall submit an annual motorcycle safety grant application to the department for approval. The sponsor shall be reimbursed for reasonable expenditures, including any of the following:

(a) Instructor salaries.

(b) Instructional materials.

(d) Motorcycle insurance.

(e) Other direct costs.

(2) A sponsor other than a private business enterprise shall be reimbursed at a rate based upon the availability of funds deposited in the motorcycle safety fund established by sections 312c, 801, and 811a of Act No. 300 of the Public Acts of 1949, as amended, being SS257.312c, 257.801, and 257.811a of the Michigan Compiled Laws, and an appropriation determined by the legislature.

(3) The participant fee identified in section 811a of Act No. 300 of the Public Acts of 1949, as amended, being S257.811a of the Michigan Compiled Laws, shall, if charged, be retained by the sponsor for funding the administration and implementation of the motorcycle safety education program. A local or intermediate school district that offers such a program shall not charge an applicant a course fee if academic credit is given toward a high school diploma for the course.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1723 Annual report; retention of school records; availability for audit {#sec-r-257.1723 omnilex-key=us-mi-regs-official--dept-state--R 257.1723}

Rule 23. A sponsor of a program shall report annually to the department. The report shall provide complete information as to the number of students who participated in the course, who passed or failed the course, and substantiating information relative to the per pupil program cost. The complete legal names, addresses, and birthdates of students for whom reimbursement is claimed and data substantiating the cost of the program shall be retained by the sponsor for not less than 7 years and shall be available for review for audit purposes.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1724 Enterprise application {#sec-r-257.1724 omnilex-key=us-mi-regs-official--dept-state--R 257.1724}

Rule 24. An application for approval by an enterprise to provide a program shall be made on forms prescribed and furnished by the department.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1725 Enterprise standards {#sec-r-257.1725 omnilex-key=us-mi-regs-official--dept-state--R 257.1725}

Rule 25. An enterprise shall meet all the standards required for a sponsor as determined under the provisions of R 257.1702 to R 257.1721 and R 257.1724.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1726 Enterprise facilities; local health and safety requirements {#sec-r-257.1726 omnilex-key=us-mi-regs-official--dept-state--R 257.1726}

Rule 26. An enterprise facility shall meet local health and safety requirements.

History

History: 1989 AACS.

Mich. Admin. Code R 257.1727 Enterprise records and tuition rates {#sec-r-257.1727 omnilex-key=us-mi-regs-official--dept-state--R 257.1727}

Rule 27. (1) Adequate and complete registration, attendance, and achievement records shall be kept by an enterprise for each individual student and made available to an authorized representative of the department upon request.

(2) Fees or quotations of fees involved in the purchase of supplies or equipment by a student shall be recorded separate from the tuition fees. Supplies and equipment shall become the property of the purchaser on the date of purchase.

(3) Tuition, supplies, and equipment fees shall be filed with the department. A subsequent increase in tuition and fees shall not be charged to a student for the term or course in which he or she is currently enrolled. Advertised rates shall agree with the rates on file with the department.

(4) The tuition fees and the refund policy of the school shall be clearly stated on the registration, enrollment, or contract forms that the student signs.

History

History: 1989 AACS.

Vehicles & Watercraft Vehicles & Watercraft

R 281.2201 to R 281.2219 Watercraft Titling

Mich. Admin. Code R 281.2201 Definitions {#sec-r-281.2201 omnilex-key=us-mi-regs-official--dept-state--R 281.2201}

DEPARTMENT OF STATE

BUREAU OF DRIVER AND VEHICLE RECORDS

WATERCRAFT TITLING

(By authority conferred on the secretary of state by section 2 of Act No. 160 of the Public Acts of 1976, as amended, being S281.1202 of the Michigan Compiled Laws)

Rule 1. As used in the act and these rules:

(a) "Act" means Act No. 160 of the Public Acts of 1976, as amended, being S281.1201 et seq. of the Michigan Compiled Laws.

(b) "Amphibious vehicle" means a vehicle by which a person or object may be propelled both on water and on a highway or street on land.

(d) "Dealer" means a person who engages in the retail sale of watercraft for profit and who possesses a Michigan sales tax license and includes any employee, servant, or agent of the dealer.

(e) "Hull identification number" means, with regard to watercraft manufactured after December 31, 1974, a 12-character number beginning with 3 characters representing a state's or manufacturer's code as developed by the United States coast guard. With regard to watercraft manufactured on or before December 31, 1974, the term means a number consisting of any number of characters intended to serve as a unique identifier for a watercraft.

(f) "Liens" and "lienholders" do not include maritime liens or the holder thereof pursuant to Public Law 69-806, 46 U.S.C. S971 et seq.

(g) "Operation of law" includes transfer of ownership of a watercraft by means of a marshall's sale following foreclosure of a maritime lien.

(h) "Right, claim, or interest in watercraft" does not include a maritime lien arising under Public Law 69-806, U.S.C. S971 et seq.

(i) "Secretary of state" includes employees of the department of state.

(j) "Security interest" includes an interest granted by a combination agreement covering more than 1 watercraft or combination of watercraft and other vehicles or property.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2202 Michigan hull identification numbers {#sec-r-281.2202 omnilex-key=us-mi-regs-official--dept-state--R 281.2202}

Rule 2. (1) An application for a Michigan hull identification number shall be accompanied by proof of watercraft ownership. Proof of ownership consists of any of the following materials:

(a) A certificate of title issued by another state.

(b) A bill of sale for a watercraft or the materials from which a watercraft was made.

(d) A certified statement of ownership.

(e) Other evidence of ownership, such as a court order or legal instrument.

(2) Upon assignment of a Michigan hull identification number, the applicant, or another person at the applicant's request, shall affix the number to the outboard side of the watercraft transom or, in the absence of a transom, to the outermost starboard side of the watercraft at the end of the hull that bears the rudder or other steering mechanism and above the waterline in such a way that alteration, removal, or replacement would be obvious and evident. The number shall be affixed permanently by carving, burning, stamping, engraving, embossing, or similar means, including nonremovable riveting or welding. The characters of the number shall be not less than 1/4 inch in height.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2203 Application for title; amphibious vehicles {#sec-r-281.2203 omnilex-key=us-mi-regs-official--dept-state--R 281.2203}

Rule 3. The owner of an amphibious vehicle that is required to be titled in this state shall apply only for a certificate of vehicle title and need not obtain a certificate of watercraft title.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2204 Application for title; abandoned watercraft {#sec-r-281.2204 omnilex-key=us-mi-regs-official--dept-state--R 281.2204}

Rule 4. (1) A person claiming an abandoned watercraft may apply for a certificate of title. The application for title shall be accompanied by a certified or true copy of a court order which indicates that the applicant is the legal owner of the watercraft.

(2) Upon receipt of the documents described in subrule (1) of this rule and the fees prescribed in section 10 of the act, the secretary of state shall issue a certificate of title to the applicant.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2205 Application for title; transfer without probate {#sec-r-281.2205 omnilex-key=us-mi-regs-official--dept-state--R 281.2205}

Rule 5. (1) Upon the death of an owner of 1 or more watercraft whose total value does not exceed $2,500.00, who does not leave other property necessitating probate, and who does not have a will, the spouse or heirs of the decedent specified in section 106 of Act No. 642 of the Public Acts of 1978, being S700.106 of the Michigan Compiled Laws, may apply for a certificate of title.

(2) The application shall be accompanied by all of the following:

(a) A certified statement setting forth the relationship of the applicant to the decedent and the fact of heirship.

(b) A Copy of the decedent's death certificate.

(d) A certified statement stating that creditors of the decedent do not exist or, if they do exist, an original discharge or termination statement executed by each creditor.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2206 Application for title; contents {#sec-r-281.2206 omnilex-key=us-mi-regs-official--dept-state--R 281.2206}

Rule 6. When a watercraft is transferred by means of sale, an application for a certificate of title shall contain, in addition to the information required by the act, the following information:

(a) The date of the sale.

(b) The full purchase price or retail dollar value of the sale, including the value of an outboard motor or other item attached to or kept on the watercraft and transferred as part of the sale.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2207 Application for title; dealer transferees {#sec-r-281.2207 omnilex-key=us-mi-regs-official--dept-state--R 281.2207}

Rule 7. (1) If a watercraft is currently titled and is transferred to a dealer who holds it for resale, the dealer shall obtain and retain in dealership records an assigned certificate of title from the transferor. The dealer need not apply for a certificate of title in the dealer's name, but upon transfer of the watercraft, shall reassign the existing certificate of title and make application for a new title in the transferee's name as provided in section 6 of the act.

(2) If a watercraft is not currently titled and is transferred to a dealer who holds it for resale, the dealer shall, upon transfer of the watercraft, apply for a certificate of title to the watercraft in the transferee's name as provided in section 6 of the act.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2208 Application for title; stolen and lost watercraft {#sec-r-281.2208 omnilex-key=us-mi-regs-official--dept-state--R 281.2208}

Rule 8. (1) Upon receipt of an application for an original or duplicate certificate of title, the secretary of state shall compare the hull identification number indicated on the application against available records of titled, stolen, and lost watercraft.

