WHY MICHIGAN NEEDS A STATE-LEVEL VOTING RIGHTS ACT

Michigan saw historic voter turnout this November, in large part due to robust new pro-voter policies that make it easier and safer to cast a ballot; new early voting policies were especially popular among voters, with nearly three million ballots cast before Election Day. But even with these important advancements in place, decades of discriminatory laws in Michigan continue to restrict voting access for people of color and in other marginalized communities. 

At the federal level, the U.S. Supreme Court opened the floodgates for state-level discriminatory practices in its 2013 Shelby County v. Holder decision, which gutted the 1965 Voting Rights Act’s requirement for federal oversight on state policies that could suppress voters. Over 100 repressive laws have been passed by at least 29 states in the decade since. 

Now, with incoming leaders in Washington promising to make sweeping changes to our election processes and roll back core voting protections, Michigan needs to do more to ensure equal access to the ballot. That starts with passing the Michigan Voting Rights Act (MIVRA), which will better protect voters and election workers and put Michigan at the forefront of the country in advancing a democracy that works for us all. The legislation was passed by the state Senate in September and is currently awaiting a floor vote from the House before heading to Governor Whitmer’s desk.

Crucially, the MIVRA would go a long way to improve voting access for people of color and other historically marginalized communities in Michigan. For example, Michigan has a large Arabic speaking population, but no state or federal laws that require officials to provide election information in Arabic. The MIVRA helps to address this issue by expanding language assistance for voters who speak a primary language other than English. In addition, the bill improves access to the polls for voters with disabilities – a quarter of Michiganders have a disability but more than 80% of polling places aren’t fully accessible – by providing the ability to request curbside voting and to bring someone into the voting booth to help fill out their ballot. And, the bill will establish a “private right of action” for voters of color and organizations representing voters of color, removing barriers that can make it challenging to sue localities that adopt policies or practices that negatively impact voters of color in any way. 

The MIVRA will also make our election administration clearer and more efficient — which is a win for voters and the dedicated election officials who oversee these processes. It will require voters to be notified at least 20 days in advance if a new rule has been established that may impact them. This will provide voters with enough time to adjust their plans before Election Day, and prevent last-minute scrambles for officials working to address issues. The bill will also improve transparency for data that can help inform future opportunities to advance voting rights. Accessing this data will enable citizens and independent organizations to identify new opportunities to advance voting rights in the future. Recognizing the opportunity to prevent future attempts at voter suppression, the MIVRA includes an important provision allowing courts across the state to require pre-approval of any proposed voting changes in localities with a history of voting rights violations. 

The protections offered by the MIVRA come at a perilous time for our nation’s voting rights. We have seen rollbacks and challenges pursued (and achieved) from Shelby to this summer’s U.S. Supreme Court decision Republican National Committee vs. Mi Familia Vota, which threatened to disenfranchise voters in Arizona. Congress has been not only unwilling to codify new voter protections, but its current leadership continues to raise legislation that directly attacks voter access. 

States wanting to combat these attacks must go bigger and bolder than ever before. Michigan has laid the groundwork already: In 2018, the state passed a constitutional amendment to give every voter the right to an absentee ballot. And in 2022, the citizen-led Proposition 2 expanded a litany of voting rights including ballot drop boxes, early voting, and overseas voting. This paved the way for 12 new expansive voting laws passed in 2023 — more than any other state in the country. And just last month, Governor Whitmer signed legislation to expand protections for election workers and voter safety at the polls. 

Now, we not only need to hold the line, we need to go further. The passage of the MIVRA would make Michigan the sixth state in the nation to advance voting rights at this scale. The legislation would make voting more accessible to millions of Michiganders and protect voters from baseless attacks on their right to vote. We encourage the legislature to swiftly pass this bill and set a precedent for the nation to follow.