In Michigan, challenges to a voter’s eligibility to cast a ballot may be made by election inspectors, challengers, and registered voters present at the polling place on Election Day. Challengers may also challenge the election process at polling places and at Absent Voter Counting Boards.
Political parties, incorporated organizations, and organized committees of citizens interested in the outcome of a ballot question or in “preserving the purity of elections and in guarding against the abuse of the elective franchise” may appoint challengers to observe the electoral process. Mich. Comp. Laws Serv. § 168.730(1); “Election Day EOM” at 24*.* A challenger must be a registered voter in Michigan and may not be a candidate in the election. Mich. Comp. Laws Serv. § 168.730(2). Challengers are allowed to be present at polling places, early vote sites, and at Absent Voter Counting Boards. Mich. Comp. Laws Serv. § 168.733(1), (2); “Challengers and Poll Watchers” at 4.
At the polls, challengers may challenge a voter’s eligibility to cast a ballot if the challenger has a “good reason” to believe the person is not eligible to vote based on residency, age, or citizenship. “Election Day EOM” at 28-29*.* The challenger must explain the basis for the challenge. “Election Day EOM” at 29*.* An election inspector then has the challenged voter take a sworn oath and asks the voter questions to confirm that the voter meets the criteria to vote. “Challengers and Poll Watchers” at 13*.* If the voter confirms under oath that the voter meets eligibility requirements, the election inspector allows the voter to cast a challenged ballot. “Challengers and Poll Watchers” at 13-14. **In this case, the voter completes the ballot and places it in the tabulator in the same manner as a regular voter. “Challengers and Poll Watchers” at 14. If the voter does not confirm eligibility under oath, the challenge is accepted and the voter is not permitted to vote. “Challengers and Poll Watchers” at 14. If a voter refuses to take the oath or answer the required questions, the challenge is accepted and the voter may not cast a ballot. “Challengers and Poll Watchers” at 14.
A challenger may not appeal a determination made that a voter is eligible to vote. “Challengers and Poll Watchers” at 14. **Any outstanding challenges to a voter’s eligibility after Election Day may be adjudicated through the judicial process. “Challengers and Poll Watchers” at 14.
An election inspector must make a challenge to a voter’s eligibility if the election inspector knows or has good reason to suspect that the voter is not eligible to vote. “Challengers and Poll Watchers” at 15. The process for this type of challenge is the same as the process for a challenge by a credentialed challenger. “Challengers and Poll Watchers” at 15*.* The election inspector must provide a specific and permissible reason for the challenge, and the voter’s eligibility is resolved using the same process as when the challenge is made by a credentialed challenger. “Challengers and Poll Watchers” at 15.
Any registered voter of a precinct present at the polling place on Election Day may challenge the eligibility of a voter attempting to cast a ballot. “Challengers and Poll Watchers” at 15. The challenging voter must either know or have good reason to suspect that the challenged voter is not eligible to vote in that precinct. “Challengers and Poll Watchers” at 15. A registered voter may only issue challenges in the precinct in which the challenging voter is registered to vote. “Challengers and Poll Watchers” at 15. The challenge process in this case is identical to the process used when credentialed challengers or election inspectors issue a challenge. “Challengers and Poll Watchers” at 15.
Challenges may be present at Absent Voter Counting Boards. “Challengers and Poll Watchers” at 17. Challengers may challenge processes used at the facility, for example, ensuring that the review of the ballot envelope is properly completed. “Challengers and Poll Watchers” at 17. However, challengers may not challenge voter eligibility at this point. “Challengers and Poll Watchers” at 17-18. City and Township Clerks review absent voter ballot signatures and confirm voter eligibility prior to the absent voter ballots being transmitted to the Absent Voter Counting Board—therefore, eligibility is not in question. “Challengers and Poll Watchers” at 17.
If a person does wish to contest the eligibility of an absent voter, the person must bring the matter to the appropriate City or Township Clerk prior to Election Day. “Challengers and Poll Watchers” at 18.
If a challenged voter confirms under oath that the voter meets eligibility requirements, the voter places the ballot in the tabulator in the same manner as a voter would place a regular ballot. “Challengers and Poll Watchers” at 13-14. The challenge is noted in the poll book, along with information from the voter about the voter’s eligibility. “Challengers and Poll Watchers” at 14.
If the voter does not confirm eligibility under oath, the challenge is accepted and the voter is not issued a ballot and not permitted to vote. “Challengers and Poll Watchers” at 14. If a voter refuses to take the oath or answer the required questions, the challenge is accepted and the voter may not cast a ballot. “Challengers and Poll Watchers” at 14.