HomeMy WebLinkAboutResolutions - 2020.05.13 - 33221MISCELLANEOUS RESOLUTION #20155
BY: Commissioners Marcia Gershenson, District #13; David T. Woodward, District #19; Michael J. Gingell,
District#1; Bob Hoffman, District #2; Michael Spisz, District#3; Tom Middleton, District #4; Kristen Nelson,
District #6; Eileen Kowall, District #6; Christine Long, District#7; Phil Weipert, District#8; Gwen Markham,
District #9; Angela Powell, District #10; Tom Kuhn, District #11; Shelley Taub, District #12; William Miller,
District #14; Adam Kochenderfer, District #15; Penny Luebs, District #16; Nancy Quarles, District #17;
Helaine Zack, District #18; Gary McGillivray, District #20; Janet Jackson, District #21
IN RE: BOARD OF COMMISSIONERS—SUPPORT FOR HB 5141, AUTHORIZATION FOR MUNICIPAL
ABSENTEE VOTER BALLOT COUNTING AGREEMENTS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Proposal 3 of 2018, approved by the voters with 67% of the vote, added eight voter rights to
the Michigan Constitution, including "no -reason absentee voting"; and
WHEREAS in the 2020 Michigan Presidential Primary election, nearly 1 million voters requested an
absentee ballot, a 97% increase from the number of absentee ballots cast in the 2016 Presidential Primary,
and
WHEREAS despite widespread concerns from the COVID-19 virus pandemic, nearly 22% of Michigan
voters already had cast absentee ballots through mail, doubling the turnout of an average May election,
according to Secretary of State Jocelyn Benson; and
WHEREAS the large increase in absentee ballots may present challenges for communities that lack
adequate election infrastructure including high speed tabulators, staff and poll workers; and
WHEREAS increased absentee balloting also provides opportunities to reallocate election resources to
create greater efficiency, accuracy, improve training and achieve savings through cooperative agreements
among municipalities. These agreements would provide for consolidated administration and management
of absentee voter counting boards; and
WHEREAS HB 5141, introduced by Rep. Julie Calley, provides for agreements between municipalities to
allow a city, township or county clerk to assume responsibilities for the management of absentee voter
counting boards in another municipality; and
WHEREAS according to the analysis prepared by the House Fiscal Agency, "there could be substantial
savings to the municipality related to staffing reductions and greater economies of scale associated with
materials, supplies, postage rates' through the use of an agreement to consolidate absentee voter counting
responsibilities; and
WHEREAS HB 5141 is supported by the Secretary of State Jocelyn Benson, the Michigan Association of
County Clerks, the Michigan Association of Municipal Clerks, the Council of Election Officials, the Michigan
Township Association, the Oakland County Clerk and Oakland County Director of Elections; and
WHEREAS HB 5141 was passed by the Michigan House of Representatives with broad bipartisan support
on February 19, 2020 in a 106-2 vote; and
WHEREAS HB 5141 must be enacted into law as passed by the House, granting authority to all municipal
and county governments, regardless of population limitations to utilize these tools to conduct secure and
efficient elections in the future.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby
expresses their support of House Bill 5141 as passed by the Michigan House of Representatives and further
expresses their opposition to amendments that selectively restrict municipal and county governments from
utilizing consolidated absentee voter counting agreements.
BE IT FURTHER RESOLVED that the Oakland County Clerk/Register of Deeds is requested to forward
copies of the adopted resolution to the Governor of the State of Michigan, the Michigan Secretary of State,
the State Senate Majority and Minority leaders, the State House Speaker and Minority leader, State
Representative Julie Calley, the members of the Oakland County delegation to the Michigan Legislature,
and the Board of Commissioner's legislative lobbyist.
Chairperson, I move the adoption of the foregoing resolution.
REQUESTING SUSPENSION
OF THE BOARD RULES FOR
IMMEDIATE CONSIDERATION
UNDER NEW BUSINESS
Comm,sslo' ner Mara.ershens /
District #13
O'� ri U
Commissioner David T. Woodward
Dis ' #19
Commissioner Bo oflman���
District #2
Commissioner Tom Middleton
Z
#44�i ussioner Eileen Kowall
Dis
Commissi r Phi Weigert
Di rict #8 _
Commissioner A geld a Powell
Distri t #10
Commissioner ell Taub
District 1
Commissioner Adam Kochen rfer
Distr t#15
CommissionNancy Quarles
D�rict #17 U
AAR/ i�
Commidsioner'Gary McGillivray
District #20
KI/
ommissioner�
District #1
MichaellSpissz, �(
NeW�v
Commissioner Kristen Nelson
Dis rict# n
Commissioner Christine Lon§)
Distri to i #7
Commissioner Gwen Markham
District
Commissioner Tom Kuhn
District#11
Commissioner William Miller
Di trict #14
Commi si ner Penny Luebs
District
Com r Helai Zack
C mi�Distr'
Cnfeot�J /
District #21
ABSENT VOTER COUNTING BOARDS H.B. 5141 (H-2):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Fiscal Agency �',':_ F;};
P.O.BOX30036 BILL �� gj ,; °� ANALYSIS Telephone: (517)373-5383
Sf , Lansing, Michigan 48909-7536 Fax: (517) 373-1986
House Bill 5141 (Substitute H-2 as reported without amendment)
Sponsor: Representative Julie Calley
House Committee: Elections and Ethics
Ways and Means
Senate Committee: Elections and Government Reform
CONTENT
The bill would amend the Michigan Election Law to do the following:
Allow the clerk of a city or township, at least 75 days before an election, to enter into an
agreement with another clerk of a city or township, multiple clerks, or a county clerk, to
establish an absent voter (AV) counting board.