(2) If an application is filed concerning a titled watercraft believed or listed as stolen or lost, the secretary of state may so notify the department of state police.

(3) The secretary of state shall not issue a certificate of title concerning a titled watercraft believed or listed as stolen or lost until the legal ownership of the watercraft has been verified.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2209 Application for title; investigation {#sec-r-281.2209 omnilex-key=us-mi-regs-official--dept-state--R 281.2209}

Rule 9. The secretary of state may conduct a reasonable investigation to determine whether any 1 of the following exists:

(a) Information submitted in connection with an application for a certificate of title or assignment of a hull identification number is false or fictitious.

(b) A certificate of title has been improperly issued.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2210 Certificate of title; refusal to issue {#sec-r-281.2210 omnilex-key=us-mi-regs-official--dept-state--R 281.2210}

Rule 10. The secretary of state shall refuse to issue a certificate of title if any 1 of the following exists:

(a) The application for title contains a false or fraudulent statement.

(b) The applicant fails to furnish information required by the act or these rules or reasonable additional information as requested.

(d) There are reasonable grounds to believe that the watercraft was stolen or otherwise illegally obtained.

(e) The fee required by section 10 of the act has not been paid.

(f) The secretary of state is not satisfied with the truth of any statement made in connection with the application or the genuineness, regularity, or legality of the transaction.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2211 Certificate of title; issuance; bond {#sec-r-281.2211 omnilex-key=us-mi-regs-official--dept-state--R 281.2211}

Rule 11. (1) If the secretary of state is not satisfied as to the ownership of a watercraft upon application for a certificate of title, the secretary of state may require the applicant to file a properly executed surety bond issued by a company authorized to conduct a surety business in this state. The bond shall be in an amount equal to twice the value of the watercraft as determined by the secretary of state and shall be conditioned to indemnify and reimburse the secretary of state, prior owners, and subsequent purchasers of the watercraft and their successors in interest for expenses or damages incurred, including reasonable attorney fees, on issuance of a certificate of title to the watercraft. An interested person has a right of action for recovery on the bond for breach of its conditions, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. The bond shall be returned at the end of 3 years.

(2) Upon receipt of the surety bond, the secretary of state shall issue a certificate of title to the applicant.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2212 Certificate of title; improper issuance {#sec-r-281.2212 omnilex-key=us-mi-regs-official--dept-state--R 281.2212}

Rule 12. A certificate of title shall be deemed improperly issued when any 1 of the following exists:

(a) A misstatement or inaccuracy appears on the face of the certificate of title.

(b) The applicant for the certificate of title uses a false or fictitious name, indicates a false or fictitious address, or makes a false statement in an application, affidavit, or other document submitted to the secretary of state in connection with the application for the certificate of title.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2213 Certificate of title; surrender; destruction {#sec-r-281.2213 omnilex-key=us-mi-regs-official--dept-state--R 281.2213}

Rule 13. (1) The secretary of state shall take possession of a certificate of title that is issued or purportedly issued under this act when the certificate is counterfeit or fictitious, when it has been improperly issued, or when it has been cancelled. The secretary of state may destroy a faulty, fictitious, defective, or cancelled certificate of title upon its receipt.

(2) The holder of a certificate of title to a watercraft which has been transferred by operation of law, as upon inheritance, devise, bequest, order in bankruptcy, insolvency, replevin, or execution of sale, which is sold to satisfy storage or repair charges, or which is repossessed upon default in the performance of the terms of a security agreement shall mail or deliver the certificate to the secretary of state upon request.

(3) The holder of a certificate of title to a watercraft may, if the holder voluntarily subjected the watercraft to the provisions of the act, return the certificate of title to the secretary of state for cancellation. A voluntary request for cancellation of title shall be accompanied by a certified statement indicating that creditors do not exist. If creditors do exist, the voluntary request for cancellation shall be accompanied by an original discharge or termination statement executed by each creditor.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2214 Certificate of title; delivery to designated person {#sec-r-281.2214 omnilex-key=us-mi-regs-official--dept-state--R 281.2214}

Rule 14. Upon issuance by the secretary of state, a certificate of title shall be delivered or mailed to the owner or to another person designated by the owner to receive the certificate. Designation shall be by separate instrument in a form prescribed by the secretary of state.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2215 Certificate of title; change of name {#sec-r-281.2215 omnilex-key=us-mi-regs-official--dept-state--R 281.2215}

Rule 15. (1) The holder of a certificate of title, within 15 days after a change of name, shall do all of the following:

(a) Notify the secretary of state of the change.

(b) File an application for title reflecting the change.

(d) Surrender the previously issued certificate of title.

(2) Upon receipt of the materials described in subrule (1) of this rule, the secretary of state shall issue a new certificate and shall mail it to the holder.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2216 Security interest; notation on application for title {#sec-r-281.2216 omnilex-key=us-mi-regs-official--dept-state--R 281.2216}

Rule 16. (1) When a security interest is created or assigned, the owner, secured party, or dealer may present the following materials to the secretary of state:

(a) A properly completed application for certificate of title.

(b) The fee prescribed by section 10 of the act.

(d) A copy of the application, which need not be signed or notarized.

(2) Upon receipt of the materials described in subrule (1) of this rule, the secretary of state shall do both of the following:

(a) Indicate the date and place of filing on the copy of the application and return the copy to the secured party.

(b) Issue a new certificate of title and mail it to the owner.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2217 Security interest; retention of records {#sec-r-281.2217 omnilex-key=us-mi-regs-official--dept-state--R 281.2217}

Rule 17. The owner of a watercraft or a secured party may extend the term during which records of a title and notations of security interests are retained by the secretary of state for additional 10-year periods. A request for extension shall be made in an application for a certificate of title which is accompanied by the fee prescribed in section 10 of the act.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2218 Security interest; enforcement {#sec-r-281.2218 omnilex-key=us-mi-regs-official--dept-state--R 281.2218}

Rule 18. If the interest of the owner of a watercraft is terminated by enforcement of a security agreement, the transferee shall file all of the following items with the secretary of state:

(a) The certificate of title, if in possession.

(b) An application for a new certificate of title.

(c) An affidavit which indicates that the watercraft was repossessed, that the interest of the owner was terminated by enforcement of the security agreement, and whether the outstanding certificate of title has been filed, or if not filed, the reasons why not, and the location of the certificate of title, if known.

History

History: 1980 AACS.

Mich. Admin. Code R 281.2219 Commercial look up service {#sec-r-281.2219 omnilex-key=us-mi-regs-official--dept-state--R 281.2219}

Rule 19. (1) The secretary of state shall look up watercraft title records for a fee. The fee for this research service shall be provided by statute.

(2) A copy of a record looked up pursuant to subrule (1) of this rule shall be certified upon request for $1.00.

History

History: 1980 AACS.

Other Business Services Other Business Services

R 340.431 to R 340.436 Driver Safety Schools

Mich. Admin. Code R 340.431 Identification of schools {#sec-r-340.431 omnilex-key=us-mi-regs-official--dept-state--R 340.431}

DEPARTMENT OF EDUCATION

SUPERINTENDENT OF PUBLIC INSTRUCTION

DRIVER SAFETY SCHOOLS

(By authority of Act No. 230 of the Public Acts of 1957, being S257.320b of the Michigan Compiled Laws)

Rule 1. These schools shall be known as driver safety schools with any identification that the county advisory board may wish to designate.

History

History: 1979 AC.

Mich. Admin. Code R 340.432 Starting date for approved schools {#sec-r-340.432 omnilex-key=us-mi-regs-official--dept-state--R 340.432}

Rule 2. The effective date for this act to operate a driver safety school is on or after September 27, 1957.

History

History: 1979 AC.

Mich. Admin. Code R 340.433 Approval of schools {#sec-r-340.433 omnilex-key=us-mi-regs-official--dept-state--R 340.433}

Rule 3. Application to the superintendent of public instruction for approval of driver safety schools shall be made on forms designated for this purpose.

History

History: 1979 AC.

Mich. Admin. Code R 340.434 Appointment of county board members {#sec-r-340.434 omnilex-key=us-mi-regs-official--dept-state--R 340.434}

Rule 4. The county board of supervisors shall appoint a municipal judge, a justice of the peace, and 2 citizens at large to serve on the county advisory board for driver safety schools. The appointees shall serve for a term of 1 year beginning July 1 and may be reappointed to succeed themselves.

History

History: 1979 AC.

Mich. Admin. Code R 340.435 Duties of county advisory board {#sec-r-340.435 omnilex-key=us-mi-regs-official--dept-state--R 340.435}

Rule 5. The county advisory board is empowered to establish driver safety schools and determine the policies governing the operation, including:

(a) Making application for the approval of the operation of new and existing driver safety schools to the superintendent of public instruction.

