DETROIT — Michigan Gov. Gretchen Whitmer vetoed a series of GOP election bills Friday that would have imposed strict ID rules on voters, barred election officials from accepting donations and prohibited the secretary of state as well as clerks from providing absentee ballot applications unless a voter specifically requested one.
But Republican state lawmakers could soon have another chance to enact their election agenda without Whitmer in their way.
The Secure MI Vote petition initiative contains many of the changes proposed in the vetoed bills. If enough voters sign it and Michigan's Board of State Canvassers certifies it, GOP lawmakers could circumvent Whitmer's veto, enacting it without her signature.
In a letter outlining her objections to the bills — SB 303, SB 304 and HB 5007 — Whitmer echoed concerns voiced by Democratic lawmakers that the measures would disenfranchise voters.
All three bills passed on party-line votes without any Democratic support. Republican lawmakers who backed the measures argued the changes would boost confidence in elections.
Voting rights advocacy groups across the state celebrated Whitmer's vetoes. They said that the bills would have erected barriers to voting and perpetuated misinformation about the security of Michigan's elections.
Meanwhile, Senate Elections Committee Chair Ruth Johnson, R-Holly — who has spearheaded much of the GOP's election agenda in the Legislature — condemned Whitmer's decision.
"By vetoing these measures, the governor is rejecting nearly 80% of Michigan voters who support requiring every voter coming to the polls to present a government-issued ID to cast their ballot — including over 58% of voters in her own party," Johnson said in a statement, citing a Detroit Regional Chamber poll conducted in May 2021.
Michigan already has a voter ID requirement in place, but SB 303 would have eliminated the option for voters who do not possess a photo ID to sign an affidavit confirming their identity and vote normally. In her veto letter, Whitmer wrote that there is no evidence that the affidavit ballots open the door to voter fraud, citing the comprehensive Senate report adopted by GOP lawmakers that found no evidence of widespread fraud in the 2020 presidential election.
The bill would have required issuing voters without an ID a provisional ballot that would not count unless the voter verified their identity with their local clerk within six days of an election.
The bill laying out that process - SB 304 - would have subjected voters issued a provisional ballot to more stringent ID requirements than those currently in place.
Those voting in person can show a driver's license or ID card from another state, but the bill would have required those issued a provisional ballot to show a utility bill, bank statement, paycheck or government document to verify their current address.
The vast majority of those voting in person present a photo ID before casting a ballot. In the Nov. 3 election, 2.3 million Michigan voters cast a ballot in person and 11,417 of those voters (0.5%) did so without showing an ID, according to the Michigan Department of State.
Precincts where voters cast ballots without an ID in the 2016 election were disproportionately home to Black voters and those with low incomes, according to a report commissioned by the American Civil Liberties Union (ACLU) of Michigan.
In her veto letter, Whitmer said that the bills "would disproportionately harm communities of color."
"Voting restrictions that produce such a racially disparate impact must never become law in this state," Whitmer wrote.
SB 303 also proposed a brand new ID requirement for absentee voters.
Michigan voters passed a constitutional amendment in 2018 giving every voter in the state the right to cast an absentee ballot for any reason. The change facilitated a surge in absentee voting, and GOP lawmakers have argued that those requesting an absentee ballot should provide more identifying information before being issued a ballot.
The bill proposed adding a line on the absentee ballot application for voters to provide their state ID or driver's license number or the last four digits of their Social Security number. Voters who didn't comply with the new ID requirements would have also been issued a provisional ballot under the bill that wouldn't count unless the voter took additional steps to verify their identity with their local clerk.
SB 303 also proposed election funding restrictions and ban against election officials providing absentee ballot applications to voters unless a voter requests one. The bill did not explicitly ban posting them online. Republicans widely condemned Secretary of State Jocelyn Benson's decision to mail unsolicited absentee ballot applications to registered voters ahead of the 2020 presidential election.
Clerks from both parties have testified before lawmakers that the absentee ballot application process is secure. The voter's signature on the application is verified against a signature on file before a ballot is issued.
Whitmer also rejected a bill that would have eliminated the fee to obtain a state ID card because it was tied to the strict voter ID bill.
In her veto letter, Whitmer wrote that she "would be proud" to approve election reforms that would allow active-duty service members and their spouses to vote electronically, establish a permanent absentee voter list and allow "sufficient time" to process absentee ballots to speed up election results reporting.
The sponsors of the Secure MI Vote initiative which mirrors the GOP bills vetoed by Whitmer have begun collecting the 340,047 signatures needed to put the petition initiative before state lawmakers.
If the Legislature passes it, Whitmer cannot veto the legislation.
Voters would not be able to nix the initiative through the referendum process because the initiative proposes appropriating money to provide free IDs. The Michigan Constitution bars referendums on any initiatives containing spending provisions.
Michigan stands out nationally in allowing state lawmakers to enact voter-initiated legislation without the governor's signature or the approval of a majority of voters in a statewide election.
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(Reporter Dave Boucher contributed to this report.)
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