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SB-961, As Passed Senate, June 16, 2026
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SENATE BILL NO. 961
A bill to create a state voting rights act; to provide for the
powers and duties of certain state and local governmental officers
and entities; to provide for a court-appointed monitor under
certain circumstances; to prohibit certain discriminatory activity
and to prescribe civil sanctions; to create a fund; to provide
remedies; to prescribe penalties; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act may be cited as the "state voting rights 1
May 13, 2026, Introduced by Senators CAMILLERI, GEISS, CHANG, MOSS, CAVANAGH,
SANTANA, SINGH, SHINK, KLINEFELT, POLEHANKI, BRINKS, IRWIN, WOJNO,
BAYER, CHERRY, HERTEL, MCCANN and ANTHONY and referred to Committee on
Elections and Ethics.
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act". 1
Sec. 2. In recognition of legislative findings regarding the 2
protections for the right to vote provided by the state 3
constitution of 1963, and in conjunction with the constitutional 4
guarantees of equal protection and the freedoms of speech, 5
assembly, consultation, instruction, and petition under the law and 6
against the denial and abridgement of the voting rights of members 7
of a racial, color, or language minority group, it is the public 8
policy of this state to do all of the following: 9
(a) Encourage participation in the elective franchise by all 10
eligible electors to the maximum extent. 11
(b) Ensure that eligible electors who are members of a racial, 12
color, or language minority group have an equal opportunity to 13
participate in the political processes of this state and to 14
exercise the elective franchise. 15
Sec. 3. As used in this act: 16
(a) "Alternative method of election" means a method of 17
electing candidates to the legislative body of a local government 18
other than an at-large method of election or a district-based 19
method of election and includes, but is not limited to, 20
proportional ranked-choice voting, cumulative voting, or limited 21
voting that incorporate aspects of at-large and district-based 22
methods of election. 23
(b) "At-large method of election" means a method of electing 24
candidates to the legislative body of a local government in which 25
candidates are voted on by all electors of the local government. 26
At-large method of election does not include any alternative method 27
of election. 28
(c) "Disparity" means any statistically significant variance 29
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that is supported by validated methodologies. 1
(d) "District-based method of election" means a method of 2
electing candidates to the legislative body of a local government 3
in which, for local governments divided into districts, a candidate 4
for any district is required to reside in the district and 5
candidates representing or seeking to represent the district are 6
voted on by only the electors of the district. 7
(e) "Federal voting rights act" means the federal voting 8
rights act of 1965, 52 USC 10301 to 10314, 10501 to 10508, and 9
10701 to 10702. 10
(f) "Government official" means any individual who is elected 11
or appointed to an office in this state or a local government or 12
who is authorized to act in an official capacity on behalf of this 13
state or a local government. 14
(g) "Language minority group" means that term as defined in 52 15
USC 10503. 16
(h) "Local government" means any of the following: 17
(i) A county. 18
(ii) A city. 19
(iii) A township. 20
(iv) A village. 21
(v) A public school as that term is defined in section 5 of 22
the revised school code, 1976 PA 451, MCL 380.5. 23
(vi) A public community college. 24
(vii) A district library. 25
(viii) Any other political subdivision of this state, authority, 26
or other public body corporate that has an elected governing body. 27
(i) "Protected class" means individuals who are members of a 28
racial, color, or language minority group, or 2 or more racial, 29
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color, or language minority groups, and includes any of the 1
following: 2
(i) Individuals who are members of a racial, color, or language 3
minority group that has been subject to protection under a consent 4
decree ordered by a federal court in this state in a suit alleging 5
a violation of section 2 of the federal voting rights act, 52 USC 6
10302. 7
(ii) Individuals who are members of a minimum reporting 8
category that has ever been officially recognized by the United 9
States Census Bureau. 10
(j) "Racially polarized voting" means voting in which the 11
candidate or electoral choice preferred by a protected class 12
diverges from the candidate or electoral choice preferred by other 13
electors. 14
(k) "Vote" or "voting" include any action necessary to cast a 15
ballot and make that ballot count in any election, including, but 16
not limited to, registering as an elector, applying for an absent 17
voter ballot, or any other action required by law as a prerequisite 18
to casting a ballot and having that ballot counted, canvassed, 19
certified, and included in the appropriate totals of votes cast 20
with respect to an election. 21
(l) "Voting eligible population" and "eligible electors" mean 22
those United States citizens who have attained the age of 18 years, 23
who have resided in this state for 30 days, and who meet the 24
requirements of local residence as required by law. 25
Sec. 4. Notwithstanding any other provision of law to the 26
contrary, anything required by this act to be done on a day 27
certain, if that day falls on a Saturday, Sunday, or legal holiday, 28
may be done within the same time limits on the next business day. 29
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Sec. 5. The provisions of this act must be construed liberally 1
in favor of all of the following, and the provisions of all other 2
statutes, rules and regulations, local laws, and ordinances related 3
to the right to vote may be construed in favor of all of the 4
following: 5
(a) Protecting the right to cast a ballot and make that ballot 6
effective. 7
(b) Ensuring that qualified individuals who are registered 8
electors, or who seek to be admitted as registered electors to vote 9
in an election, are not impaired in voting or registering to vote. 10
(c) Ensuring that each registered elector is not impaired in 11
voting, including, but not limited to, having the elector's vote 12
counted. 13
(d) Making the fundamental right to vote more accessible to 14
qualified electors. 15
(e) Ensuring equitable access for protected class members to 16
opportunities to be admitted as electors and to vote. 17
(f) Ensuring that protected class members have equitable 18
opportunities to elect candidates of the protected class members' 19
choice. 20
Sec. 7. (1) Subject to section 10, a local government, state 21
agency, or state or local government official shall not impose any 22
qualification for eligibility to be an elector, impose any other 23
prerequisite to voting, impose any ordinance, regulation, or other 24
law regarding the administration of elections, impose any standard, 25
practice, procedure, or policy, or take or fail to take any other 26
action, in a manner that results in, will result in, or is intended 27
to result in, either of the following: 28
(a) A disparity in voter participation, access to voting 29
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opportunities, or the equal opportunity or ability to participate 1
in the political process between a protected class and other 2
members of the electorate. 3
(b) Based on the totality of the circumstances, an impairment 4
of the equal opportunity or ability of members of a protected class 5
to participate in the political process and nominate or elect 6