(b) Submitting course of study and plans for program operation to the superintendent of public instruction for his approval.

(d) Setting of course fees.

(e) Designating the locations where schools shall be conducted.

(f) Establishing a finance and audit committee within the membership of the board.

(g) Submitting an annual report to the superintendent of public instruction on forms provided for this purpose following the end of the fiscal year ending June 30.

History

History: 1979 AC.

Mich. Admin. Code R 340.436 Operation of driver safety schools {#sec-r-340.436 omnilex-key=us-mi-regs-official--dept-state--R 340.436}

Rule 6. (1) There shall be a minimum of 8 clock hours of classroom instruction offered.

(2) The maximum number of students shall not exceed 30 persons per class.

(3) Course content shall be reviewed by the advisory board and approved by the superintendent of public instruction. Such course shall include causes of traffic accidents, traffic laws and their enforcement, psychology of the driver, development of good driving attitudes, physical and emotional factors related to driving, and defensive driving techniques.

(4) Instructors having the responsibility for the operation of driver safety schools shall be certified driver education instructors. Local resource people may be utilized in the instructional program to assist an instructor in the presentation of information in technical or special areas.

(5) The course fees shall be established by the advisory board and shall be used to defray the cost of instruction, materials, and clinical services. The course fees shall not exceed $10.00 per student.

(6) Records of attendance and evaluation of student progress shall be maintained by the instructor on forms provided for this purpose. Summaries of the records shall be submitted to appropriate referring agencies when applicable. An annual report shall be submitted at the end of the fiscal year to the county advisory board for transmittal to the superintendent of public instruction.

History

History: 1979 AC.

Elections & Campaign Finance Elections & Campaign Finance

R 432.1001 to R 432.1003 Casino Interest Registration

Mich. Admin. Code R 432.1001 Definitions {#sec-r-432.1001 omnilex-key=us-mi-regs-official--dept-state--R 432.1001}

DEPARTMENT OF STATE

BUREAU OF ELECTIONS

CASINO INTEREST REGISTRATION

(By authority conferred on the secretary of state by section 7 of Act No. 75 of the Public Acts of 1997 and section 33 of Act No. 306 of the Public Acts of 1969, as amended, being SS432.277 and 24.233 of the Michigan Compiled Laws)

Rule 1. (1) As used in these rules, "act" means Act No. 74 of the Public Acts of 1997, being S432.271 et seq. of the Michigan Compiled Laws.

(2) Terms defined in the act have the same meaning when used in these rules.

(3) As used in the act, "managerial employee" means a person who is employed in the operation of a licensed casino and is designated as a managerial employee by the Michigan gaming control board.

History

History: 1999 AACS.

Mich. Admin. Code R 432.1002 Registrations; format; amendments; terminations {#sec-r-432.1002 omnilex-key=us-mi-regs-official--dept-state--R 432.1002}

Rule 2. (1) A person who is required by the act to file a registration shall file the registration in a format prescribed or previously approved by the department. A person shall file an attachment to a registration in the same format as the registration.

(2) A person who makes entries or statements on a registration that is filed in a paper format shall print legibly in ink or type the entries or statements.

(3) A person filing a registration shall complete each item of information requested by the department or shall clearly note that the item of information is not applicable. A person shall not leave an item blank. The department shall not accept or consider as filed a registration that is not complete.

(4) A person shall file an amended registration if any information required in a registration is changed. A person shall submit an amended registration in a format prescribed or previously approved by the department. An amended registration shall identify the date on which each change occurred.

(5) A person shall file a notice of termination or a registration in a format prescribed or previously approved by the department.

History

History: 1999 AACS.

Mich. Admin. Code R 432.1003 Sworn complaints {#sec-r-432.1003 omnilex-key=us-mi-regs-official--dept-state--R 432.1003}

Rule 3. (1) A person who believes a violation of the act or these rules has occurred may, in person or by mail, file a notarized sworn complaint with the secretary of state.

(2) A person shall type, print, or handwrite in ink a complaint and shall include the complainant’s name, address, and telephone number. A complaint shall name the alleged violator, set forth the alleged violator's address, describe the alleged violation in reasonable detail, and identify all known evidentiary material.

(3) A complaint shall include the following verification statement: "I certify that the statements set forth above are true to the best of my knowledge, information, and belief." A complainant shall sign a complaint immediately following the verification statement and shall swear to the complaint before a notary public.

(4) Upon receipt of a sworn complaint, the secretary of state shall determine whether the complaint is complete. If the complaint is complete, then the secretary of state shall forward it to the attorney general and shall notify the complainant and the Michigan gaming control board that it has been forwarded.

If the complaint is not complete, then the secretary of state shall return it to the complainant with a written explanation of how it is incomplete.

History

History: 1999 AACS.

Office of Customer Services Office of Customer Services

R 440.101 to R 440.510 Uniform Commercial Code Filing Office Rules

Mich. Admin. Code R 440.101 Duties and responsibilities of filing officer {#sec-r-440.101 omnilex-key=us-mi-regs-official--dept-state--R 440.101}

DEPARTMENT OF STATE

OFFICE OF BUSINESS AND INTERNAL SERVICES

UNIFORM COMMERCIAL CODE FILING OFFICE

(By authority conferred on the department of state by section 9526 of the uniform commercial code, 1962 PA 174, MCL 440.9526)

PART 1. GENERAL PROVISIONS

Rule 101. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a financing statement pursuant to these rules, the filing officer does none of the following:

(a) Determine the legal sufficiency or insufficiency of a record.

(b) Determine that a security interest in collateral exists or does not exist.

(d) Create a presumption that information in the record is correct or incorrect, in whole or in part.

History

History: 2002 AACS.

Mich. Admin. Code R 440.102 Definitions {#sec-r-440.102 omnilex-key=us-mi-regs-official--dept-state--R 440.102}

Rule 102. (1) As used in these rules:

(a) “Amendment” as described in section 9512 of the UCC, MCL 440.9512, includes assignments, continuations, and terminations.

(b) “Assignment” means an amendment that purports to reflect an assignment of all or a part of a secured party's power to authorize an amendment to a financing statement.

(c) “File number” means the unique identification number assigned to an initial financing statement by the filing officer t o i d e n t i f y the initial financing statement and permanently associate the initial financing statement with all financing statements related to it in the UCC information management system. The filing number bears no relation to the time of filing and is not an indicator of priority.

(d) “Filing office” and “filing officer” mean the UCC section of the office of secretary of state or its successor.

(e) “Individual” means a human being, or a decedent in the case of a debtor that is the decedent’s estate.

(f) “Information statement” means a record that indicates, under section 9518 of the UCC, MCL 440.9518, that a financing statement is inaccurate or wrongfully filed.

(g) “Initial financing statement” means a financing statement containing the information required by section 9502 of the UCC, MCL 440.9502, which, when filed, creates the initial record in the UCC information management system.

(h) “Remitter” means a person that tenders a financing statement to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. Remitter does not include a person responsible merely for the delivery of the financing statement to the filing office, such as the postal service or a courier service, but does include a service provider who acts as a filer’s representative in the filing process.

(i) “UCC” means the uniform commercial code, 1962 PA 174, MCL 440.1101 to 440.9994.

(j) “UCC information management system” means the information management system used by the filing officer to store, index, and retrieve information relating to financing statements.

(k) “Unique identification number" or "identification number" means a number that includes the year of filing expressed as the first 4 digits of a unique number assigned to the financing statement by the filing office and a 1-digit verification number, referred to as a check digit, assigned by the filing office, but mathematically derived from other numbers in the unique number.

(2) A word or term defined in the UCC has the same meaning when used in these rules.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.103 Financing statement delivery {#sec-r-440.103 omnilex-key=us-mi-regs-official--dept-state--R 440.103}

Rule 103. Financing statements may be tendered for filing at the office as follows:

(a) By courier delivery at the filing office’s street address.

(b) By postal service delivery to the filing office’s mailing address.

(c) By electronic transmission to the filing office in a manner prescribed by the filing officer using a standard approved by the international association of commercial administrators and adopted by the filing office.

(d) By direct online or web page data entry transmission to the filing office in a manner prescribed by the filing officer.

(e) By email delivery to the filing office's email address.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.104 Search request delivery {#sec-r-440.104 omnilex-key=us-mi-regs-official--dept-state--R 440.104}

Rule 104. UCC search requests may be delivered to the filing office by any of the means by which financing statements may be delivered to the filing office.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.105 Rescinded {#sec-r-440.105 omnilex-key=us-mi-regs-official--dept-state--R 440.105}

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.106 Methods of payment {#sec-r-440.106 omnilex-key=us-mi-regs-official--dept-state--R 440.106}

Rule 106. Filing fees and fees for public records services may be paid by the following methods:

(a) Cash.

