Michigan: Protections Against Intimidation of Voters and Election Workers

Voters in Michigan have the right to vote free from intimidation under federal and state law.footnote1_pvOzKNaKQpUj6psp-rW7lBfwaQ45yeHB0vtxNPWdg4U_o3EDvU5hIVXh1 See, e.g., 18 U.S.C. §§ 594, 241; 52 U.S.C. § 10101(b); Mich. Comp. Laws § 168.932(a), (d). Federal law broadly prohibits intimidation, threats, or coercion throughout every stage of the election process;footnote1_QY2dUiYlF4pPLu3rzJo7Dn6zjiQ5N6UWuUWFNXebnLM_aoCoeRg6egUU1 See U.S. Department of Justice, Voting Rights Fact Sheet (Sept. 2024), https://www.justice.gov/crt/media/1366636/dl (summarizing federal laws that protect against intimidation). more information on the federal protections that apply to all states can be found here. In addition, the following actions are specifically prohibited by Michigan law:

• Attempting to directly or indirectly influence another person’s vote or deter or interrupt them from voting.footnote2_qMyq1nIOd2iEppkkRoyT-TROqPeSdRAfsJoVn9P1xGQ_crp1UUaGuLKG2 Mich. Comp. Laws § 168.932(a).
• Obstructing or attempting to obstruct another person from voting.footnote3_AiBck8ExkgULg4xcc36KxWEAWPINg5st3KnSM1mAZJs_zYRIvjUNLOvg3 Mich. Comp. Laws § 168.932(d).
• Challenging a voter’s qualifications “for the purpose of annoying or delaying” the voter.footnote4_2Ht-J7kkoKApNVzQXkkOtd7xcdrtYrfbbhqlC-CdQg_wvImFBnNZ6ao4 Mich. Comp. Laws § 168.727(3).  

The below addresses the laws that serve as guardrails against specific threats of intimidation.

Voter Challenges

Michigan permits any registered voter or person appointed by a political party or other qualified organization to observe the electoral process to challenge another voter’s eligibility.footnote5_rW1msYYxljCDiokpw8kgir0jJsmf1HHI1SLxO-F8urU_sBN3zWYrAiXN5 Michigan Bureau of Elections, Election Officials’ Manual, Ch. 11: Election Day, February 2024, 24, https://www.michigan.gov/sos/-/media/Project/Websites/sos/01mcalpine/XI_Election_Day_Issues.pdf?rev=55e142f250fe4e76a801c0af77baf0f8&hash=0DEA5AD70BF0A0E5C40A06E4DC088C5F. However, state law also provides for some guardrails:

• Michigan law limits the grounds upon which a voter may be challenged.footnote6_mK33Ljj9PSmCHrfqmJDmUElmdqPMf95NwwV79TYWMes_wX2clQUgRAN36 Michigan Bureau of Elections, Election Officials’ Manual, 28­­­–31.
• Challenges cannot be made “indiscriminately,” “without good cause,” or “for the purpose of annoying or delaying voters.”footnote7_8zFu20kNNj8koNY0YkCIF0VCwmhCaPirkmee2A4VwMk_hIrRGUUSYWFv7 Mich. Comp. Laws § 168.727(1), (3).
• Challenges cannot be made to intimidate or deter voters from or interfere with the exercise of their right to vote.footnote8_9Pux67s8llmDE3Mus0x4-bqu9SqeW63BLfjf68K78_qkhZpw6uHS7j8 Mich. Comp. Laws § 168.932(a), (d); see alsoMich. Bureau of Elections, Election Officials’ Manual, 28–29 (“The challenger must make the challenge in a discrete manner not intended to embarrass the challenged voter, intimidate other voters, or otherwise disrupt the election process.”).
• Challenges must be based on knowledge or “good reason to suspect” that a voter is not registered or qualified to vote.footnote9_AE1OeURpolnfUEVum7CbiTRrKxe9u0mpKHJn6UtSkk_y3yIFZvaw4Vs9 Mich. Comp. Laws § 168.727(1).
• Challenges must be directed to the challenger liaison or the challenge liaison’s designee before the voter is issued a ballot.footnote10_S0JeDs3n-ke9Ttx6VNwmDxSX19uFqaEvM3EDpL22o_huH3u7bD1vRn10 Michigan Bureau of Elections, Election Officials’ Manual, 32 (emphasis added).
• If an individual disrupts the voting process while making a challenge, poll workers may contact election officials or law enforcement to eject the disruptor from the polling place.footnote11_rY-5YrzANdL1z8lPlrQxtMadzVYqFHKW8AgOEtOPHig_p3XVcHgLqE5u11 Michigan Bureau of Elections, Election Officials’ Manual, 34.
• Even when challenged, a voter may continue to vote as long as they answer questions regarding their qualifications as a voter and submit to an oath administered by a poll worker.footnote12_i1sTHZWv9yaBDv-T1DxvIkvjJ2Moxa56RqMOAHFanU_hBhO5mhVMheJ12 Mich. Comp. Laws § 168.729; Michigan Bureau of Elections, Election Officials’ Manual, 29. If the voter’s answers show that they are a qualified voter in that precinct, the voter is entitled to receive a ballot and vote.footnote13_m1T0qNYg9DGaAn5HqRBKAuDeXSr6BiJJZ80zUvFsQ_ojECga9fANpj13 Mich. Comp. Laws § 168.729. Poll workers are required to make a written report regarding the challenge.footnote14_yVC-2JrxajHZPE2sF5fSw28jpTqswghjv8dxAInGQ_vHDNAjXBUkR114 Mich. Comp. Laws § 168.727(2)(b).