Prohibit an AV counting board established under the bill from being used for the first time
during a general November election.
Require the Michigan Bureau of Election to develop model language for AV counting board
agreements and procedures for implementing the bill.
Require the clerk of a city or township to file any agreement with the county clerk no later
than 74 days before an election.
Prescribe procedures for terminating an agreement.
Require an absentee ballot received after 4 PM on the day before an election to be
delivered to the elector's voting precinct on election day.
MCL 168.765 et al. Legislative Analyst: Dana Adams
FISCAL IMPACT
The bill would not have a significant fiscal impact on State government. It would add county
and combined absent voter counting boards to the list of boards for which the Secretary of
State would have to develop and distribute appropriate instructions. However, these activities
likely would be funded by existing appropriations.
The bill would have an indeterminate fiscal impact on local units of government. Some local
units could experience cost savings by using equipment or staff paid for by other clerks or
clerk's offices. Units that received payment in exchange for performing certain duties on
behalf of other units could experience an increase in revenue. However, this revenue could
be offset by the increased workload and required investment in staff or resources. The
magnitude of the impact would depend on the number of agreements made and their specific
content.
Date Completed: 3-16-20 Fiscal Analyst: Elizabeth Raczkowski
floor\hb5141 Bill Analysis @ www.senate.michioan.aov/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not
constitute an official statement of legislative intent.
HOUSE
Legislative Analysis IFitCAL ADENCY
AGREEMENTS WITH OTHER LOCAL UNITS Phone: (517) 373-8080
FOR ADMINISTERING ELECTION PROCESSES http://www.house.mi.gov/hfa
Analysis available at
House Bill 5141 (H-2) as reported from committee http://www.legislature.mi.gov
Sponsor: Rep. Julie Calley
1st Committee: Elections and Ethics
2nd Committee: Ways and Means
Complete to 2-4-20
BRIEF SUMMARY.• House Bill 5141 would amend the Michigan Election Law to allow a city
or township clerk to enter into a written agreement regarding the creation of an absent
voting board with the clerks of other cities or townships in the county, or with the
applicable county clerk, at least 75 days before the election.
FISCAL IMPACT: House Bill 5141 would have no direct fiscal impact on the Department of
State and an indeterminate but potentially substantial fiscal impact on local units of
government. See Fiscal Information, below, for a detailed analysis.
THE APPARENT PROBLEM.•
Now and under the bill, boards of election commissioners must provide each absent voter
counting board with a location for counting that is not a polling place, and more than one
board may be located in a single location. All laws relating to paper ballot precincts,
including laws regarding election inspectors, apply. The absent voter counting boards must
process ballots and returns in as nearly as possible the same manner as ballots in paper
ballot precincts, with processing and tallying beginning at 7 a.m. on Election Day.
Proposal 3 of 2018, approved by the voters with 67% of the vote, added eight voter rights
to the Michigan Constitution, including "no -reason absentee voting."' Previously, a voter
had to meet one of six criteria in order to qualify for an absentee ballot. Now, Michigan
voters can obtain an absentee ballot, without giving a reason, during the 40 days before an
election. It is expected that Proposal 3 will lead to an increase in voting participation and a
dramatic increase in absentee voters. HB 5141 would provide adjustments for that expected
increase in absentee voters in upcoming elections.
THE CONTENT OF THE BILL:
House Bill 5141 would amend the Michigan Election Law to allow a city or township clerk
to enter into a written agreement regarding the creation of an absent voting board with the
clerks of other cities or townships in the county, or with the applicable county clerk, at least
75 days before the election.
' House Fiscal Agency analysis of Proposal 3: Promote the Vote petition:
httns://www.house.mi.2ov/hfa/PDF/AlohaBallot Pronosal 2018-3 Promote The Vote.odf
House Fiscal Agency Page 1 of 4
Specifically, a city or township clerk could enter into an agreement to do any of the
following:
• Establish a combined absent voting board to count the absent voter (AV) ballots for
participating cities or townships with the clerk of another city or township or with the
clerks of more than one city or township.
• Allow the clerk of another city or township located in the same county to count AV
ballots for both entities using the applicable AV counting board.
• Allow the county's AV counting board to count AV ballots for the city or township. (If
the city or township were located in more than one county, the agreement would be
with the county in which the majority of its electors reside.)
However, an AV counting board established in any of these ways could not be used for the
first time at a general November election.
If the city or township were handing over administration of AV counting—as in, using the
second or third option above—it would have to use the established approval procedures of
each participating county, city, or township or, if procedures did not exist, the agreement
would have to be approved by the applicable governing bodies.
