(The Center Square) – Michigan’s Senate voted to pass four election-related bills that aim to counter voter discrimination on the basis of race, ability or language – protections already provided by the 15th amendment that the legislation is meant to bolster.
The package of bills would supply legal pathways and resources for citizens to sue local governments for 15th Amendment violations, create an electronic voting database, and require all polling places to provide language assistance to non-English speakers, among other things.
“Every Michigan voter deserves access to fair, secure elections and no citizen should be unfairly denied the right to vote,” Secretary of State Jocelyn Benson said in response to the bills’ passage. “The Michigan Voting Rights Act will not only build on the federal Voting Rights Act but will add new protections at the state level to shield us from future attacks on our democracy.”
SB 401, among other changes, would create the Michigan Voting Rights Act, which grants courts broad authority “to order adequate remedies that were tailored to address a violation in any action brought under the MVRA,” such as the violation of the rights of disabled voters, voters who need language assistance, and voters part of a racial minority.
The act would also create the Michigan Voting Rights Assistance Fund in the state Treasury, which would reimburse plaintiffs and local governments for up to $50,000 in certain expenses before litigation.
The Voting and Elections Database and Institute Act of SB 402 would create an electronic archive of state election data and voting records, which could be used as evidence in court.
SB 403 would create the Language Assistance for Elections Act, which requires local governments to aid voters with a limited knowledge of English and allow said voters “aggrieved by a violation of language assistance requirements” to file a lawsuit.
SB 404 would require local governments to notify the Michigan secretary of state for various changes to the election process, and also allow any individual to enter a polling place “to provide necessities to electors.”
Opponents say the legislation is unnecessary, expensive and potentially harmful.
State Sen. Ruth Johnson, R-Holly, voted against the bills, citing concerns about the costs of implementation, clerk protection, and additional bureaucracy.
“These bills would cost taxpayers millions of dollars and create new obstacles for our clerks and local units of government that are simply unnecessary,” Johnson said in response to the bills passing Tuesday. “These bills go far beyond the voting rights protections already afforded to all of our citizens under both the U.S. and Michigan constitutions, and they would create a huge new bureaucracy under the secretary of state that would help interest groups sue our local units of government and our hardworking clerks.”
Johnson also noted how SB 404 could invite electioneering by allowing political actors to engage with voters at polling places.
“Under this bill, I could enter a polling location—even if I was a candidate on the ballot—and say ‘Hi, I’m Ruth Johnson, please accept this snack while you’re waiting in line to vote’ or have a volunteer for my campaign enter a precinct and say, ‘Please accept this hot dog or cup of coffee from Ruth Johnson,’” Johnson said. “I strongly believe the vast majority of people would say that this type of activity is inappropriate and a violation of the spirit of the current ban on campaigning inside polling locations.”
The Committee on Elections is currently reviewing the bills before the House members vote.