(b) Checks. Personal checks, cashier’s checks, and money orders must be made payable to the "State of Michigan".

(d) The filing office shall accept payment via electronic funds transfer under national automated clearing house association (NACHA) rules from remitters that have entered into appropriate NACHA-approved arrangements for the transfers and t h a t authorize the relevant transfer pursuant to such arrangements and rules.

(e) Debit and credit card. The filing office shall accept payment via Visa, Mastercard, Discover, and American Express credit and debit cards.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.107 New practices and technologies {#sec-r-440.107 omnilex-key=us-mi-regs-official--dept-state--R 440.107}

Rule 107. The filing officer is authorized to adopt practices and procedures to accomplish receipt, processing, maintenance, retrieval, and transmission of, and remote access to, article 9 filing data by means of electronic, voice, optical, and other technologies, and, without limiting the foregoing, to maintain and operate, in addition to or in place of a paper-based system, a non-paper-based article 9 filing system utilizing any available technology.

In developing and utilizing technologies and practices, the filing officer shall, to the greatest extent feasible, take into account compatibility and consistency with, and whenever possible uniformity with, technologies, practices, policies, and rules adopted in connection with article 9 filing systems in other states.

PART 2. ACCEPTANCE AND REFUSAL OF DOCUMENTS

History

History: 2002 AACS.

Mich. Admin. Code R 440.201 Duty to file {#sec-r-440.201 omnilex-key=us-mi-regs-official--dept-state--R 440.201}

Rule 201. If there is no ground to refuse acceptance of the document under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520, then a financing statement is filed on its receipt by the filing officer with the filing fee and the filing officer shall promptly assign a file number to the financing statement and index it in the information management system.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.202 Rescinded {#sec-r-440.202 omnilex-key=us-mi-regs-official--dept-state--R 440.202}

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.203 Grounds not warranting refusal {#sec-r-440.203 omnilex-key=us-mi-regs-official--dept-state--R 440.203}

R 203. (1) The only grounds for the filing officer's refusal to accept a financing statement for filing are enumerated in sections 9516(2) and 9520(5) of the UCC, MCL 440.9516 and 440.9520.

(2) The following are examples of defects that do not constitute grounds for refusal to accept a document:

(a) The financing statement contains or appears to contain a misspelling or other apparently erroneous information.

(b) The financing statement appears to identify a debtor incorrectly.

(d) The financing statement contains additional or extraneous information of any kind.

(e) The financing statement does not contain all the information required by article 9 of the UCC, MCL 440.9101 to 440.9994, if the document contains the information required in section 9516(2) of the UCC, MCL 440.9516.

(f) The financing statement incorrectly identifies collateral, contains an illegible or unintelligible description of collateral, or does not appear to contain a description of collateral.

(g) The document is accompanied by money in excess of the full filing fee.

(3) The examples enumerated in subrule (2) of this rule are not a comprehensive enumeration of defects outside the scope of grounds for refusal to accept a financing statement for filing.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.204 Procedure on refusal {#sec-r-440.204 omnilex-key=us-mi-regs-official--dept-state--R 440.204}

R 204. If the filing officer finds grounds under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520, to refuse acceptance of a financing statement, the filing officer shall return the document, if written, to the remitter and refund the filing fee on request. The filing officer shall send a notice that contains the date and time the document would have been filed had it been accepted for filing, unless the date and time are stamped on the document, and a brief description of the reason for refusal to accept the document under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520. The notice must be sent to a secured party or the remitter, as provided in R 440.402(3), not later than the second business day after the filing office receives the document. The refund may be delivered with the notice or under separate cover.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.205 Acknowledgment {#sec-r-440.205 omnilex-key=us-mi-regs-official--dept-state--R 440.205}

Rule 205. Upon the request of a filer or remitter who files a written financing statement, the filing officer shall send to the filer or remitter an image of the record of the financing statement showing the file number or identification number assigned to it and the date and time of filing. For a financing statement not filed in written form, the filing officer shall communicate to the filer or remitter the information in the filed document, the file number or identification number, and the date and time of filing.

History

History: 2002 AACS.

Mich. Admin. Code R 440.206 Responsibility for legal effectiveness {#sec-r-440.206 omnilex-key=us-mi-regs-official--dept-state--R 440.206}

Rule 206. The responsibility for the legal effectiveness of filing rests with filers and remitters and the filing office bears no responsibility for legal effectiveness.

History

History: 2002 AACS.

Mich. Admin. Code R 440.207 Refusal errors {#sec-r-440.207 omnilex-key=us-mi-regs-official--dept-state--R 440.207}

Rule 207. If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a financing statement that was refused for filing should not have been refused under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520, the filing officer shall file the financing statement as provided in these rules, reflecting a filing date and time when filing should have occurred. The filing officer shall also file a filing officer statement stating that the effective date and time of filing is the date and time the financing statement was originally tendered for filing, and set forth the date and time.

PART 3. UCC INFORMATION MANAGEMENT SYSTEM

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.301 Primary data elements {#sec-r-440.301 omnilex-key=us-mi-regs-official--dept-state--R 440.301}

Rule 301. (1) The primary data elements used in the UCC information management system are the following:

(a) Identification number, as follows:

(i) Each initial financing statement is identified by its file number as described in R 440.102(1)(d).

(ii) A financing statement other than an initial financing statement is identified by a unique identification number assigned by the filing officer.

(b) Type of financing statement.

(d) The names and addresses of debtors and secured parties.

(e) Status of each financing statement as active or inactive.

(f) The total number of pages in a financing statement.

(g) A lapse indicator that identifies when a financing statement will lapse.

The lapse date of an initial financing statement is determined as provided in R 440.404 based upon its filing date.

(2) A record is created and maintained in the UCC information management system for each initial financing statement.

(3) A record is created and maintained in the UCC information management system for each financing statement other than an initial financing statement and is linked to the record of its related initial financing statement.

(4) The records created and maintained in the UCC information management system for each initial financing statement and all financing statements relating to it are permanently associated with one another.

History

History: 2002 AACS.

Mich. Admin. Code R 440.302 Names of individuals {#sec-r-440.302 omnilex-key=us-mi-regs-official--dept-state--R 440.302}

Rule 302. The following provisions apply to the name of an individual who, or whose estate, is a debtor or a secured party on a financing statement:

(a) Separate data entry fields are established for first personal name, additional name or names or initial or initials, and surnames of individuals. The filing officer assumes no responsibility for the accurate designation of the names, but shall accurately enter the data in accordance with the filer's designations, as required by R 440.407(2)(b).

(b) Titles and prefixes, such as “doctor,” “reverend,” “Mr.,” and “Ms.,” should not be provided by filers in financing statements. However, as provided in R 440.407, if a financing statement is submitted with designated name fields, the data must be entered in the UCC information management system exactly as it appears.

(c) Titles and suffixes or indications of status, such as “M.D.” and “esquire,” are not part of an individual's name and should not be provided by filers in financing statements.

However, as provided in R 440.407, i f a financing statement is submitted with designated name fields, the data must be entered in the UCC information management system exactly as it appears.

(d) Suffixes that indicate which individual is being named, such as "senior,"

"junior," "I," "II," and "III," are appropriate and must be entered exactly as it appears into the UCC information management system in a field designated for name suffixes.

(e) Name fields for individuals in the UCC information management system are fixed in length. Although filers shall continue to provide full names of individuals on their financing statements, a name that exceeds the fixed length of a name field is entered as presented to the filing officer, up to the maximum length of the field. The maximum lengths of name fields are as follows:

(i) First personal name: 50 characters.

(ii) Additional name or names or initial or initials: 50 characters.

(iii) Surname: 50 characters.

(iv) Suffix: 2 characters.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.303 Names of organizations {#sec-r-440.303 omnilex-key=us-mi-regs-official--dept-state--R 440.303}

Rule 303. Both of the following provisions apply to the name of an organization that is a debtor or a secured party on a financing statement:

(a) A single field is used to store an organization name.

(b) The organization name field in the UCC information management system is fixed in length. The maximum length is 255 characters. Although filers shall continue to provide full names of organizations on their financing statements, a name that exceeds the fixed length is entered as presented to the filing officer, up to the maximum length of the field.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.304 Estates {#sec-r-440.304 omnilex-key=us-mi-regs-official--dept-state--R 440.304}

Rule 304. Although estates are not human beings, the names of estates are entered into the UCC information management system, as specified in R 440.302, as if the decedents were the debtors.

History

History: 2002 AACS.

Mich. Admin. Code R 440.305 Trusts {#sec-r-440.305 omnilex-key=us-mi-regs-official--dept-state--R 440.305}

Rule 305. (1) If the trust is named in its organic documents, its full legal name, as set forth in the documents, is entered in the UCC information management system as an organization under R 440.303.

(2) If the trust is not named in its organic documents, then the name of the settlor is used as the trust name and entered into the UCC information management system in the following manner:

(a) If the settlor is indicated to be an organization, then the name is entered as an organization name under R 440.303.