The Michigan Bureau of Elections (BOE) would have to develop model language that
could be used for the written agreements, as well as procedures to implement the options.
The clerk of a city or township who entered into such an agreement would have to file the
agreement with the applicable county clerk at least 74 days before the election to which the
agreement applied. If the agreement covered more than one election, it would have to allow
any participating clerk to terminate the agreement with 84 days' written notice. If the
terminating clerk were a city or township clerk, notice would have to be filed with the
county clerk within two business days and, if a county clerk, notice would have to be filed
with the BOE within two business days.
For a combined AV counting board (composed of at least two cities or townships), each
city's or township's board of election commissioners would have to appoint the election
inspectors to the combined absent voter counting board between 21 and 40 days before the
applicable election. Additionally, the agreement would have to stipulate a place for the AV
counting board to count the ballots and a time for them to report for duty. The same
requirements for appointment and designation of a time and place would apply for a county
AV counting board, with the onus on the county board of election commissioners.
Election inspectors appointed to an AV board under these provisions would have to comply
with statutory requirements regarding election challenges.
If a city or township clerk who had entered into an agreement described above received an
AV ballot after 4 p.m. on the day before the election, the ballot would have to be delivered
to the elector's voting precinct to be processed and counted, and not to the applicable AV
counting board.
MCL 168.765a; proposed MCL 168.764d and 168.764e
House Fiscal Agency HB 5141 (H-2) as reported Page 2 of 4
FISCAL INFORMATION:
House Bill 5141 would have no direct fiscal impact on the Department of State and an
indeterminate but potentially substantial fiscal impact on local units of government.
The fiscal impact on counties, cities, and townships would depend on the extent to which
these units enter into written agreements, the scope of the duties transferred through the
agreements, and any agreed-upon payment arrangements. If written agreements are largely
used to permit temporary gaps in administrative staffing to be filled, the bill would likely
have only a limited fiscal impact on the units of government that enter into the agreements.
The cost to a local unit of government for an election day worker can range between $200
and $300 a day.
Agreements among local units and counties could also provide cost savings through the
transferring and reallocation of election equipment such as ballot tabulators, poll booths,
and other equipment if those efficiencies are achieved. This may allow local units not to
be required to purchase as many tabulators to accommodate anticipated increases in absent
voter ballots and to replace tabulators in the future. Each tabulator costs approximately
$5,000, not including programming and maintenance costs. Programming and maintenance
can cost an additional $2,000 to $3,000 over the course of five years.
Municipalities could realize savings through agreements that transferred certain election -
related duties to county clerks or other cities' or townships' clerk's offices. With the
approval of the governing body of the local units, the bill does not limit the scope of the
duties that may be transferred in a written agreement. Assuming that a municipality would
be willing to fully transfer its election duties to another clerk's office, there could be
substantial savings to the municipality related to staffing reductions and greater economies
of scale associated with materials, supplies, postage rates, and so forth. Counties or local
units agreeing to administer greater responsibilities could also receive potential increases
in revenue from the agreements. Any fiscal impact would be entirely dependent on the
details of the agreements.
ARGUMENTS:
For:
Proponents advanced the bill as a needed change to account for the increased voter
participation expected following the passage of Proposal 3 of 2018 (described in The
Apparent Problem, above). The bill would not require clerks to make changes to existing
practice, but would give them the flexibility to determine what would work best for their
community. According to committee testimony, small communities could see substantial
cost savings if they were able to band together to buy tabulators in bulk.
Against.
No one testified or voted against the bill in committee.
House Fiscal Agency HB 5141 (H-2) as reported Page 3 of 4
Resolution #20155 May 13, 2020
Moved by Gershenson seconded by Quarles to suspend the rules and vote on Miscellaneous Resolution
#20155 — Board of Commissioners — Support for HB 5141, Authorization for Municipal Absentee Voter
Ballot Counting Agreements.
Discussion followed.
Vote on suspension:
AYES: Taub, Weipert, Woodward, Zack, Gershenson, Jackson, Kuhn, Luebs, Markham,
McGillivray, Miller, Nelson, Powell, Quarles. (14)
NAYES: Spisz, Gingell, Hoffman, Kochenderfer, Kowall, Long, Middleton. (7)
A sufficient majority voted in favor, the motion to suspend the rules and vote on Miscellaneous Resolution
#20155 — Board of Commissioners — Support for HB 5141, Authorization for Municipal Absentee Voter
Ballot Counting Agreements carried.
Moved by Gershenson seconded by Weipert to add all Commissioners as Co -Sponsors.
Discussion followed.
A sufficient majority having voted in favor, the motion to add all Commissioners as Co -Sponsors carried.
Moved by Gershenson seconded by Quarles the resolution be adopted.
Discussion followed.
Vote on resolution:
AYES: Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson, Kochenderfer,
Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson, Powell, Quarles,
Spisz. (21)
NAYS` None. (0)
A sufficient majority having voted in favor, the resolution was adopted.
Ute, c La -
1 HEREBY APPROVETHIS RESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO MCL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on May 13, 2020,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 13th day of May, 2020.
Lisa�a my