candidates of the protected class members' choice. 7
(2) Except as otherwise provided in this subsection, an 8
impairment may be found to exist under subsection (1)(b) in 9
circumstances that include, but are not limited to, any of the 10
following: 11
(a) A local government closes, moves, or consolidates 1 or 12
more precincts or clerk's offices in a manner that impairs the 13
right to vote of members of a protected class or results in a 14
disparity in geographic access between a protected class and other 15
members of the electorate, unless the changes are necessary to 16
significantly further a compelling governmental interest and there 17
is no alternative that results in a smaller impairment or 18
disparity. 19
(b) A local government closes, moves, or consolidates 1 or 20
more polling places, early voting sites, or absent voter ballot 21
drop boxes in a manner that impairs the right to vote of members of 22
a protected class or results in a disparity in geographic access 23
between a protected class and other members of the electorate, 24
unless the changes are necessary to significantly further a 25
compelling governmental interest and there is no alternative that 26
results in a smaller impairment or disparity. 27
(c) A local government changes the time or date of an election 28
in a manner that impairs the right to vote of members of a 29
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protected class, including, but not limited to, making the change 1
without proper notice as required by law. 2
(d) A local government fails to utilize voting or election 3
materials in languages other than English that are provided to the 4
local government by the secretary of state, as required by state 5
law. 6
(3) Implementing a reorganization of a local government that 7
alters which electors are eligible to vote in elections for that 8
local government, including, but not limited to, an annexation, 9
incorporation, dissolution, consolidation, or division of a local 10
government, violates subsection (1) if the reorganization is 11
intended to impair or diminish the equal opportunity or ability of 12
protected class members to nominate or elect candidates of the 13
protected class members' choice, or, based on the totality of the 14
circumstances, the equal opportunity or ability of protected class 15
members to nominate or elect candidates of the protected class 16
members' choice is impaired or diminished as a result of the 17
reorganization. 18
Sec. 9. (1) Subject to section 10, a local government shall 19
not employ or impose any method of election that has the effect of 20
impairing the equal opportunity or ability of protected class 21
members to nominate or elect candidates of the protected class 22
members' choice as a result of diluting the vote of those protected 23
class members. 24
(2) A local government violates subsection (1) if both of the 25
following occur: 26
(a) Either of the following occur: 27
(i) Elections in the local government exhibit racially 28
polarized voting and the candidates or electoral choices preferred 29
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by a protected class would usually be defeated. 1
(ii) Based on the totality of the circumstances, the equal 2
opportunity or ability of protected class members to nominate or 3
elect candidates of the protected class members' choice is 4
impaired. 5
(b) One or more changes to the method of election exist that a 6
court could order under section 23 that would likely mitigate the 7
impairment of the equal opportunity or ability of protected class 8
members to nominate or elect candidates of the protected class 9
members' choice. 10
(3) To the extent that a change to the method of election is a 11
proposed district-based plan that provides protected class members 12
with 1 or more reasonably configured districts in which the 13
protected class members would have an equal opportunity or ability 14
to nominate or elect candidates of the protected class members' 15
choice, it is not necessary to show that members of a protected 16
class comprise a majority of the total population, voting age 17
population, voting eligible population, or registered voter 18
population in any district. 19
(4) In determining whether elections in a local government 20
exhibit racially polarized voting under this section, a court shall 21
adhere to all of the following guidelines: 22
(a) Statistical evidence using validated methodologies is more 23
probative than nonstatistical evidence, but nonstatistical evidence 24
may still be afforded probative value. Statistical evidence based 25
on election results, and inferences about racially polarized voting 26
from those election results, is more probative than statistical 27
evidence based on survey data, but statistical evidence based on 28
survey data may still be afforded probative value. 29
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(b) In the case of claims brought on behalf of a protected 1
class consisting of 2 or more racial, color, or language minority 2
groups that are similarly situated because those groups are 3
politically cohesive in that local government, members of those 4
racial, color, or language minority groups must be combined to 5
determine whether voting by those combined protected class members 6
is polarized from other electors. It is not necessary to 7
demonstrate that voting by members of each racial, color, or 8
language minority group is separately polarized from other 9
electors. However, empirical evidence may be introduced to show 10
that members of a protected class or 2 or more protected classes do 11
not vote in a politically cohesive manner. 12
(c) Evidence concerning the causes of, or the reasons for, the 13
occurrence of racially polarized voting is not relevant to the 14
determination of whether racially polarized voting occurs, or 15
whether candidates or electoral choices preferred by a protected 16
class would usually be defeated. In particular, evidence concerning 17
alternate explanations for racially polarized voting patterns or 18
election outcomes, including, but not limited to, partisan 19
explanations, must not be considered. However, evidence concerning 20
those factors may be introduced for purposes of considering 21
appropriate remedies or punitive damages. 22
(d) Evidence concerning whether a protected class is 23
geographically compact or concentrated must not be considered in 24
determining liability, but may be considered when determining a 25
remedy for a violation of this section. 26
(e) Evidence concerning projected changes in population or 27
demographics must not be considered in determining liability, but 28
may be considered when determining a remedy for a violation of this 29
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section. 1
Sec. 10. Sections 7 and 9 do not apply to the independent 2
citizens redistricting commission established under section 6 of 3
article IV of the state constitution of 1963. 4
Sec. 11. (1) In determining whether, based on the totality of 5
the circumstances, an impairment of the right to vote for any 6
eligible elector who is a protected class member, or of the equal 7
opportunity or ability of eligible electors who are protected class 8
members to participate in the political process and nominate or 9
elect candidates of the eligible electors' choice, has occurred 10
under section 7(1)(b) or (3) or 9(2)(a)(ii), a court may consider 11
factors that include, but are not limited to, any of the following: 12
(a) Whether members of the protected class vote at a lower 13
rate than other electors. 14
(b) The history of discrimination affecting members of the 15
protected class. 16
(c) The extent to which members of the protected class are 17
disadvantaged, or otherwise bear the effects of past public or 18
