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Michigan’s Election Audit Petition

This week, Michigan’s Board of State Canvassers met to approve 100-word summaries of ballot petitions, a pretty common task for the group that saw more than a little controversy in late 2020 over certifying the general election.

One of those ballot petitions is worthy of a deeper look, because it would fundamentally alter election administration in the state if it appeared on the ballot and was approved by voters. The petition, submitted by AuditMI, would, according to a draft summary, do the following things:

• Transfer election audit authority from elected secretary of state and county clerks to a forensic audit board of 10 Republican and 10 Democratic delegates selected by the state House speaker and minority leader. Private contractors would conduct any actual audit work.

• Create a grand jury of 13 individuals, a majority of which would be selected by the state House speaker. That grand jury would have subpoena power and could issue arrest warrants.

• Require that the audit board raise money for its expenses from private sources, with no disclosure of any private donations.

• Provide the audit board with access to all election-related records, from voter files to poll books and personnel lists. It also would include “network logs” and “software configurations.”

• Require that the 2020 general election be audited, in addition to future statewide and federal elections.

This is, to be clear, an incredibly radical overhaul of election administration in Michigan, one that seems to be predicated on the idea that Republicans would be in charge of the state legislature for the foreseeable future, and able to order the arrest of any local official who did not comply with the audit board’s requests.

It should be said that Michigan’s own audits from the 2020 general election concluded with the judgment that the election was administered “exceptionally well.” A recent independent investigation into Macomb County found no evidence of outside interference, a frequent claim - made without evidence - by Trump supporters. Some of the public comments on the proposal are interesting, to say the least, including some from current Michigan election administrators urging its rejection.

Although the board approved summary language describing the proposal, the ballot petition isn’t yet on the ballot this year. For that to happen, it must gain a final approval from the state board and then its organizers could begin soliciting signatures to get it on the ballot. According to the state, 340,047 signatures are required by June 1. Two other ballot petitions had their summaries approved last week: one would increase the state’s minimum wage, currently $9.87 an hour, to $15 an hour by 2027, while the other would amend the state constitution to “establish a fundamental right to reproductive freedom.” Initiatives seeking to amend the constitution have a higher signature requirement.