R 168.208 Challenge to a voter’s eligibility; challenge to an elector’s ability to cast a ballot at an Election Day polling place or early voting site after receiving an absent voter ballot.

Rule 8. (1) A challenger may make a challenge to a voter’s eligibility at an Election Day polling place or early voting site if the challenger has a good reason to believe that the individual is not a registered elector. (2) The following are the only permissible reasons that a challenger may challenge a voter’s eligibility: (a) The individual is not registered to vote. (b) The individual is less than 18 years of age on Election Day. (c) The individual is not a United States citizen. (d) The individual has not resided in the city or township where the individual is attempting to vote for 30 or more days before the election. (3) The following are impermissible challenges to a voter’s eligibility because they are improper reasons for challenge: (a) The individual’s race or ethnic background. (b) The individual’s sexual orientation or gender identity. (c) The individual’s physical or mental disability. (d) The individual’s inability to read, write, or speak English. (e) The individual’s need for assistance in the voting process. (f) The individual’s manner of dress. (g) The individual’s support for or opposition to a candidate, political party, or ballot question. (h) The appearance or the challenger’s impression of any of the preceding traits. (i) Another characteristic or appearance of a characteristic that is not relevant to an individual’s qualification to cast a ballot. (4) A permissible challenge to a voter’s eligibility triggers the process laid out in section 729 of the act, MCL 168.729. (5) A challenge to a voter’s eligibility must be made to the challenger liaison or to an election inspector designated by the challenger liaison. (6) If a challenge to a voter’s eligibility is properly made under subrule (2) of this rule, the challenger liaison or election inspector to whom the challenge is made shall ask the challenger to state with specificity which of the voter eligibility criteria the challenger believes the individual whose eligibility is challenged does not meet, and why the challenger believes the individual whose eligibility is challenged does not meet that criteria. (7) A challenge determined to be made for reasons other than the reasons allowed under subrule (2) of this rule must be rejected as an impermissible challenge. (8) Voter eligibility challenges are not permissible at an absent voter ballot processing facility.