private discrimination, in any areas that may hinder the members' 19
ability to participate effectively in the political process, 20
including education, employment, health, criminal justice, housing, 21
transportation, land use, or environmental protection. 22
(d) The use of overt or subtle racial appeals by government 23
officials or in political campaigns. 24
(e) The extent to which members of the protected class have 25
been elected to office. 26
(f) The extent to which members of the protected class have 27
faced barriers with respect to accessing the ballot, receiving 28
financial support, or receiving any other support for an election. 29
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(g) The extent to which members of the protected class 1
contribute to political campaigns at lower rates. 2
(h) The extent to which candidates face hostility or barriers 3
while campaigning due to the candidate's membership in the 4
protected class. 5
(i) Any statute, ordinance, regulation, or other law regarding 6
the administration of elections, or any standard, practice, 7
procedure, or policy, that tends to impair the right to vote for 8
any protected class members, or that tends to impair the equal 9
opportunity or ability of protected class members to participate in 10
the political process and nominate or elect candidates of the 11
protected class members' choice. 12
(j) The presence of racially polarized voting. 13
(k) The lack of responsiveness by elected officials to the 14
particularized needs of protected class members or a community of 15
protected class members. 16
(l) Whether the challenged method of election, ordinance, 17
resolution, rule, policy, standard, regulation, procedure, or law 18
was designed to advance, and does materially advance, a compelling 19
state interest that is substantiated and supported by evidence. 20
(m) The extent to which protected class members suffer the 21
effects of historical housing segregation or benefit from housing 22
policies to implement fair housing goals. 23
(n) The extent to which officials have undertaken efforts to 24
remedy racial disparities that have yielded improvements for 25
protected class voters. If the efforts to remedy racial disparities 26
and any improvements are inadequate, those efforts may still be 27
considered. 28
(2) In determining whether a violation of section 7 or 9 has 29
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occurred, a court shall not consider any of the following factors: 1
(a) The total number or share of members of a protected class 2
on whom a challenged method of election, ordinance, resolution, 3
rule, policy, standard, regulation, procedure, or law does not 4
impose a material burden. However, evidence may be introduced 5
showing a challenged method of election, ordinance, resolution, 6
rule, policy, standard, regulation, procedure, or law does not 7
affect qualified electors who are protected class members more than 8
qualified electors who are not protected class members. 9
(b) The degree to which the challenged method of election, 10
ordinance, resolution, rule, policy, standard, regulation, 11
procedure, or law has a long pedigree or was in widespread use at 12
some earlier date, but this factor may be considered for 13
determining a remedy or punitive damages. 14
(c) The use of an identical or similar challenged method of 15
election, ordinance, resolution, rule, policy, standard, 16
regulation, procedure, or law in another local government, unless 17
the other local government adopted or implemented that method of 18
election, ordinance, resolution, rule, policy, standard, 19
regulation, procedure, or law to remedy a violation under this act 20
or another law, rule, or regulation affecting voting rights or to 21
enhance voting rights of a protected class. 22
(d) The availability of other forms of voting unimpacted by 23
the challenged method of election, ordinance, resolution, rule, 24
policy, standard, regulation, procedure, or law to all members of 25
the electorate, including members of the protected class. 26
(e) A prophylactic impact on potential criminal activity by 27
individual electors, if those crimes have not occurred in the local 28
government in substantial numbers, or if the connection between the 29
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challenged policy and any claimed prophylactic effect is not 1
supported by substantial evidence. 2
(f) Mere invocation of interests in voter confidence or 3
prevention of fraud. However, evidence may be introduced to show 4
the challenged practices were implemented to address actual 5
instances of voter fraud in the local government or in the vicinity 6
of the local government, that those practices were narrowly 7
tailored to prevent a recurrence of those instances of voter fraud, 8
and that, before implementing the practices, the local government 9
considered and took reasonable measures to prevent or minimize the 10
possible adverse impacts on protected classes. 11
(g) A lack of evidence concerning the intent of electors, 12
elected officials, or public officials to discriminate against 13
protected class members. However, written evidence of the intent of 14
electors, elected officials, or public officials, and any oral 15
statements of those electors, elected officials, or public 16
officials that augment the written evidence, may be introduced, 17
particularly to address whether punitive damages are appropriate or 18
in evaluating claims of discriminatory intent. 19
(3) Evidence that the court determines is not probative of the 20
adverse impact of a challenged method of election, ordinance, 21
resolution, rule, policy, standard, regulation, procedure, or law 22
may be introduced for the purpose of determining the appropriate 23
remedies, particularly to address whether punitive damages are 24
appropriate. 25
(4) A particular combination or number of factors under 26
subsection (1) is not required for a court to determine that an 27
impairment occurred. The court shall consider a particular factor 28
only if and to the extent evidence pertaining to that factor is 29
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introduced. 1
(5) To the extent a claim involves a local government, 2
evidence of the factors under subsection (1) is most probative if 3
the evidence relates to the local government in which the alleged 4
violation occurred, but still holds probative value if the evidence 5
relates to the geographic region in which that local government is 6
located or to this state. 7
Sec. 13. (1) Except as otherwise provided in subsection (6), 8
before commencing an action against a local government alleging a 9
violation of section 7 or 9, a prospective plaintiff must send by 10
certified mail a notification letter to the clerk and chief 11
administrative officer of the local government asserting that the 12
local government may be in violation of section 7 or 9. The 13
notification letter must explain in detail each alleged violation 14
of section 7 or 9 and must propose a remedy for each alleged 15
violation. Any individual aggrieved by a violation of section 7 or 16
9, any entity whose membership includes individuals aggrieved by a 17
violation of section 7 or 9, any entity whose mission would be 18
frustrated by a violation of section 7 or 9, or any entity that 19
would expend resources in order to fulfill its mission as a result 20
of a violation of section 7 or 9 may be a prospective plaintiff. 21
(2) Within 30 days after receiving a notification letter under 22
subsection (1), the clerk of the local government and the chief 23
administrative officer or chief executive officer of that local 24
government, along with legal counsel or any other individuals the 25
local government wishes to attend, may meet with the prospective 26
plaintiff or the prospective plaintiff's representatives to prepare 27