(b) If the settlor is indicated to be an individual, then the name is entered as an individual name under R 440.302.

History

History: 2002 AACS.

Mich. Admin. Code R 440.306 Initial financing statement {#sec-r-440.306 omnilex-key=us-mi-regs-official--dept-state--R 440.306}

Rule 306. Upon the filing of an initial financing statement, the status of the parties and the status of the financing statement shall be as follows:

(a) Each secured party named on an initial financing statement shall be a secured party of record, except that if the initial financing statement names an assignee, then the secured party/assignor shall not be a secured party of record and the secured party/assignee shall be a secured party of record.

(b) The status of a debtor named on the initial financing statement shall be active and shall continue as active until 1 year after the financing statement lapses.

(c) The status of the financing statement shall be active. A lapse date shall be calculated 5 years from the filing date, unless the initial financing statement indicates that it is filed with respect to a manufactured home transaction, in which case the lapse date shall be 30 years from the filing date, or if the initial financing statement indicates that it is filed against a transmitting utility, then there shall be no lapse date. A financing statement remains active until 1 year after it lapses, or, if it is indicated to be filed against a transmitting utility, until 1 year after it is terminated with respect to all secured parties of record.

History

History: 2002 AACS.

Mich. Admin. Code R 440.307 Amendment {#sec-r-440.307 omnilex-key=us-mi-regs-official--dept-state--R 440.307}

Rule 307. Upon the filing of an amendment, the status of the parties and the status of the financing statement shall be as follows:

(a) An amendment that amends only the collateral description or 1 or more addresses has no effect upon the status of any debtor or secured party.If an amendment is authorized by less than all of the secured parties or, in the case of an amendment that adds collateral, less than all of the debtors, then the amendment affects only the interests of each authorizing secured party or debtor.

(b) An amendment that changes a debtor's name has no effect on the status of any debtor or secured party, except that the related initial financing statement and all related financing statements permanently associated with one another shall be cross-indexed in the UCC information management system so that a search under either the debtor's old name or the debtor's new name will reveal all related financing statements. An amendment that changes a debtor's name affects only the rights of its authorizing secured party or parties.

(c) An amendment that changes the name of a secured party has no effect on the status of any debtor or any secured party, but the new name is added to the UCC information management system as if it were the name of a new secured party of record.

(d) An amendment that adds a new debtor name has no effect upon the status of any party to the financing statement, except the new debtor name shall be added to the UCC information management system as a new debtor. The addition of a new debtor name shall affect only the rights of the secured party or parties authorizing the amendment.

(e) An amendment that adds a new secured party shall not affect the status of any party to the financing statement, except that the new secured party name shall be added to the UCC information management system as a new secured party.

(f) An amendment that deletes a debtor has no effect on the status of any party to the financing statement, even if the amendment purports to delete all debtors.

(g) An amendment that deletes a secured party of record has no effect on the status of any party to the financing statement, even if the amendment purports to delete all secured parties of record.

(h) An amendment shall have no effect upon the status of the financing statement, except that a continuation may extend the period of effectiveness of a financing statement.

History

History: 2002 AACS.

Mich. Admin. Code R 440.308 Assignment of powers of secured party of record {#sec-r-440.308 omnilex-key=us-mi-regs-official--dept-state--R 440.308}

Rule 308. Upon the filing of an assignment, the status of the parties and the status of the financing statement shall be as follows:

(a) An assignment shall have no effect on the status of the parties to the financing statement, except that each assignee named in the assignment shall become a secured party of record.

(b) An assignment shall have no effect upon the status of the financing statement.

History

History: 2002 AACS.

Mich. Admin. Code R 440.309 Continuation statement {#sec-r-440.309 omnilex-key=us-mi-regs-official--dept-state--R 440.309}

Rule 309. (1)Upon the timely filing of a continuation statement by any secured party of record, the lapse date of the financing statement shall be extended by 5 years.

(2) The filing of a continuation statement shall have no effect upon the status of any party to the financing statement.

(3) Upon the filing of a continuation statement, the status of the financing statement remains active in the UCC information management system until 1 year after it lapses, as prescribed in subrule (1) of this rule.

R 440. 310 Termination statement.

Rule 310. (1) The filing of a termination shall have no effect upon the status of any party to the financing statement.

(2) The filing of a termination shall have no effect upon the status of the financing statement and, except as provided in subrule (3) of this rule, the financing statement shall remain active in the UCC information management system until 1 year after it lapses.

(3) If the termination relates to a financing statement that indicates it is filed against a transmitting utility, then the financing statement shall become inactive 1 year after it is terminated with respect to all secured parties of record.

History

History: 2002 AACS.

Mich. Admin. Code R 440.311 Information statement {#sec-r-440.311 omnilex-key=us-mi-regs-official--dept-state--R 440.311}

Rule 311. On the filing of an information statement, the status of the parties and the status of the financing statement is as follows:

(a) The filing of an information statement has no effect on the status of any party to the financing statement.

(b) The filing of an information statement has no effect on the status of the financing statement.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.312 Procedure on lapse {#sec-r-440.312 omnilex-key=us-mi-regs-official--dept-state--R 440.312}

Rule 312. (1) If there is no timely filing of a continuation with respect to a financing statement, the financing statement lapses on its lapse date, but remains active in the UCC information management system until the first anniversary of its lapse date.

(2) On the first anniversary of the lapse date of a financing statement, the financing statement is inactive in the UCC information management system and the financing statement is no longer available to a searcher.

PART 4. FILING AND DATA ENTRY PROCEDURES

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.401 Data entry {#sec-r-440.401 omnilex-key=us-mi-regs-official--dept-state--R 440.401}

Rule 401. Except as provided in these rules, data is transferred from a financing statement to the UCC information management system exactly as set forth in the document. Personnel creating reports in response to search requests type search criteria exactly as set forth on the search request. No effort is made by the filing office to detect or correct errors of any kind.

History

History: 2002 AACS.

Mich. Admin. Code R 440.402 Document indexing {#sec-r-440.402 omnilex-key=us-mi-regs-official--dept-state--R 440.402}

Rule 402. (1) The date and time of filing are noted on the document and permanently associated with the record maintained for a financing statement in the UCC information management system at the earliest possible time.

(2) The filing office determines whether grounds exist to refuse the document under sections 9516(2) or 9520(5) of the UCC, MCL 440.9516 and 440.9520. If there is no ground for refusal of the document, then all the following provisions apply:

(a) The document is filed and a unique identification number and the filing date are stamped on the document or otherwise permanently associated with the record maintained for a financing statement in the UCC information management system.

(b) An acknowledgment of filing is prepared as provided in R 440.205 and delivered as provided in subrule (3) of this rule.

(c) The sequence of the identification number is not an indication of the order in which the document was received. If there is a ground for refusal of the document, then notification of refusal to accept the document is prepared as provided in R 440.204 and delivered as provided in subrule (3) of this rule.

(3) Acknowledgment of filing or notice of refusal of a financing statement that includes the information required by R 440.204 or R 440.205 tendered by any means is given by delivering the notice or acknowledgment to the secured party, or the first secured party if there are more than 1 named on the financing statement, by first-class mail, or, if the remitter requests, by first-class mail to the remitter, or by overnight courier to the remitter if the remitter provides a prepaid waybill or access to the remitter's account with the courier.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.403 Filing date and time {#sec-r-440.403 omnilex-key=us-mi-regs-official--dept-state--R 440.403}

Rule 403. (1) Except as provided in subrule (2) of this rule, the filing date and time of a financing statement received with the proper filing fee is determined in the following manner:

(a) Notwithstanding the time of delivery, for a financing statement delivered to the filing office as provided in R 440.103 (a) or (b) o r ( e ) during regular business hours, the earlier of the date and time delivery is receipted or the next close of business following delivery.

(b) For a financing statement transmitted to the filing office as provided in R 440.103(c) the date and time the filing office determines that all required elements of the transmission have been received in the required format.

(c) For a financing statement transmitted to the filing office as provided in R 440.103(d), the date and time the financing statement was accepted for filing by the filing office's direct online entry system.

(2) Except as provided in subrule (1)(b) and (c) of this rule, the filing date and time of a financing statement received after regular business hours or on a day the filing office is not open for business is the earlier of the date and time delivery is receipted by the filing office on the next day the office is open for business or the close of business on the next day the filing office is open for business.

(3) The filing officer may perform any duty relating to a financing statement on the filing date or on a date after the filing date.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.404 Lapse date and time {#sec-r-440.404 omnilex-key=us-mi-regs-official--dept-state--R 440.404}

Rule 404. (1) Except as provided in subrule (3) of this rule, a lapse date is calculated for each initial financing statement in the following manner:

(a) Unless the initial financing statement indicates that it is filed with respect to a manufactured home transaction, then the lapse date is the same date of the same month as the filing date in the fifth year after the filing date or relevant subsequent fifth anniversary thereof if a timely continuation statement is filed.

