out; notice; information added to qualified voter file; United States citizenship
requirement; preregistration; erroneous registration not a violation; monthly data
reports.
Sec. 493a.
(1) Subject to this section, the secretary of state shall automatically register to vote each
individual who meets the qualifications of an elector under section 492 and who submits an
application for an operator's or chauffeur's license issued under the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card issued under
1972 PA 222, MCL 28.291 to 28.300, or an enhanced driver license or enhanced official state
personal identification card issued under the enhanced driver license and enhanced official
state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308. In addition, subject
to this section, the secretary of state shall automatically register to vote each individual who
meets the qualifications of an elector under section 492 and who submits a change of address
application for an operator's or chauffeur's license issued under the Michigan vehicle code,
1949 PA 300, MCL 257.1 to 257.923, an official state personal identification card issued under
1972 PA 222, MCL 28.291 to 28.300, or an enhanced driver license or enhanced official state
personal identification card issued under the enhanced driver license and enhanced official
state personal identification card act, 2008 PA 23, MCL 28.301 to 28.308.
(2) Subject to this subsection, for each individual who submits an application under
subsection (1) or who is issued a graduated licensing status under section 310e of the
Michigan vehicle code, 1949 PA 300, MCL 257.310e, who provides or has provided
documentation demonstrating United States citizenship, and who is of sufficient age to register
to vote, the secretary of state shall, if the individual is not already registered to vote in this
state, add the information required under section 509q(1)(a), (b), and (g) to the qualified voter
file for that individual and electronically forward the individual's information to the clerk of
the city or township in which the individual resides to have the clerk register that individual to
vote. For an individual registered to vote under this subsection, the qualified voter file must
include an indication that the individual was registered to vote under this section. Subject to
this subsection, the secretary of state shall send to the individual's residence address, by
nonforwardable mail, a notice that the individual has been registered to vote and a postage
prepaid and preaddressed return form by which the individual may decline the voter
registration. The secretary of state shall prescribe the form of the notice described in this
subsection. In addition, the secretary of state shall develop procedures for processing a voter
registration under this subsection for an individual who has previously declined voter
registration under subsection (4).
(3) The notice mailed to an individual under subsection (2) must include all of the
following:
(a) An explanation of the eligibility requirements to register to vote, and a statement that if
the individual is not eligible to vote, the individual must decline the voter registration by using
the postage prepaid and preaddressed return form.
(b) A statement that an individual may decline the voter registration. The statement must
also indicate that if the individual declines the voter registration, the fact that the individual
declined the voter registration remains confidential and can be used only for purposes of voter
registration statistics. The statement must also indicate that if the individual remains registered
to vote, the office at which the individual was registered to vote remains confidential and can
be used only for voter registration purposes.
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(c) Information on how a registered elector may cast an absent voter ballot.
(4) If an individual returns a notice mailed under subsection (2) and declines the voter
registration, that individual is considered to never have been registered to vote and any
information added to the qualified voter file for that individual must be removed. However, if
an individual has voted in an election and then returns a notice mailed under subsection (2)
that declines the voter registration, the secretary of state's office shall contact that individual to
determine whether the individual wishes to decline the voter registration or remain registered
to vote.
(5) If a notice mailed under subsection (2) is returned to the secretary of state by the post
office as undeliverable, the qualified voter file must generate a notification to the clerk of the
city or township in which that individual resides to have the clerk mail the individual a notice
required under section 509aa(3). If an individual returns a notice mailed under subsection (2)
without selecting the option to decline the voter registration, the individual remains registered
to vote.
(6) The secretary of state shall not provide an opportunity to register to vote or
automatically register to vote any individual who, when submitting an application under
subsection (1), provides documentation demonstrating that the individual is not a United
States citizen. Subject to this subsection, for any other individual who submits an application
under subsection (1) who has not provided documentation demonstrating United States
citizenship, but who is of sufficient age to register to vote, the secretary of state shall offer to
register to vote that individual if the individual indicates on the individual's operator's or
chauffeur's license application, official state personal identification card application, or change
of address application that the individual is a citizen of the United States. The secretary of
state shall add the information required under section 509q(1)(a), (b), and (g) to the qualified
voter file for each elector registered under this subsection and shall electronically forward the
name of each elector registered under this subsection to the clerk of the city or township in
which each elector resides to have the clerk register that individual to vote. For an individual
registered under this subsection, the qualified voter file must include an indication that the
individual was registered to vote under this section. For purposes of this subsection only, the
secretary of state shall not register to vote an individual under this subsection who indicates on
the individual's operator's or chauffeur's license application, official state personal
identification card application, or change of address application that the individual declines to
use the application as a voter registration application. The secretary of state shall not transmit
any information to the qualified voter file regarding any individual who declines under this
subsection to use an application described in this section as a voter registration application.
(7) The secretary of state shall use the procedures in subsections (2) to (6) to preregister any
individual who meets the qualifications to preregister to vote under section 496a and who
submits an application under subsection (1). The procedures in subsections (2) to (5) must be
used for each individual who submits an application under subsection (1), or who is issued a
graduated licensing status under section 310e of the Michigan vehicle code, 1949 PA 300,
MCL 257.310e, who provides or has provided documentation demonstrating United States
citizenship, and who is of sufficient age to preregister to vote. The notice and procedures
required in subsections (2) to (5) must be modified to reflect that the individual has been
preregistered to vote, not registered to vote. The procedures in subsection (6) must be used for
each individual who submits an application under subsection (1) and who has not provided
documentation demonstrating United States citizenship, but is of sufficient age to preregister
to vote, except that the secretary of state shall not provide an opportunity to preregister to vote
or automatically preregister to vote any individual who, at the time of submitting an
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application under subsection (1), provides documentation demonstrating that the individual is
not a United States citizen.
(8) An individual who is not eligible to vote and who, without intending to register to vote,
becomes registered to vote through human or mechanical error is not considered to have
knowingly intended to register to vote in violation of section 519.
(9) If an individual who is not eligible to vote becomes registered to vote under subsection
(2) or section 493b and votes or attempts to vote in an election held after the effective date of
the individual's voter registration, that individual is presumed to have a defense for a violation
under section 932a(c). This subsection does not apply to an individual who knowingly and
willfully makes a false statement to effectuate voter registration or who intentionally takes
voluntary action to register to vote or vote knowing that the individual is not entitled to vote.
(10) Nothing in this section shall be construed to amend the substantive qualifications for
voter registration in this state, or to require documentary proof of United States citizenship for
voter registration.
(11) The secretary of state shall publicly release data reports, as described in this subsection,
on a monthly basis. The data reports must not include any personally identifying information,
must be subcategorized by sex and age of the individuals included, and must include all of the
following information:
(a) The number of individuals registered to vote or preregistered to vote under the
procedures in subsections (2) to (5).
(b) The number of individuals who declined voter registration or voter preregistration under
the procedures in subsections (2) to (5).
(c) The number of individuals registered to vote or preregistered to vote under the
procedures in subsection (6).
(d) The number of individuals who declined voter registration or voter preregistration under
the procedures in subsection (6).
(e) The number of individuals whose voter registration or voter preregistration was updated
pursuant to the requirement under sections 509o and 509r that the secretary of state use the
residence address provided on a driver license or state personal identification card application
as the applicant's residence address in the qualified voter file.§ 168.493aAutomatic voter registration; qualifications; qualified voter file; option to opt-
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.