Overview

Michigan law does not explicitly provide emergency powers related to the administration of elections, such as the power to relocate polling places or delay elections. However, during a state of disaster or state of emergency, the Governor does have the power to suspend statutes, orders, or rules prescribing the conduct of state business, which could include elections.

Suspension of Regulatory Statutes, Orders, and Rules

Upon the declaration of a state of disaster or a state of emergency, the Governor may suspend a regulatory statute, order, or rule that prescribes the “conduct of state business.” Mich. Comp. Laws Serv. § 30.405(1)(a). While there is no definition of what “conduct of state business” includes, the term likely includes statutes related to election administration. Before suspending, the Governor must find that the regulatory statute, order, or rule would “prevent, hinder, or delay necessary action in coping with the disaster or emergency.” Mich. Comp. Laws Serv. § 30.405(1)(a).