(b) If the initial financing statement indicates that it is filed with respect to a manufactured home transaction, then the lapse date is the same date of the same month as the filing date in the thirtieth year after the filing date or relevant subsequent fifth anniversary thereof if a timely continuation statement is filed.

(2) The lapse takes effect at midnight at the end of the lapse date. The relevant anniversary for a February 29 filing date shall be March 1.

(3) A lapse date is not calculated for an initial financing statement that indicates the debtor to be a transmitting utility.

History

History: 2002 AACS.

Mich. Admin. Code R 440.405 Errors of the filing officer {#sec-r-440.405 omnilex-key=us-mi-regs-official--dept-state--R 440.405}

Rule 405. The filing office may correct the errors of filing officer personnel in the UCC information management system at any time. If the correction is made after the filing officer has issued a certification date that includes the filing date of a corrected document, then the filing officer shall make an entry on the record relating to the relevant initial financing statement in the UCC information management system stating the date of the correction and explaining the nature of the corrective action taken. The record shall be preserved for so long as the record of the initial financing statement is preserved in the UCC information management system.

History

History: 2002 AACS.

Mich. Admin. Code R 440.406 Errors other than filing office errors {#sec-r-440.406 omnilex-key=us-mi-regs-official--dept-state--R 440.406}

Rule 406. An error by a filer is the responsibility of the filer. A filer can correct an error by filing an amendment. A person under whose name a record is indexed can disclose an error by filing an information statement.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.407 Data entry of names; designated fields {#sec-r-440.407 omnilex-key=us-mi-regs-official--dept-state--R 440.407}

Rule 407. (1) A financing statement must designate whether a name is a name of an individual or an organization and, if an individual, must also designate the first personal name, additional name or names or initial or initials, and surname and any suffix.

(2) Both of the following provisions apply to the data entry of names into the UCC information management system:

(a) Organization names are entered in the field designated for an organization name exactly as set forth in the financing statement, even if it appears that multiple names are set forth in the document or if it appears that the name of an individual has been included in the field designated for an organization name.

(b) Individual names are entered into the first personal name, additional name or names or initial or initials, and surname and suffix fields exactly as set forth on the financing statement.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.408 Data entry of names; no designated fields {#sec-r-440.408 omnilex-key=us-mi-regs-official--dept-state--R 440.408}

Rule 408. (1) If an initial financing statement or an amendment that adds a debtor to a financing statement fails to specify whether the debtor is an individual or an organization and is accepted for filing in error, then all the following provisions apply:

(a) If not set forth in a field designated for individual names, a name is treated as an organization name if it contains words or abbreviations that indicate status, such as any of the following and similar words or abbreviations in foreign languages:

(i) Association.

(ii) Church.

(iii) College.

(iv) Company.

(v) Co.

(vi) Corp.

(vii) Corporation.

(viii) Inc.

(ix) Limited.

(x) Ltd.

(xi) Club.

(xii) Foundation.

(xiii) Fund.

(xiv) L.L.C.

(xv) Limited liability company.

(xvi) Institute.

(xvii) Society.

(xviii) Union.

(xix) Syndicate.

(xx) GmBH.

(xxi) S.A. de C.V.

(xxii) Limited partnership.

(xxiii) L.P.

(xxiv) Limited liability partnership.

(xxv) L.L.P.

(xxvi) Trust.

(xxvii) Business trust.

(xxviii) Co-op.

(xxix) Cooperative.

(xxx) Other designations established by statutes to indicate a statutory organization.

In cases where organization or individual status is not designated by the filer and is not clear, the filing officer shall enter the name in the organization field.

(b) A name is entered as the name of an individual and not the name of an organization if the name is followed by a title substantially similar to 1 of the following titles or the equivalent of 1 of the following titles in a foreign language:

(i) Proprietor.

(ii) Sole proprietor.

(iii) Proprietorship.

(iv) Sole proprietorship.

(v) Partner.

(vi) General partner.

(vii) President.

(viii) Vice president.

(ix) Secretary.

(x) Treasurer.

(xi) M.D.

(xii) O.D.

(xiii) D.D.S.

(xiv) Attorney at law.

(xv) Esq.

(xvi) Accountant.

(xvii) CPA.

(c) If it is apparent that the name of an individual and the name of an organization are stated on a single line and not in a designated individual name field, the name of the individual and the name of the organization must be entered as 1 debtor.

(2) If an initial financing statement or an amendment that adds a debtor to a financing statement fails to designate the last name of an individual debtor and is accepted for filing in error, or if only the last name of an individual debtor is designated in an initial financing statement or an amendment that adds a debtor to a financing statement, then all the following provisions apply:

(a) An initial in the first position of the name is treated as a first name.

(b) An initial and a name to which the initial apparently corresponds, as indicated by parentheses or similar punctuation, is entered into 1 name field only.

(d) A nickname, as indicated by parentheses or similar punctuation, is entered in the name field together with the name preceding the nickname, or if none, then as the first name.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.409 Verification of data entry {#sec-r-440.409 omnilex-key=us-mi-regs-official--dept-state--R 440.409}

Rule 409. The filing officer may use a number of different processes to verify the accuracy of data entry tasks, such as any of the following:

(a) Use of different staff to enter and verify data.

(b) Double blind keying for key fields, such as debtor names.

(d) Visual inspection of entered data.

History

History: 2002 AACS.

Mich. Admin. Code R 440.410 Initial financing statement record {#sec-r-440.410 omnilex-key=us-mi-regs-official--dept-state--R 440.410}

Rule 410. (1) For each initial financing statement, a new record is opened in the UCC information management system that bears the file number of the financing statement and the date and time of filing.

(2) The name and address of each debtor that are legibly set forth in the financing statement are entered into the record of the initial financing statement.

Each debtor name entered into the record of the initial financing statement is included in the searchable index and is not removed until 1 year after the financing statement lapses. Debtor addresses may be included in the searchable index to the extent the filing office offers or intends to offer limited searches or limited copy requests as provided in R 440.504.

(3) The name and address of each secured party that are legibly set forth in the financing statement are entered into the record of the initial financing statement.

(4) The record of the initial financing statement is indexed according to the name of the debtor or debtors and is maintained for public inspection as provided in these rules.

(5) Unless the initial financing statement indicates it is filed against a transmitting utility, a lapse date is established for the financing statement, and the lapse date is maintained as part of the record of the initial financing statement.

History

History: 2002 AACS.

Mich. Admin. Code R 440.411 Amendment record {#sec-r-440.411 omnilex-key=us-mi-regs-official--dept-state--R 440.411}

Rule 411. (1) A record is created for an amendment that bears the identification number for the amendment and the date and time of filing.

(2) The record of the amendment is associated with the record of the related initial financing statement in a manner that causes the amendment to be retrievable each time a record of the financing statement is retrieved.

(3) The name and address of each additional debtor and secured party are entered into the UCC information management system in the record of the related initial financing statement. Each additional debtor name is added to the searchable index and is not removed until 1 year after the financing statement lapses. Debtor addresses may be included in the searchable index to the extent the filing office offers or intends to offer limited searches or limited copy requests as provided in R 440.504.

(4) If the amendment is a continuation, then a new lapse date is established for the financing statement and maintained as part of its record.

History

History: 2002 AACS.

Mich. Admin. Code R 440.412 Information statement record {#sec-r-440.412 omnilex-key=us-mi-regs-official--dept-state--R 440.412}

Rule 412. (1) A record is created for an information statement that bears the identification number for the information statement and the date and time of filing.

(2) The record of the information statement is associated with the record of the related initial financing statement in a manner that causes the information statement to be retrievable each time a record of the financing statement is retrieved.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.413 Rescinded {#sec-r-440.413 omnilex-key=us-mi-regs-official--dept-state--R 440.413}

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.414 Document archives {#sec-r-440.414 omnilex-key=us-mi-regs-official--dept-state--R 440.414}

Rule 414. Financing statements electronically imaged in the UCC information management system relating to financing statements that have lapsed or have been terminated are retained for not less than 5 years from the date of lapse or termination.

History

History: 2002 AACS.

Mich. Admin. Code R 440.415 Data archives {#sec-r-440.415 omnilex-key=us-mi-regs-official--dept-state--R 440.415}

Rule 415. Data in the UCC information management system relating to financing statements that have lapsed or have been terminated are retained for not less than 5 years from the date of lapse or termination.

History

History: 2002 AACS.

Mich. Admin. Code R 440.416 Notice of bankruptcy {#sec-r-440.416 omnilex-key=us-mi-regs-official--dept-state--R 440.416}

Rule 416. The filing officer shall take no action upon receipt of a notification, formal or informal, of a bankruptcy proceeding involving a debtor named in the UCC information management system. Financing statements lapse in the UCC information management system as scheduled unless properly continued.

