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HB 4461

Elections: registration; review of voter eligibility by the secretary of state; require under certain circumstances. Amends 1954 PA 116 (MCL 168.1 - 168.992) by adding sec. 506b.

2025-2026 Regular Session Introduced by Joey Andrews and 24 co-sponsors

Michigan SOS may verify citizenship of registered voters via DMV/SAVE; noncitizen status triggers cancellation after 60 days unless proof or acceptable explanation, with APA appeal.

bill electronically reproduced 05/06/2025
#elections:registration #elections:voters #stateagencies(existing):state
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Bill Summary · HB 4461

Summary of HB 4461 (Michigan)

Overview

House Bill 4461 amends the Michigan Election Law (1954 PA 116, MCL 168.1–168.992) by adding a new Sec. 506b. The bill authorizes the Secretary of State (SOS) to review the citizenship status of individuals who are currently registered to vote when the SOS receives a document indicating the individual lacks United States citizenship. The review uses cross-checks with the state’s motor vehicle database, the Systematic Alien Verification for Entitlements (SAVE) program, or other relevant programs. If the individual is found not to be a U.S. citizen, their voter registration may be canceled unless they provide proof of citizenship or an acceptable explanation within 60 days, with an appeal process to be established under the Administrative Procedures Act.

Key Provisions

  • Sec. 506b(1): If the SOS receives a legal presence document indicating non-citizenship and the individual is registered to vote, the SOS must compare the qualified voter file (QVF) data to the DMV database, SAVE, or other relevant programs to verify citizenship status and voter eligibility.

  • Sec. 506b(2): If these programs indicate non-citizenship, the SOS must notify the individual that they are not eligible to vote and that their registration will be canceled 60 days after the notice unless they provide proof of U.S. citizenship or an acceptable written explanation (which may include documentation showing a name change, e.g., marriage license, divorce certificate).

  • Sec. 506b(3): If the individual does not provide citizenship proof or an acceptable explanation within 60 days, the SOS must cancel the voter registration and remove the person from the QVF.

  • Sec. 506b(4): The SOS must promulgate rules under the Administrative Procedures Act to establish procedures for appealing the cancellation of a voter registration.

  • Sec. 506b(5): Defines SAVE as the Systematic Alien Verification for Entitlements Program (US DHS/USCIS).

Who Is Affected

  • Current Michigan registered voters who are identified (via a non-citizen document) as not U.S. citizens.
  • Individuals presenting legal presence documents to SOS transactions that indicate non-citizenship.
  • Immigrant residents whose citizenship status could trigger review and potential cancellation unless they provide acceptable evidence.

Procedures and Timeline

  • Trigger: SOS receives a non-citizen legal presence document and determines the individual is registered to vote.
  • Verification: Cross-check with DMV, SAVE, or other programs.
  • Notice: If non-citizen status is confirmed, notify the individual and inform of a 60-day window to provide citizenship proof or an acceptable explanation.
  • Cancellation: If no adequate response within 60 days, cancel registration and remove from QVF.
  • Appeals: SOS to establish an appeal process through APA rulemaking.
  • SAVE: Explicitly referenced as the DHS/USCIS verification program.

Legislative Context

  • Companion bill: SB 2904 (Senate companion).
  • Legislative actions (highlights): Filed March 11, 2025; Read first time and referred in April 2025; introduced May 6, 2025; referred to Committee on Election Integrity for consideration.

Potential Impacts and Considerations

  • Increased safeguards against non-citizen voting by electronically verifying citizenship status.
  • Due process considerations: requires timely notice, a clear path to provide citizenship proof or explanations, and an accessible appeal process.
  • Data reliability and privacy concerns regarding cross-agency data sharing (QVF, DMV, SAVE).
  • Administrative burden on SOS for rulemaking and ongoing eligibility reviews.
  • Impact on eligible voters who undergo status verification, particularly those with name changes or documentation gaps.

Compiled from official sources — confirm details with the bill’s official record.

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