and agree on a plan to address the alleged violations of section 7 28
or 9. If the local government does not meet with the prospective 29
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plaintiff, the prospective plaintiff may seek the remedies provided 1
under subsections (4) and (6). If the local government agrees to 2
meet with the prospective plaintiff to prepare and agree on a plan 3
to address the alleged violations of section 7 or 9, the 4
prospective plaintiff or the prospective plaintiff's 5
representatives must participate in the meeting. The plan described 6
in this subsection must be in writing, be approved by a resolution 7
of the governing body of the local government, and do all of the 8
following: 9
(a) Identify each alleged violation of section 7 or 9 by the 10
local government. 11
(b) Identify a specific remedy for each alleged violation of 12
section 7 or 9 by the local government or state that the parties 13
agree no remedy is appropriate for 1 or more of the alleged 14
violations. 15
(c) Affirm the local government's intent to enact and 16
implement the remedy. 17
(d) Establish specific measures that the local government must 18
take to facilitate any needed approvals to implement each specific 19
remedy. 20
(e) Provide a schedule for the necessary approvals and the 21
implementation of each specific remedy. The schedule must provide a 22
sufficient amount of time for all needed steps to obtain 23
authorization for the remedy, including, as necessary, from a court 24
under section 23(5). 25
(3) If a prospective plaintiff and the local government agree 26
on a written plan that complies with subsection (2), and that 27
written plan is approved by a resolution of the governing body of 28
the local government, no action may be filed by the prospective 29
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plaintiff unless the local government fails to comply with the 1
requirements of the written plan. If a prospective plaintiff and 2
the local government do not agree on a written plan as described 3
under subsection (2) within 60 days after the prospective plaintiff 4
and the local government first meet under subsection (2), the 5
prospective plaintiff may seek the remedies as provided under 6
subsections (4) and (6). 7
(4) If a prospective plaintiff complies with subsections (1) 8
and (2), that prospective plaintiff may file a complaint with the 9
secretary of state as provided in this subsection or may file an 10
action as provided under subsection (6). A complaint filed with the 11
secretary of state must be in writing in a form required by the 12
secretary of state and must include the notification letter to the 13
local government as required under subsection (1). After receiving 14
a written complaint, the secretary of state shall send by certified 15
mail a written request to the local government for a written 16
response to the complaint from the local government. Within 21 days 17
after receiving the written request from the secretary of state, 18
the local government shall send by certified mail to the secretary 19
of state a detailed written response to each alleged violation of 20
section 7 or 9 and explain why the local government was unable to 21
reach an agreement with the prospective plaintiff on a plan to 22
address each alleged violation of section 7 or 9. After receiving 23
the written response from the local government, the secretary of 24
state shall investigate the complaint, including, but not limited 25
to, conferring with the prospective plaintiff and the local 26
government as considered necessary, to address the complaint with a 27
written plan as provided under subsection (2), to find that there 28
was no violation of section 7 or 9, or to make a determination that 29
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the local government is violating section 7 or 9. If the secretary 1
of state determines that the local government is violating section 2
7 or 9 and the local government will not agree to a written plan to 3
remedy each violation that is acceptable to the secretary of state, 4
the secretary of state shall make a written referral to the 5
attorney general and notify the prospective plaintiff of that 6
determination. A prospective plaintiff who files a complaint with 7
the secretary of state under this subsection shall not commence an 8
action against the local government under subsection (6) until 1 of 9
the following occurs: 10
(a) The secretary of state determines that there is no 11
violation of section 7 or 9. 12
(b) The secretary of state determines the local government is 13
violating section 7 or 9 and the local government will not agree on 14
a written plan to remedy each violation that is acceptable to the 15
secretary of state. 16
(c) Ninety days or more have elapsed since the date the 17
secretary of state received the local government's response to the 18
written complaint. 19
(5) The secretary of state may adopt rules under the 20
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 21
24.328, in accordance with state law to effectuate the purposes of 22
subsection (4). 23
(6) A party may bring an action as provided under section 21 24
for a violation of section 7 or 9 under any of the following 25
circumstances: 26
(a) The party filed a complaint as provided under subsection 27
(4) and 1 of the following occurs: 28
(i) The secretary of state determines that there is no 29
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violation of section 7 or 9. 1
(ii) The secretary of state determines that the local 2
government is violating section 7 or 9 and the local government 3
will not agree on a written plan to remedy each violation that is 4
acceptable to the secretary of state. 5
(iii) Ninety days or more have elapsed since the secretary of 6
state received the local government's response to a written 7
complaint filed under subsection (4). 8
(b) Another party has already submitted a notification letter 9
under subsection (1) alleging a substantially similar violation and 10
that party is eligible to bring an action under this subsection. 11
(c) Following the party's submission of a notification letter 12
under subsection (1), the local government failed to implement a 13
written plan as provided under subsection (2). 14
(d) The party is seeking preliminary relief with respect to an 15
upcoming election in accordance with section 27. 16
(e) The party is seeking preliminary relief with respect to an 17
action about which notice is required under section 653c(1) or (2) 18
of the Michigan election law, 1954 PA 116, MCL 168.653c. 19
(f) The party sent the notification letter as required under 20
subsection (1) and the local government did not meet or approve a 21
written plan as required under subsection (2). 22
Sec. 15. (1) The Michigan voting rights assistance fund is 23
created in the state treasury. 24
(2) The state treasurer shall deposit money and other assets 25
received from charitable contributions or from any other source in 26
the Michigan voting rights assistance fund. The state treasurer 27
shall direct the investment of money in the Michigan voting rights 28
assistance fund and credit interest and earnings from the 29
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investments to the Michigan voting rights assistance fund. 1
(3) Money in the Michigan voting rights assistance fund at the 2
close of the fiscal year remains in the fund and does not lapse to 3
the general fund. 4
(4) The department of state is the administrator of the 5
Michigan voting rights assistance fund for audits of the Michigan 6
voting rights assistance fund. 7
(5) The department of state shall expend money from the 8
Michigan voting rights assistance fund only for the purpose of 9
reimbursing prospective plaintiffs and local governments for 10