PART 5. SEARCH REQUESTS AND REPORTS

History

History: 2002 AACS.

Mich. Admin. Code R 440.501 Searchable index {#sec-r-440.501 omnilex-key=us-mi-regs-official--dept-state--R 440.501}

Rule 501. The filing officer may maintain for public inspection a searchable index for all records of financing statements. The index shall provide for the retrieval of a record by the name of the debtor and by the file number of the financing statement to which the record relates.

History

History: 2002 AACS.

Mich. Admin. Code R 440.502 Search requests; contents and processing {#sec-r-440.502 omnilex-key=us-mi-regs-official--dept-state--R 440.502}

Rule 502. (1) A search request must be accompanied by the appropriate fee, payable by a method described in R 440.106, and must contain all the following information:

(a) The full correct name of a debtor or the name variant desired to be searched.

(b) Specify whether the debtor is an individual or an organization.

(2) A search request must be processed using the name in the exact form it is submitted.

(3) For purposes of this rule, both of the following provisions apply:

(a) The full name of an individual must consist of a first personal name, a middle name or initial, and a surname followed by any suffix that may apply to the name.

(b) The full name of an organization must consist of the name of the organization as stated on the articles of incorporation or other organic documents in the state or country of organization or the name variant desired to be searched.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.503 Requests for expediting; identification; method; certification date {#sec-r-440.503 omnilex-key=us-mi-regs-official--dept-state--R 440.503}

Rule 503. (1) A request for expediting must be identified by the requestor.

(2) A request for expediting must state whether the requestor desires current certification. Current certification is certification to the end of the business day preceding the day of the request.

(3) If the requestor does not expressly request current certification, the certification date is the date under R 440.507.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.504 Request for expediting; payment; account {#sec-r-440.504 omnilex-key=us-mi-regs-official--dept-state--R 440.504}

Rule 504. A request for expediting made by any means provided in R 440.103 must be accompanied by a check, in the correct amount, for the statutory fee, or the requestor shall have a billing account with the filing office and authorize the filing office to make a charge to the account for the search.

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.505 Rescinded {#sec-r-440.505 omnilex-key=us-mi-regs-official--dept-state--R 440.505}

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.506 Fees for expediting searches {#sec-r-440.506 omnilex-key=us-mi-regs-official--dept-state--R 440.506}

Rule 506. (1) The filing office shall charge the statutory fee for expediting of the regular search process, as provided by the UCC.

(2) Each separate name of a debtor set forth in a request for expediting shall be deemed a separate request for purposes of the statutory fee.

(3) Each time a requestor specifies that a request for expediting is being made, the request shall be deemed a separate request for purposes of the statutory fee.

History

History: 2002 AACS.

Mich. Admin. Code R 440.507 Search reports {#sec-r-440.507 omnilex-key=us-mi-regs-official--dept-state--R 440.507}

Rule 507. (1) Reports created in response to a search request shall include all of he following:

(a) Identification of the filing officer and the certification of the filing officer required by the UCC.

(b) The date the report was generated.

(d) The certification date applicable to the report.

(e) Identification of each active initial financing statement filed on or before the certification date and time corresponding to the search criteria, by name of debtor, by identification number, and by file date and file time.

(f) For each initial financing statement on the report, a listing of all related financing statements filed by the filing officer on or before the certification date.

(g) Copies of all financing statements revealed by the search and requested by the searcher.

(2) As used in this rule, "certification date" means the date and time through which the search is effective to reveal all relevant financing statements filed on or before that date.

History

History: 2002 AACS.

Mich. Admin. Code R 440.508 Limited or modified search requests {#sec-r-440.508 omnilex-key=us-mi-regs-official--dept-state--R 440.508}

Rule 508. (1) A person requesting a UCC search may limit or modify the search by requesting either or both of the following:

(a) That copies of documents referred to in the report be included with the report.

(b) To limit the scope of the search and copies by reference to any 1 or more of the following:

(i) The initial financing statement identification number.

(ii) The city of the debtor.

(iii) A range of dates between 2 specified dates.

(2) A report created by the filing officer in response to a request that a UCC search be limited under this rule must contain the following statement: "A search request limited under R 440.508(1) may not reveal all filings against the debtor searched. The searcher bears the risk of relying on the limited search."

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.509 Rescinded {#sec-r-440.509 omnilex-key=us-mi-regs-official--dept-state--R 440.509}

History

History: 2002 AACS; 2023 MR 22, Eff. Nov. 16, 2023.

Mich. Admin. Code R 440.510 Search logic {#sec-r-440.510 omnilex-key=us-mi-regs-official--dept-state--R 440.510}

Rule 510. Search results are created by applying standardized search logic to the name presented to the filing officer by the person requesting the search. Human judgment does not play a role in determining the results of the search. All of the following provisions are applied to conduct searches:

(1) The number of matches that may be returned in response to the search criteria is not limited.

(b) No distinction is made between upper and lower case letters.

(c) Punctuation marks and accents are disregarded. Only the letters A to Z in upper or lower case, the numbers 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9, and the symbol &, in any combination, are considered in conducting the search.

(d) Words and abbreviations at the end of a name that indicate the existence or nature of an organization are disregarded, including, but not limited to, any of the following or abbreviations of the following:

(i) Agency.

(ii) Association.

(iii) Assn.

(iv) Associates.

(v) Assc.

(vi) Assoc.

(vii) Attorney at law.

(viii) Bank.

(ix) National bank.

(x) Business trust.

(xi) Charter.

(xii) Chartered.

(xiii) Company.

(xiv) Co.

(xv) Corporation.

(xvi) Corp.

(xvii) Credit union.

(xviii) CU.

(xix) Federal savings bank.

(xx) FSB.

(xxi) General partnership.

(xxii) Gen part.

(xxiii) GP.

(xxiv) Incorporated.

(xxv) Inc.

(xxvi) Limited.

(xxvii) Ltd.

(xxviii) Ltee.

(xxix) Limited liability company.

(xxx) LC.

(xxxi) LLC.

(xxxii) Limited liability partnership.

(xxxiii) LLP.

(xxxiv) Limited partnership.

(xxxv) LP.

(xxxvi) Medical doctors professional association.

(xxxvii) MDPA.

(xxxviii) Medical doctors professional corporation.

(xxxix) MDPC.

(xL) National association.

(xLi) NA.

(xLii) Partners.

(xLiii) Partnership.

(xLiv) Professional association.

(xLv) Prof assn.

(xLvi) PA.

(xLvii) Professional corporation.

(xLviii) Prof corp.

(xLix) PC.

(L) Professional limited liability company.

(Li) Professional limited liability co.

(Lii) PLLC.

(Liii) Railroad.

(Liv) RR.

(Lv) Real estate investment trust.

(Lvi) REIT.

(Lvii) Registered limited liability partnership.

(Lviii) RLLP.

(Lix) Savings association.

(Lx) SA.

(Lxi) Service corporation.

(Lxii) SC.

(Lxiii) Sole proprietorship.

(Lxiv) SP.

(Lxv) SPA.

(Lxvi) Trust.

(Lxvii) Trustee.

(Lxviii) As trustee.

(e) The word "the" at the beginning of the search criteria is disregarded.

(f) All spaces are disregarded.

(g) For first and middle names of individuals, initials are equated with all names that begin with the initials, and no middle name or initial is equated with all middle names and initials.

(h) After taking the preceding provisions into account to modify the name of the debtor requested to be searched and to modify the names of debtors contained in unlapsed financing statements in the UCC information management system, the search will reveal only names of active debtors that, as modified, exactly match the name requested, as modified.

History

History: 2002 AACS.

R 484.501 to R 484.512 MI Child Protection Registry Rules

Mich. Admin. Code R 484.501 Definitions {#sec-r-484.501 omnilex-key=us-mi-regs-official--dept-state--R 484.501}

DEPARTMENT OF LABOR AND ECONOMIC GROWTH

DIRECTOR'S OFFICE

MICHIGAN CHILDREN'S PROTECTION REGISTRY RULES

(By authority conferred on the department of labor and economic growth by section 3 of 2004 PA 241, MCL 752.1063)

Rule 1. As used in these rules:

(a) "Children's Protection Registry Fund" means a separate fund created in the state treasury to be administered by the department under section 4 of 2004 PA 241, MCL 752.1064. The fund shall serve as a repository for fees collected under section 3 of the Michigan Children's Protection Registry Act.

(b) "Cohort" means a logical grouping of minors represented by a group registrant. Uses of cohorts include, but are not limited to, schools choosing to register each graduating class with a designated birth year.

(i) An instant message identity.

(ii) A wireless telephone number.

(iii) A pager number.

(iv) A facsimile number.

(v) An electronic mail address.

(vi) Other electronic addresses subject to rules promulgated under 2004 PA 241, MCL 752.1063 by the department.

(d) "Department" means the Michigan department of labor and economic growth.

