R 168.256 Challenges to voter registration; requirements for a valid challenge.

Rule 6. (1) A challenge to an individual’s registration is a specific process that is distinct from the notice process that follows the receipt of reliable information. (2) A challenge to an individual’s registration must comply with the requirements of section 512 of the act, MCL 168.512, and is valid only if it meets all the following requirements: (a) The challenge must be submitted by a registered voter in the same municipality as the challenged voter. (b) The challenge must be submitted to the city or township clerk for the relevant municipality. Submission may be in person, by mail, or by electronic mail. (c) The challenge must be made through a written and notarized affidavit. A separate written and notarized affidavit is required for each individual voter whose registration is being challenged. Submission of a copy of the written and notarized affidavit is acceptable. (d) The challenger must swear that they have personal knowledge that the challenged voter is ineligible and must specify the grounds for ineligibility. (e) The challenge cannot be made indiscriminately and without good cause, or for the purpose of harassment. A challenge is made indiscriminately and without good cause if the challenger does not know or have a reasonable belief that the challenged individual is ineligible. Improper reasons for making a challenge to a voter’s eligibility include, but are not limited to, the following: (i) The voter’s race or ethnic background. (ii) The voter’s sexual orientation or gender identity. (iii) The voter’s physical or mental disability. (iv) The voter’s inability to read, write, or speak English. (v) The voter’s need for assistance in the voting process. (vi) The voter’s manner of dress. (vii) The voter’s support for or opposition to a candidate, political party, or ballot question. (viii) The appearance or the challenger’s impression of any of the traits listed in paragraphs (i) to (vii) of this subdivision. (ix) Other characteristics or appearance of characteristics that are not relevant to an individual’s qualification to cast a ballot. (3) An individual’s voter registration may be cancelled pursuant to section 512 of the act, MCL 168.512, only for the following reasons: (a) The individual is not old enough to register to vote. An individual may preregister to vote when they are 16 years of age, and is qualified to be registered to vote when they are 17.5 years of age or older. (b) The individual is not a United States citizen. (c) The individual does not reside within the jurisdiction where they are registered. (d) The individual is deceased. (4) The requirement that the challenger have personal knowledge that the challenged voter is ineligible is not satisfied when the challenger’s basis for their claim is reliable information that a voter has moved or other third-hand information indicating that a voter is not eligible, including an online database, United States Postal Service information, or other information from a third-party such as another resident contacted during a house-to- house canvass.