certain expenses incurred in accordance with both of the following: 11
(a) Section 17. 12
(b) Section 8 of the language assistance for elections act. 13
Sec. 17. (1) Subject to subsection (4), if, pursuant to a 14
process commenced by a notification letter under section 13 or 24, 15
a local government enacts or implements a remedy to a potential 16
violation of this act, or to a potential violation of a state or 17
federal law involving, in whole or in part, the rights of disabled 18
electors as provided under section 24, the department of state 19
shall reimburse the prospective plaintiff who sent the notification 20
letter from the Michigan voting rights assistance fund, or, if 21
there is insufficient money in the Michigan voting rights 22
assistance fund, from other money appropriated to the department of 23
state for this purpose, for the reasonable costs to generate the 24
notification letter under section 13. 25
(2) If a local government enacts or implements a remedy to a 26
potential violation of this act, or to a potential violation of a 27
state or federal law involving, in whole or in part, the rights of 28
disabled electors as provided under section 24, either in response 29
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to a notification letter received under section 13 or 24 or on its 1
own volition, the department of state shall reimburse that local 2
government from the Michigan voting rights assistance fund, or, if 3
there is insufficient money in the Michigan voting rights 4
assistance fund, from other money appropriated to the department of 5
state for this purpose, for the reasonable costs to evaluate 6
whether the remedy was necessary to prevent a potential violation 7
of this act, or to a potential violation of a state or federal law 8
involving, in whole or in part, the rights of disabled electors as 9
provided under section 24. 10
(3) The department of state shall reimburse a local government 11
from the Michigan voting rights assistance fund, or, if there is 12
insufficient money in the Michigan voting rights assistance fund, 13
from other money appropriated to the department of state for this 14
purpose, for the reasonable costs incurred to evaluate whether a 15
remedy is necessary to prevent a possible violation of this act, or 16
to a potential violation of a state or federal law involving, in 17
whole or in part, the rights of disabled electors as provided under 18
section 24. The department shall provide reimbursement under this 19
subsection only if both of the following requirements are met: 20
(a) The costs were incurred by the local government in 21
response to a notification letter received under section 13 or 24. 22
(b) The department of state determines, on request from the 23
local government, that a reasonable plaintiff, with reasonable 24
investigation before sending the notification letter, would have 25
known the allegations in the notification letter lacked legal or 26
factual merit. 27
(4) Subject to subsection (6), the amount of reimbursement 28
provided under subsection (1), (2), or (3) must not exceed 29
21
STM S01196'25_SB961_APS_1 rnsvu8
$50,000.00. This amount must be adjusted annually by an amount 1
determined by the state treasurer to reflect the cumulative annual 2
percentage increase in the United States Consumer Price Index for 3
the immediately preceding calendar year and rounded to the nearest 4
$100.00 increment. 5
(5) A request for reimbursement made by a prospective 6
plaintiff or a local government under subsection (1) or (2) must be 7
transmitted to the department of state not later than 90 days after 8
the enactment or implementation of the remedy. A request for 9
reimbursement made by a local government under subsection (3) must 10
be transmitted to the department of state not later than 90 days 11
after the local government receives a determination by the 12
department of state that the allegations in the notification letter 13
lacked legal or factual merit. The request for reimbursement must 14
be substantiated with financial documentation, including, as 15
applicable, detailed invoices for expert analysis and reasonable 16
attorney fees calculated using a lodestar methodology. The 17
department of state may deny a request for reimbursement made under 18
subsection (1) or (2) if the remedy was not necessary to prevent a 19
potential violation of this act. A prospective plaintiff or local 20
government that does not receive satisfactory reimbursement within 21
120 days after the request for reimbursement may file a declaratory 22
judgment action to obtain a clarification of rights. 23
(6) A local government may seek reimbursement only under 24
subsection (2) or (3), not subsections (2) and (3), regarding a 25
notification letter. 26
(7) As used in this section, "United States Consumer Price 27
Index" means the United States Consumer Price Index for all urban 28
consumers as defined and reported by the United States Department 29
22
STM S01196'25_SB961_APS_1 rnsvu8
of Labor, Bureau of Labor Statistics. 1
Sec. 21. (1) Any individual or entity identified in section 2
13(6) or the attorney general may file an action in the circuit 3
court of the county in which the local government is located or in 4
the court of claims to compel compliance with and seek an 5
appropriate remedy under this act. 6
(2) In an action involving a districting or redistricting 7
plan, any individual with standing to challenge any single district 8
has standing to challenge the districting or redistricting plan as 9
a whole. 10
Sec. 23. (1) In any action brought in any court under this act 11
or under the state constitution of 1963, the court has broad 12
authority to order adequate remedies that are tailored to best 13
mitigate the violation and are reasonably necessary to remedy the 14
violation. To the extent a court is choosing between various 15
potential remedies, the court may consider each of the protections 16
provided in section 5, any impact to how disruptive the remedies 17
will be to the local government's leadership, the services provided 18
within the local government, home rule, any local charter or 19
ordinances, state law, the local government's electors, and other 20
aspects of the local government's operations, and the extent to 21
which the remedy is inconsistent with any local charter or 22
ordinance or state law. Subject to subsection (5), adequate 23
remedies include, but are not limited to, any of the following: 24
(a) Drawing new or revised districting or redistricting plans. 25
The court shall specify the election at which the new or revised 26
districting or redistricting plan will take effect. If needed to 27
give effect to the new or revised districting or redistricting 28
plan, the court may shorten or lengthen terms of the current office 29
23
STM S01196'25_SB961_APS_1 rnsvu8
holders who will be affected by the new or revised districting or 1
redistricting plan. 2
(b) Adopting a different method of election, including 3
adopting a district-based method of election or alternative method 4
of election, or reasonably increasing the size of the legislative 5
body. 6
(c) Adding or changing voting days or hours. 7
(d) Adding polling places, early voting sites, or absent voter 8
ballot drop boxes. 9
(e) Eliminating staggered elections so that all members of the 10
legislative body are elected at the same time. To the extent 11
reasonably possible, in a local government where staggered terms 12
exist, a remedy under this subdivision may provide for 1 election 13
at which all officers are elected at the same time, but future 14
elections provide for staggered terms. 15
(f) Ordering a special election either on a regular election 16
date as provided under the Michigan election law, 1954 PA 116, MCL 17
168.1 to 168.992, or on another date if reasonably required to 18