(e) "Digital media" means any magnetic or electronic storage device, including but not limited to, hard disks, floppy diskettes, backup media, CD-Roms, DVD-Roms, Zip disks, optical disks, printer buffers, smart cards, memory calculators, electronic dialers, Bernoulli drives, or electronic notebooks (f) "Group registrant" means a school or other entity primarily serving minors who registers 1 or more contact points on behalf of its minor constituency.

(g) "Internet domain name" means a registered and easily identifiable alias for a globally unique, hierarchical numerical reference to an Internet host or service, assigned through centralized Internet authorities, comprising a series of character strings separated by periods.

(h) "Minor" means an individual under the age of 18 years.

(i) "Person" means an individual, corporation, association, partnership, or any other legal entity.

(j) "Prohibited message" means any message, whether direct or indirect, with the primary purpose of advertising or presenting, or otherwise linking to a message that advertises or presents, a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving. This includes, but is not limited to, sexually explicit materials, tobacco products, illegal drugs, gambling opportunities, and alcoholic beverages.

(k) "Protect MI Child Act" means the Michigan Children's Protection Registry Act, 2004 PA 241, MCL 752.1061 to 752.1068.

(l) "Registry" or "Protect MI Child Registry" means the child protection registry created under section 3 of 2004 PA 241, MCL 752.1063.

(m) "Responsible party" means a parent, guardian, individual, or group registrant who is responsible for a contact point to which a minor may have access.

(n) "Sender" means any person who conveys, seeks to convey, or attempts to convey, directly or indirectly, a prohibited message.

(o) "State" means the state of Michigan.

(p) "Vendor" means a third-party administrator who operates the Protect MI Child Registry and related services under contract to the state of Michigan.

(q) "Website" means a particular company, user, or organization's HTML pages collectively accessible on the World Wide Web through a web server. A website is accessible through a unique Internet address or uniform resource locator (URL).

History

History: 2005 AACS.

Mich. Admin. Code R 484.502 Accessibility of registry through secure website {#sec-r-484.502 omnilex-key=us-mi-regs-official--dept-state--R 484.502}

Rule 2. (a) All registrations, including amendments, renewals, and deletions related thereto, shall be made through 1 or more secure and encrypted websites to be established and operated by the department or under contract to the department.

(b) Transactions for both registrants and senders shall be accommodated through the department's website.

History

History: 2005 AACS.

Mich. Admin. Code R 484.503 Registrants {#sec-r-484.503 omnilex-key=us-mi-regs-official--dept-state--R 484.503}

Rule 3. A responsible party may register a contact point with the department under these rules.

History

History: 2005 AACS.

Mich. Admin. Code R 484.504 Registration process and required information {#sec-r-484.504 omnilex-key=us-mi-regs-official--dept-state--R 484.504}

Rule 4. (1) A responsible party may register contact points by the following means:

(a) The preferred method of registration shall be through the department website.

(b) Group registrants may also register by other means as determined by the department.

(c) If a responsible party chooses to register using an alternative medium, which may include digital media, approved by the department, then the information that is submitted shall be entered into the department website for official registry.

(2) The following are required fields for information on minors submitted by individual registrants:

(a) The following fields for the following contact points shall be provided:

(i) Electronic mail address or addresses.

(ii) Telephone phone number or numbers including mobile, pager, and facsimile.

(iii) Instant message identity.

(iv) Other information required to adequately identify the contact point.

(b) Birth date.

(3) The following are required fields for information on the responsible party who submits an individual registration:

(a) Full name.

(b) Mailing address.

(d) Electronic mail address.

(4) A responsible party may, as an individual registrant, submit entries for up to 15 children.

(5) The following are required fields for information on minors submitted by group registrants:

(a) Fields for the following contact points shall be provided:

(i) Electronic mail address or addresses.

(ii) Telephone phone number or numbers including mobile, pager, and facsimile.

(iii) Internet domain name if entire suffix is to be blocked.

(iv) Instant message identity.

(v) Other information required to adequately identify the contact point.

(b) Birth date or cohort year.

(6) The following are required fields for information on the responsible party who submits a group registration:

(a) Full name.

(b) Title.

(d) Mailing address.

(e) Telephone numbers where the party may be contacted.

(f) Electronic mail address.

History

History: 2005 AACS.

Mich. Admin. Code R 484.505 Tenure of registration {#sec-r-484.505 omnilex-key=us-mi-regs-official--dept-state--R 484.505}

Rule 5. Registered contact points shall be valid for 3 years, or until the year a minor or cohort turns 18, whichever comes sooner. The department may establish a shorter tenure of registration if necessary to improve registry operations or services.

History

History: 2005 AACS.

Mich. Admin. Code R 484.506 Options for group registrants {#sec-r-484.506 omnilex-key=us-mi-regs-official--dept-state--R 484.506}

Rule 6. Group registrants may register 1 or more contact points with the department. Group registrants shall have all of the following options:

(a) Register individual contact points for all group members.

(b) Register an entire Internet domain name suffix.

History

History: 2005 AACS.

Mich. Admin. Code R 484.507 Confirmation of registration {#sec-r-484.507 omnilex-key=us-mi-regs-official--dept-state--R 484.507}

Rule 7. (1) Before the registration is complete and entered into the database, a confirmation message shall be sent to the responsible party and contact points.

(2) The content of the confirmation message shall be determined by the department.

(3) Confirmation messages shall be sent via electronic mail whenever possible.

History

History: 2005 AACS.

Mich. Admin. Code R 484.508 Renewals of registered contact points {#sec-r-484.508 omnilex-key=us-mi-regs-official--dept-state--R 484.508}

Rule 8. (1) The department shall offer a convenient process for renewals that provides for uninterrupted listing in the registry of contact points to which minors have access.

(2) The department may require that confirmation of renewals be provided to responsible parties and contact points.

(3) Responsible parties may renew their registrations through the same business channels offered for the original registration.

History

History: 2005 AACS.

Mich. Admin. Code R 484.509 Amendments and deletions {#sec-r-484.509 omnilex-key=us-mi-regs-official--dept-state--R 484.509}

Rule 9. (1) Amendments to contact point or registrant information shall be accommodated upon request of the responsible party who initially requested registration of a contact point.

(2) Unless renewed, contact points shall automatically be deleted from the registry when the affected minor or cohort reaches the age of 18, or after 3 years, whichever comes sooner.

(3) Early deletion of registered contact points shall be accommodated upon request of any of the following:

(a) The responsible party who initially requested registration of the contact point.

(b) The owner of an address that is erroneously listed as a contact point in the registry.

History

History: 2005 AACS.

Mich. Admin. Code R 484.510 Mechanism for verification of sender compliance {#sec-r-484.510 omnilex-key=us-mi-regs-official--dept-state--R 484.510}

Rule 10. (1) No sender or other person, except as designated by the department, may obtain access to the Protect MI Child Registry until payment is received.

(2) A sender shall verify compliance with the Protect MI Child Registry by comparing the lists of contact points for all those to whom the sender wishes to send prohibited messages through the secure system established by the department. The privacy of lists submitted by senders shall be taken into consideration by the department in establishing the configuration requirements for the verification system.

(3) Senders shall not use, sell, or disclose any list of registered contact points that may be derived or obtained through use of the registry or by any other means.

(4) Both of the following apply to confirmation of sender subscription to registry:

(a) Senders shall be provided with confirmation of their subscription following acceptance of their payment.

(b) Senders shall receive informational materials regarding their obligations under the Protect MI Child Act with the confirmation of their subscription.

(5) The sender may send a message, if before sending the message, he or she obtains an affirmative statement of consent, as required by MCL 752.1065(6), from an age-verified adult to receive the message at an adult designated contact point. The sender shall notify the department that the sender intends to send messages as allowed under this section of law and comply with any procedures that may be established.

History

History: 2005 AACS; 2006 AACS.

Mich. Admin. Code R 484.511 Fees {#sec-r-484.511 omnilex-key=us-mi-regs-official--dept-state--R 484.511}

Rule 11. (1) A registry sign-up fee or charge shall not be assessed to a person registering a contact point with the department.

(2) Both of the following apply to a registry access fee:

(a) Senders shall be charged a fee to access the registry.

(b) The vendor creating the registry system shall propose a fee schedule. That fee schedule shall not exceed 3 cents per contact point checked against the registry, for each time a contact point is checked against the registry. In determining the appropriate fee schedule, the department shall judge vendor submissions which encourage the largest number of compliant senders.

History

History: 2005 AACS.

Mich. Admin. Code R 484.512 Revenue collection {#sec-r-484.512 omnilex-key=us-mi-regs-official--dept-state--R 484.512}

Rule 12. (1) The department shall establish and administer a revenue account in the state treasury for the Children's Protection Registry Fund, in accordance with section 4 of the Protect MI Child Act.

(2) The department shall determine revenue collection form and arrangements.

The revenue collection process may be limited to electronic transactions.

History

History: 2005 AACS.