The National Voter Registration Act (NVRA) provides additional safeguards to protect voters from mass challenges before an election:

• The NVRA expressly recognizes that National Change of Address information is not sufficient on its own to serve as the basis for canceling a voter’s registration.footnote15_PLl6vSUctQ9PTGM3shI44UyFWwX0znRa3QTtakW9uDg_dMq5cwWJ1Tm815 52 U.S.C. § 20507(c)(1)(B).
• The NVRA prohibits the systematic removal of voters from the rolls within 90 days of a federal election.footnote16_gMU4pKaaGGtR0djXke9owYAHAATVZbmZt7GBXP2Bc7Y_tfn7BLEhKLPu16 52 U.S.C. § 20507(c)(2)(A).

The Brennan Center and All Voting Is Local published a detailed resource on the limits on voter eligibility challenges in Michigan here.

Intimidation of Poll Workers and Election Officials

In addition to federal protections against the intimidation of election workers, it is a felony in Michigan to knowingly and willfully obstruct a public officer who is acting in the performance of their duties.footnote17_K4uTFd7V2G6WVLvKZI084mNu2BNCG4x7llanPE48ItI_pSMYpHRTFvsh17 Mich. Comp. Laws § 750.479. Additionally, it is a crime to intimidate an election official because of the person’s status as an election official, with the intent to interfere with the performance of that person’s election-related duties.footnote18_8MlNUSAlyY2TSTgKBco-KEXfSYax5jsvlDc1jlm2YBs_vMFT3ZNz6pNQ18 Mich. Comp. Laws § 168.931b.

Voter Intimidation by Poll Workers

The Brennan Center and All Voting is Local published a detailed resource on the rules and constraints for Michigan poll workers here.

Intimidation by Poll Watchers

Michigan permits both “poll watchers” and credentialed “challengers” to observe the conduct of elections. Anyone, other than a candidate for elective office being voted on in the election, can serve as a poll watcher in Michigan.footnote19_6maWAojTUsFdC8RwS7qumRneqh4NIZaP5CTekdkJzaA_btyAp5uPiVBC19 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, March 2024, 23, https://www.michigan.gov/sos/-/media/Project/Websites/sos/01vanderroest/SOS_ED_2_CHALLENGERS.pdf?rev=35366ca14b9e45798a3887dea7efa615&hash=61B5E3CB1FE16FA9BB5C67FC4582EB95. Challengers must be registered to vote in Michigan, a noncandidate, and not a poll worker.footnote20_z5gYhbgZrSzpDDjAVqI3aQQ9C8xrKsZrbaCHjb6BxBI_sGqjAQiDisXo20 Mich. Comp. Laws § 168.730(2). In addition to Michigan’s voter intimidation laws detailed above, state law limits the conduct of these observers:

• Challengers must be designated by a political party, incorporated organization, or organized committee of citizens.footnote21_XQ4sIY1VJPnJWSWa30Ls8QswuD-LHfI7AgHI3gCaKgI_mKOf6dKIwiN621 Mich. Comp. Laws § 168.730(1). These entities can designate no more than two challengers per precinct and no more than one per counting board.footnote22_XQ4sIY1VJPnJWSWa30Ls8QswuD-LHfI7AgHI3gCaKgI_jmVW0ewVYzAA22 Mich. Comp. Laws § 168.730(1).
• Challengers must carry the Michigan Challenger Credential Card signed by their appointing political party, group, or organization.footnote23_VJCT5w3vt94x6x2BVk1RMmkNYQlGSrCNF2A5GJNi0_bC69NWal9fEd23 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 2, 6.
• Challengers wishing to serve at an absent voter ballot processing facility are required to take and sign a written oath to keep confidential information regarding any ballots or the tabulation of votes until the polls are closed.footnote24_Y8Vx-wyQzUQkMzLVVilJnCFpTsGdMAHAXX1D5Ghnmc_qRI7DrVycCcK24 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers,8–9.
• Poll watchers are subject to the same restrictions as challengers.footnote25_z4SwkWDXpMrJXJjpRP2Hck7aJUJ7rF9mWWGoCYVD84Q_drKJ3vwN9rnM25 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 24.
• Poll watchers must remain in a “Public Viewing Area” designated by election workers and may not issue challenges or handle pollbooks or other election equipment or materials.footnote26_Rj3IbU9cof2LpwDnaV1YVD5E1m-fUbLzQZ1D8aDW1s_eWCIPXQldCW526 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers,23–24.
• Challengers and poll watchers are forbidden from approaching voters or talking to voters directly for any reason.footnote27_IJrDfvlnE52BKRhumiaLb3AZGtjZYPO0JHo0S7dXTBs_xmIsmy5tj0hp27 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 21.
• Challengers and poll watchers are forbidden from threatening or intimidating voters or poll workers at any stage of the voting process.footnote28_qevv0goHjS6VmPXgkXwMKLnvRZs8P3XxJ0taoDyo_bxegT6ZrEeEV28 Mich. Comp. Laws § 168.733(4); Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 21.
• Challengers and poll watchers are forbidden from interfering with or unduly delaying the work of poll workers.footnote29_mTpJK9tPwm6R58XYa-w3N9Pcl6DMucpyCTZyUIE84c_kkVRfSWg3pOk29 Mich. Comp. Laws § 168.727(3).
• Challengers and poll watchers are forbidden from providing or offering to provide assistance to voters.footnote30_IJrDfvlnE52BKRhumiaLb3AZGtjZYPO0JHo0S7dXTBs_fm41S2iyB9hL30 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 21.
• Challengers and poll watchers are barred from wearing clothing or other apparel advocating for or against the election of a candidate or the passage or defeat of a ballot measure.footnote31_IJrDfvlnE52BKRhumiaLb3AZGtjZYPO0JHo0S7dXTBs_iyNs4fUiNGzx31 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 21.
• Poll workers may remove from a polling place any poll watcher or challenger who abuses their role.footnote32_b0yJvkqlilNemyIGUhKg3qwFg5TlhLFKXVIwQIzaT40_eKyt31sMBhBG32 Michigan Bureau of Elections, The Appointment, Rights and Duties of Election Challengers and Poll Watchers, 21–22; see also Mich. Comp. Laws § 168.678.

The Brennan Center and All Voting Is Local published a detailed resource on the rules and constraints on Michigan poll watchers here.

State and Local Law Enforcement

Election inspectors may contact law enforcement in “extreme cases,” such as when an inspector or voter has a reasonable fear of physical harm, to remove any person who disrupts the peace, regularity, and order at the polling place.footnote33_ApSXynUAktP4Y8LL3khMtB6rfd8HEHtvQYzvBKRiRbQ_qLU6t0f235Hu33 Michigan Bureau of Elections, Election Officials’ Manual, 2. Law enforcement officers are required to enforce lawful directives issued by election officials.footnote34_ApSXynUAktP4Y8LL3khMtB6rfd8HEHtvQYzvBKRiRbQ_uEsLt4sYIYl934 Michigan Bureau of Elections, Election Officials’ Manual, 2.

Guns at Polling Places

Michigan law prohibits firearms in certain buildings often used as polling places, such as places of worship, and stadiums and arenas.footnote35_ExBO7VtJmCTAAijCpSbnWo4bvz5R0ZsPZHoi1B52S4_oPSpvgOsDcAT35 Mich. Comp. Laws §§ 28.425o(1)(a)–(c), (e), 750.234d(1).

Even at locations where firearms are not expressly prohibited, firearm carry may constitute unlawful intimidation. Such conduct may consist of carrying a visible firearm at or near a polling location, drop box, or vote-counting site; displaying a concealed firearm during a discussion or argument with a voter or election worker; or approaching a voter or election worker while displaying a firearm.

Door-to-Door Intimidation

Michigan and federal law prohibit canvassing efforts that are used to intimidate voters.footnote36_qqxRAGgvLiO00hnfrIvIDMkryDnUow5BPNeFytiCwkg_rLup0deYiB4w36 18 U.S.C. §§ 594, 241; Mich. Comp. Laws § 168.932(a). Any voter who receives a visit from a privately organized canvassing group does not have to answer any questions and should report any incidents of intimidation to their local officials. Additionally, it is illegal in Michigan to falsely represent oneself as a public officer or employee.footnote37_OsTWrTsI5WOMMZhfXInVLXSpKfTwk70fkrpTbvXeRdc_m5NR0moWEsTq37 Mich. Comp. Laws § 750.217c.