remedy a violation. 19
(g) Restoring or adding individuals to a voter registration 20
list or requiring expanded opportunities for registering electors 21
and enabling those electors to vote. 22
(h) Imposing nominal or compensatory damages. 23
(i) Subject to this subdivision, imposing punitive damages in 24
the form of a civil fine. The civil fine must be deposited into the 25
Michigan voting rights assistance fund created in section 15. When 26
imposing punitive damages, the court shall take into consideration 27
the severity of the violations, the number of violations, whether 28
the defendant has previous violations, and any other factors the 29
24
STM S01196'25_SB961_APS_1 rnsvu8
court considers appropriate. If the defendant is a local 1
government, the court shall also take into consideration the number 2
of registered electors in the local government and the local 3
government's ability to pay the punitive damages. The court shall 4
provide, in any order requiring payment of punitive damages, an 5
explanation of why the payment of punitive damages was required and 6
how the court determined the amount of punitive damages to be paid. 7
The court shall impose punitive damages under this subdivision only 8
if the court finds any of the following: 9
(i) The violation is intentional. 10
(ii) If the defendant is a local government, the local 11
government or the officials in that local government demonstrated a 12
disregard for the voting rights of qualified electors within the 13
local government's jurisdiction. 14
(iii) If the defendant is a local government, when notified of 15
an alleged violation under section 13(1), the local government 16
failed to take any action required under section 13. 17
(iv) The defendant violated a court order issued under this 18
act, article II of the state constitution of 1963, or another law 19
applicable to or affecting voting rights. 20
(v) After addressing any violation of this act, article II of 21
the state constitution of 1963, or another law applicable to or 22
affecting voting rights, the defendant subsequently violated this 23
act, article II of the state constitution of 1963, or another law 24
applicable to or affecting voting rights. 25
(vi) Punitive damages are otherwise reasonably necessary to 26
ensure compliance with this act. 27
(j) Any other form of declaratory or injunctive relief that, 28
in the court's judgment, is tailored to address the violation. 29
25
STM S01196'25_SB961_APS_1 rnsvu8
(k) Retaining jurisdiction for a period of time the court 1
considers appropriate. 2
(2) Except as otherwise provided in this subsection, in any 3
action in which a court finds a violation of this act, the federal 4
voting rights act, the state constitution of 1963 concerning the 5
right to vote for protected class members, the fourteenth amendment 6
of the United States Constitution concerning the right to vote, the 7
fifteenth amendment of the United States Constitution, or any other 8
state or federal law concerning the right to vote for protected 9
class members, in addition to the remedies available under 10
subsection (1), the court may retain jurisdiction and require that, 11
for a period of up to 10 years, the local government obtain a court 12
order before enacting any voting-related policy. When considering 13
this remedy, the court shall take into consideration the severity 14
of the violation, whether the violation was intentional, the number 15
of violations, and whether the local government has any previous 16
violations. A court must retain jurisdiction for a violation 17
described in this subsection if the court finds that the violation 18
is susceptible to repetition, the remedy is susceptible to 19
circumvention, there is evidence of intentional discrimination by 20
the local government, or the local government failed to adopt broad 21
prophylactic measures that prevent any future violations. A request 22
for judicial preapproval submitted to a court under this subsection 23
may be granted only if the court concludes that the proposed 24
voting-related policy will not diminish, in relation to the status 25
quo before the enactment or implementation of the voting-related 26
policy, the equal opportunity or ability of members of a protected 27
class whose voting rights are implicated by the voting-related 28
policy and that the proposed voting-related policy is unlikely to 29
26
STM S01196'25_SB961_APS_1 rnsvu8
violate any of the provisions of this act. In any request for 1
judicial preapproval, the local government must indicate the 2
position of each party as to whether the proposed voting-related 3
policy complies with standards for judicial preapproval as 4
described in this subsection. The parties may submit a stipulated 5
order for judicial preapproval for the court's consideration. To 6
the extent a local government subject to the judicial preapproval 7
procedures under this subsection must make emergency changes to 8
locations of polling places, early voting sites, or absent voter 9
ballot drop boxes within 7 days before an election due to exigent 10
circumstances that are outside of the local government's control, 11
the local government may implement the emergency changes without 12
first obtaining judicial preapproval under this subsection, as long 13
as that local government notifies, in writing, the court and all 14
parties to the action of the emergency changes before implementing 15
those changes and explains in detail the exigent circumstances that 16
made the emergency changes necessary. Any party to the action may 17
request that the court subject emergency changes to the judicial 18
preapproval process under this subsection. To the extent a local 19
government intends to maintain any emergency changes beyond that 20
election, the local government must obtain judicial preapproval for 21
those changes as provided under this subsection. The local 22
government bears the burden of proof in a proceeding involving 23
judicial preapproval under this subsection. As used in this 24
subsection, "voting-related policy" includes, but is not limited 25
to, any of the following: 26
(a) Enacting or seeking to administer any voting qualification 27
or prerequisite to voting. 28
(b) Enacting or seeking to administer any standard, practice, 29
27
STM S01196'25_SB961_APS_1 rnsvu8
or procedure with respect to voting. 1
(3) In any action brought under this act or under article II 2
of the state constitution of 1963, the court may order a remedy 3
only if the remedy will not impair the equal opportunity or ability 4
of protected class members to participate in the political process 5
and nominate or elect the protected class members' preferred 6
candidates. 7
(4) In any action brought under this act or under article II 8
of the state constitution of 1963, the court shall consider 9
remedies proposed by any parties and interested nonparties and 10
shall not provide deference or priority to a proposed remedy 11
offered by the defendant or the local government simply because the 12
remedy has been proposed by the defendant or the local government. 13
(5) Notwithstanding subsection (1) and any other provision of 14
law to the contrary, in any action brought under this act or under 15
article II of the state constitution of 1963, the court has the 16
authority to order remedies that may be inconsistent with other 17
provisions of state or local law, when the inconsistent provisions 18
of law would otherwise preclude the court from ordering an adequate 19
remedy. 20
(6) In any action brought under this act, the court may order 21
the parties to enter mediation under MCR 2.411 at any time during 22
the proceedings. 23
Sec. 24. (1) Before commencing an action in the circuit court 24
of the county in which the local government is located seeking the 25
appointment of a monitor of compliance with the rights of disabled 26
