After Michigan’s Democrat-led legislature passed sweeping changes to Michigan elections, Michigan Secretary of State Jocelyn Benson is attempting to implement corresponding potentially “illegal” new rules before the November general election, even though the law isn’t set to go into effect until next year.
Senate Bill 603 (SB 603), which acts in part to “reorganize, consolidate, and add to the election laws,” as well as “provide for election officials and prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees,” was signed into law by Democrat Gov. Gretchen Whitmer last month.
The bill’s effective date is 91 days after the final adjournment of the 2024 regular session. Because the legislative session is still ongoing, the bill will not go into effect until well beyond the November election. Nonetheless, confident of the bill’s passage and eager to expedite implementation, Benson’s office already had a first set of rules relating to the conduct of election recounts in the can and ready for public comment before Gov. Gretchen Whitmer even signed SB 603 into law on July 8.
A mandatory hearing for comment on this set of rules — which reflect the new law’s provisions drastically limiting the opportunity for recounts, the definition of fraud, and the ability of canvassers to investigate — was set for June 17. The SB 603 rules were then also sent to Michigan’s Board of State Canvassers for approval.
The board, composed of two Republicans and two Democrats appointed by Gov.
