2025 House Resolution 89

Whereas, The Michigan Constitution establishes multiple mechanisms by which the people may participate in direct democracy, becoming directly involved in the proposal and adoption of our laws, including amendments to our constitution. Article XII, Section 2 of the Michigan Constitution expressly empowers the registered voters of this state to propose amendments to the state constitution by petition, and it provides for such a proposed amendment to become part of the state constitution if it is approved by a majority of the voters voting on the question; and

Whereas, The people of Michigan exercised their constitutional rights when they proposed and subsequently approved Proposal 3 of 2018 and Proposal 2 of 2022. Each of these proposals amended the state constitution with regard to elections and was further codified in statute by the Legislature. As amended, the Michigan Constitution provides that United States citizens who are qualified voters have the right to be automatically registered to vote as a result of conducting business with the Secretary of State regarding a driver’s license or personal identification card, as well as the right to register to vote in person on election day, with proof of residency. Registered voters have the right to no-reason absentee voting, the right to request placement on the permanent absentee ballot list, the right to vote in person at an early voting site prior to election day, and the right to prove their identity when voting in person or applying for an absentee ballot in person using various forms of photo identification or, if they do not have photo identification or do not have it with them, to execute an affidavit verifying their identity. Those serving in the military or living overseas also have the right to have their absentee ballot counted if it was postmarked on or before election day and received within six days following the election. These and other rights were enshrined in our constitution as a direct expression of the will of the people; and

Whereas, Several individual legislators are seeking to subvert that will by asking the federal courts to overturn the passage of Proposal 3 of 2018 and Proposal 2 of 2022. In the case Lindsey v. Whitmer, certain legislators are arguing that, under the Elections Clause of the Constitution of the United States, only state legislatures and Congress may regulate the election of Senators and Representatives in Congress, such that the use of the citizen-initiated constitutional amendment process under Article XII, Section 2 of the Michigan Constitution to regulate the times, places, and manner of federal elections without the involvement of the Michigan Legislature is unconstitutional. These legislators would have the court invalidate Proposal 3 of 2018 and Proposal 2 of 2022, and they seek to prevent the use of this process for any future constitutional amendments that would regulate federal elections. The legislators are continuing to pursue this case, having filed a petition for a writ of certiorari with the Supreme Court of the United States on March 20, 2025. If successful, these legislators would silence the direct voice of the people and nullify the right of the people to propose and ratify constitutional amendments guaranteed by the Michigan Constitution; and

Whereas, On March 25, 2025, President Donald Trump issued an executive order entitled “Preserving and Protecting the Integrity of American Elections.” This order attempts to restrict voter registration in several ways. First, it directs the United States Election Assistance Commission to require documentary proof of United States citizenship with its national mail voter registration form, and similarly directs the United States Secretary of Defense to update the federal post card application to include such a requirement. It also requires federal voter registration agencies to assess the citizenship of public assistance program enrollees before providing a federal voter registration form and prohibits federal agencies from continuing to implement an executive order issued by the Biden Administration, which generally directed federal agencies to expand opportunities to register to vote and cast a ballot. The order threatens to withhold federal funds for election administration from states that do not comply with federal voting laws, including the requirement to accept the federal mail voter registration form; and

Whereas, The Trump Administration’s executive order on “Preserving and Protecting the Integrity of American Elections” also attempts to regulate the conduct of elections. It directs the Election Assistance Commission to review and, if appropriate, to amend the Voluntary Voting System Guidelines to incorporate certain requirements and rescind all previous certifications of voting equipment under the prior standards, which may impose costly new requirements in states that require compliance with these guidelines. Furthermore, the executive order interprets the federal statutes establishing election day to mean that no ballots cast for federal office received after election day should be counted. As such, the order instructs the Attorney General to “enforce” these laws against states that “violate these provisions” by including absentee ballots received after election day in the final tabulation of votes for federal offices. Again, the order threatens to withhold funding from states that do not comply by establishing a ballot receipt deadline of election day for all methods of voting, excluding ballots cast in accordance with the Uniformed and Overseas Citizens Absentee Voting Act; and

Whereas, This executive order is in serious tension with Proposal 3 of 2018 and Proposal 2 of 2022, which were overwhelmingly approved by the people of the state of Michigan, and seems to go beyond the power of the President to execute the law. The Elections Clause of the Constitution of the United States gives the power to regulate the times, places, and manner of federal elections to Congress and the states, not to the President. Indeed, no such constitutional or statutory authority rests with the President of the United States; and

Whereas, The Lindsey v. Whitmer lawsuit and the March 2025 executive order are not the only threats to voting rights in Michigan. In our state, House Joint Resolution B of 2025 would amend the Michigan Constitution to require United States citizenship to be verified when an individual registers to vote and require photo identification in order to vote. At the federal level, the SAVE Act would similarly require documentary proof of United States citizenship when an individual registers to vote, or other evidence of citizenship if determined sufficient by state or local election officials; and

Whereas, House Joint Resolution B, the federal SAVE Act, and President Trump’s executive order all seek to impose additional burdens on voters by requiring expensive and often difficult to obtain citizenship documentation. Findings from the Center for Democracy and Civic Engagement at the University of Maryland show that over nine percent of voting-age citizens either do not have or could not easily access a U.S. birth certificate, a U.S. passport, a U.S. Naturalization Certificate, or a U.S. Certificate of Citizenship. Obtaining a certified copy of a birth certificate in Michigan can cost upwards of 34 dollars, and a U.S. passport can cost upwards of 130 dollars. The imposition of financial burdens and inefficient election processes is the antithesis of the voter-proposed and voter-approved constitutional amendments to make registering to vote and casting a vote more accessible in Michigan; and

Whereas, Michigan’s elections are safe and secure. Following the allegations of fraud in the 2020 election, more than 250 election audits were conducted in this state, which included participation by more than 1,300 clerks identifying as Republican, Democratic, and nonpartisan alongside Bureau of Elections staff. There were no findings of widespread fraud by election officials, nor was there proof that the election was stolen. The Republican-led Michigan Senate also conducted an oversight investigation that debunked the “Big Lie” theories of fraud in the 2020 election. In 2024, Michigan was ranked second in the nation for election administration using the Elections Performance Index calculated by the MIT Election Data and Science Lab, a significant increase over the state’s prior rankings of thirty-first in 2018 and seventh in 2020; and

Whereas, As demonstrated by the approval of Proposal 3 of 2018 and Proposal 2 of 2022, the people of Michigan have faith in our election system. The voters who ratified these amendments understand that increasing access to elections only strengthens participation and security, and that it is essential to advancing the fundamental right to free and fair elections; now, therefore, be it

Resolved by the House of Representatives, That we affirm the constitutional right of the people of Michigan to propose amendments to the Michigan Constitution and to approve or reject those amendments, including constitutional amendments that impact federal elections, such as Proposal 3 of 2018 and Proposal 2 of 2022; and be it further

Resolved, That we commit to the continued implementation and enforcement of Proposal 3 of 2018 and Proposal 2 of 2022; and be it further

Resolved, That copies of this resolution be transmitted to the Secretary of State, the members of the Michigan congressional delegation, and the President of the United States.