electors for future elections conducted by that local government, 27
or for another appropriate remedy for a violation of the rights of 28
disabled electors, a prospective plaintiff must send a notification 29
28
STM S01196'25_SB961_APS_1 rnsvu8
letter to the clerk and chief administrative officer of the local 1
government asserting that the local government may be in violation 2
of a state or federal law involving, in whole or in part, the 3
rights of disabled electors. The notification letter must explain 4
in detail each alleged violation and must propose a remedy for each 5
alleged violation. A disabled elector or an organization whose 6
mission includes advocating on behalf of disabled electors may be a 7
prospective plaintiff. 8
(2) Within 30 days after receiving a notification letter under 9
subsection (1), the clerk of the local government and the chief 10
administrative officer or the chief executive officer of the local 11
government, along with legal counsel or any other individuals the 12
local government wishes to attend, may meet with the prospective 13
plaintiff and the prospective plaintiff's representatives to 14
prepare and agree on a plan to address the alleged violations. If 15
the local government does not meet with the prospective plaintiff, 16
the prospective plaintiff may immediately file an action under 17
subsection (4). The plan described in this subsection must be in 18
writing, be approved by a resolution of the governing body of the 19
local government, and do all of the following: 20
(a) Identify each alleged violation of state or federal law 21
involving, in whole or in part, the rights of disabled electors by 22
the local government. 23
(b) Identify a specific remedy for each alleged violation by 24
the local government or state that the parties agree no remedy is 25
appropriate for 1 or more of the alleged violations. 26
(c) Affirm the local government's intent to enact and 27
implement the remedy. 28
(d) Establish specific measures that the local government must 29
29
STM S01196'25_SB961_APS_1 rnsvu8
take to facilitate any needed approvals to implement each specific 1
remedy. 2
(e) Provide a schedule for the necessary approvals and the 3
implementation of each specific remedy. The schedule must provide a 4
sufficient amount of time for all needed steps to obtain 5
authorization for the remedy, including, as necessary, from a court 6
under section 23(5). 7
(f) Provide an alternate plan if any necessary amendments to a 8
state statute or local charter are not approved. 9
(3) If a prospective plaintiff and the local government agree 10
on a written plan that complies with subsection (2), and that 11
written plan is approved by a resolution of the governing body of 12
the local government, no action may be filed by the prospective 13
plaintiff unless the local government fails to comply with the 14
requirements of the written plan. If a prospective plaintiff and 15
the local government do not agree on a written plan as described 16
under subsection (2) within 60 days of the parties first meeting 17
under subsection (2), the prospective plaintiff may file an action 18
under subsection (4). 19
(4) The attorney general, or any prospective plaintiff as 20
described in subsection (1), may file an action in the circuit 21
court of the county in which the local government is located 22
seeking the appointment of a monitor for future elections conducted 23
by that local government under any of the following circumstances: 24
(a) The prospective plaintiff gave the written notification 25
required under subsection (1) and the local government did not meet 26
or approve a written plan as provided under subsection (2). 27
(b) Another party has already submitted a notification letter 28
under subsection (1) alleging a substantially similar violation and 29
30
STM S01196'25_SB961_APS_1 rnsvu8
that party is eligible to bring an action under this subsection. 1
(c) Following the party's submission of a notification letter 2
under subsection (1), the local government failed to implement a 3
written plan as provided in subsection (2). 4
(5) For an action filed under subsection (4), the court shall 5
determine if either of the following occurred: 6
(a) The local government violated a state or federal law 7
involving, in whole or in part, the rights of disabled electors and 8
that violation adversely affected the ability of 1 or more disabled 9
electors to safely, securely, and privately vote at a polling place 10
or in another manner legally available to the electors. It is an 11
affirmative defense to an alleged violation under this subsection 12
that appropriately located polling places that fully comply with 13
federal or state laws, rules, and regulations affecting the 14
accessibility of disabled electors are not reasonably available to 15
the local government despite the local government's reasonable best 16
efforts to provide those fully compliant polling places, provided 17
that the local government has implemented other measures that 18
enable disabled electors to vote in a safe, secure, and private 19
manner. 20
(b) The local government failed to fully remedy a previous 21
violation of a state or federal law involving, in whole or in part, 22
the rights of disabled electors. 23
(6) If the court determines that either of the conditions 24
provided under subsection (5) have been met, the court may order 25
the appointment of a monitor for that local government, at the 26
local government's expense, for a period of up to 10 years. When 27
considering this remedy, the court shall take into consideration 28
the severity of the violation, whether the violation was 29
31
STM S01196'25_SB961_APS_1 rnsvu8
intentional, the number of violations, and whether the local 1
government has any previous violations. A court must order a 2
monitor under this subsection if the court finds that the violation 3
is susceptible to repetition, the remedy is susceptible to 4
circumvention, there is evidence of intentional discrimination by 5
the local government, or the local government failed to adopt broad 6
prophylactic measures to prevent any future violations. If the 7
court appoints a monitor under this subsection, the monitor's 8
duties include all of the following: 9
(a) Investigating all complaints that are submitted to the 10
circuit court or to the monitor regarding the local government's 11
compliance with a state or federal law that, in whole or in part, 12
involves the rights of disabled electors. 13
(b) If the monitor determines that any complaint indicates 14
that the local government has violated or will likely violate a 15
state or federal law that, in whole or in part, involves the rights 16
of disabled electors, informing the circuit court of the violation 17
or likely violation. 18
(c) If the monitor receives a report of an alleged violation 19
within 40 days before an election, and the report indicates that a 20
disabled elector is unable to vote because of that alleged 21
violation, bringing the issue in the report to the circuit court's 22
immediate attention. 23
(d) Undertaking any investigations or inspections considered 24
reasonably necessary during the 180 days before any election 25
administered by the local government to ensure that the local 26
government is in full compliance with any state or federal law 27
involving, in whole or in part, the rights of disabled electors. 28
(e) No less than 90 days before any election administered by 29
32
STM S01196'25_SB961_APS_1 rnsvu8
the local government, producing a report to the circuit court 1
regarding the local government's compliance, anticipated 2
compliance, or lack of compliance, with any state or federal law 3
involving, in whole or in part, the rights of disabled electors. 4
(f) On election day, and during the early voting period, being 5
available to receive reports by disabled electors, or any 6
organization representing disabled electors, of any violations of a 7
state or federal law involving, in whole or in part, the rights of 8
disabled electors, and bringing any meritorious reports of 9
violations to the circuit court's immediate attention. 10
(7) If the circuit court is informed of a violation or likely 11
violation as provided under subsection (6)(b), the circuit court 12
shall do both of the following: 13
(a) Order any and all relief that is necessary to remedy the 14
violation. 15
(b) If the circuit court finds that a violation has already 16
occurred, order a penalty of $1,000.00 payable to an elector whose 17
state or federal rights were violated if that elector reported the 18
violation to the monitor. 19
(8) If the circuit court is informed of an alleged violation 20
as provided under subsection (6)(c), the circuit court shall order 21
a hearing on an emergency basis to ensure that the disabled elector 22
is not disenfranchised. This subsection does not prohibit an 23
elector from filing a separate lawsuit to enforce state or federal 24
law if the state or federal law provides that elector with a cause 25
of action. 26
(9) If the monitor's report required under subsection (6)(e) 27
indicates any concerns that the local government will not comply 28
with any state or federal law involving, in whole or in part, the 29
33
STM S01196'25_SB961_APS_1 rnsvu8
rights of disabled electors, the circuit court shall hold a hearing 1
to address those concerns and order any relief the circuit court 2
determines necessary to ensure the local government's full 3
compliance with state and federal law. The hearing and any orders 4
resulting from those hearings must occur in sufficient time before 5
the election to ensure that electors are not disenfranchised. 6
(10) If the circuit court is informed of any meritorious 7
reports of violations as provided under subsection (6)(f), and the 8
circuit court finds that a violation of state or federal law has 9
likely occurred or is likely occurring, the circuit court shall 10
issue emergency relief the same day, as necessary, to ensure that 11
the elector is not disenfranchised. 12
(11) If a circuit court orders a remedy under subsection (7), 13
(8), (9), or (10), that remedy must include, if the circuit court 14
determines that a violation of a state or federal law involving, in 15
whole or in part, the rights of disabled electors has occurred, 16
extending the term of the monitor at least through the next 17
election administered by the local government. 18
(12) A monitor appointed by a court under this section must be 19
an individual who meets all of the following requirements: 20
(a) Has extensive knowledge of and experience with the rights 21
of disabled individuals. 22
(b) Has an established history of advocating on behalf of 23
disabled individuals. 24
(c) Has significant knowledge regarding election law. 25
(13) A monitor shall bill the local government for the 26
monitor's time on an hourly basis at a rate that is customary in 27
this state for an individual with the required experience and 28
qualifications, and that is approved by the court. 29
34
STM S01196'25_SB961_APS_1 rnsvu8
(14) As used in this section: 1
(a) "Disabled elector" means an elector who has a disability 2
as that term is defined under section 103 of the persons with 3
disabilities civil rights act, 1976 PA 220, MCL 37.1103. 4
(b) "State or federal law involving, in whole or in part, the 5
rights of disabled electors" includes, but is not limited to, any 6
of the following: 7
(i) Section 726a of the Michigan election law, 1954 PA 116, MCL 8
168.726a. 9
(ii) The persons with disabilities civil rights act, 1976 PA 10
220, MCL 37.1101 to 37.1607. 11
(iii) The Americans with disabilities act of 1990, Public Law 12
101-336. 13
(iv) The federal voting rights act. 14
(v) The voting accessibility for the elderly and handicapped 15
act, 52 USC 20101 to 20107. 16
(vi) The national voter registration act of 1993, 52 USC 20501 17
to 20511. 18
(vii) The help America vote act of 2002, 52 USC 20901 to 21145. 19
Sec. 26. In any action brought under this act, the court shall 20
award reasonable attorney fees and litigation costs, including 21
expert witness fees and expenses, to a party that filed the action 22
and prevailed in the action. The party that filed the action is 23
considered to have prevailed if, as a result of the action, the 24
party against whom the action was filed has yielded some or all of 25
the relief sought in the action or the court has ordered some or 26
all of the relief sought in the action. If the party against whom 27
the action was filed prevails in the action, the court shall not 28
award that party any costs unless the court finds the action is 29
35
STM S01196'25_SB961_APS_1 rnsvu8
frivolous. 1
Sec. 27. Because of the frequency of elections, the severe 2
consequences and irreparable harm of holding elections under 3
unlawful conditions, and the expenditure to defend potentially 4
unlawful conditions that benefit incumbent officials, actions 5
brought under this act, section 4 of article II of the state 6
constitution of 1963, or any other law concerning voting rights or 7
elections are subject to expedited pretrial and trial proceedings 8
and must receive an automatic calendar preference. In any action 9
alleging a violation of this act, section 4 of article II of the 10
state constitution of 1963, or any other law concerning voting 11
rights or elections in which a plaintiff party seeks preliminary 12
relief with respect to an upcoming election, the court shall grant 13
relief if the court determines that the plaintiffs are more likely 14
than not to succeed on the merits and it is possible to implement 15
an adequate remedy before an upcoming primary or general election 16
that would resolve the alleged violation. 17
Sec. 28. The secretary of state shall provide guidance to 18
county, city, and township election officials, and to any other 19
local government officials who have obligations under this act, 20
regarding the process for implementing this act. In addition, the 21
secretary of state may provide written guidance to county, city, 22
and township election officials, and to any other local government 23
officials who have obligations under this act, concerning the 24
obligations and responsibilities of those officials under this act 25
that include, but are not limited to, those obligations and 26
responsibilities after receiving a notification letter under 27
section 13. Any county, city, or township election official, or any 28
other local government official who has an obligation under this 29
36
Final Page
STM S01196'25_SB961_APS_1 rnsvu8
act, may request guidance in writing at any time from the secretary 1
of state concerning the obligations and responsibilities under this 2
act. Any written request for guidance, and any written guidance 3
issued by the secretary of state, must be promptly posted on the 4
department of state's website. The secretary of state shall update 5
the guidance to reflect any amendments to this act, any updates to 6
voting technology or equipment, or any other changes that the 7
secretary of state determines are necessary. As used in this 8
section, "guidance" includes, but is not limited to, clarifying 9
which local government is responsible for providing the notices 10
required under sections 653c(1) and 653d(1)(a) and (c) of the 11
Michigan election law, 1954 PA 116, MCL 168.653c and 168.653d. 12
Enacting section 1. 1969 PA 161, MCL 691.1031, is repealed. 13
Enacting section 2. This act does not take effect unless all 14
of the following bills of the 103rd Legislature are enacted into 15
law: 16
(a) Senate Bill No. 962. 17
18
(b) Senate Bill No. 963. 19
20
(c) Senate Bill No. 964. 21