November 4, 2019

The Honorable Sheldon A. Neeley

2305 Begole Street
Flint, MI 48504
By E-Mail

Dear Representative Neeley:

Thank you for your October 30, 2019 letter sharing your concerns about the November 5, 2019
election in Flint referencing allegations of “absentee ballots being in the possession of
unauthorized persons.”

As you know, I have a longstanding commitment to ensuring the voting rights of every citizen
are protected and that our elections are secure. My office and our Bureau of Elections are
dedicated to furthering those goals and ensuring that every voter in every election has confidence
that the outcome is an accurate reflection of the will of the people.

The November 5th, 2019 Election in Flint is being conducted by the Flint city clerk as provided
in MCL 117.3 and Section 3-403 of the Flint City Charter. The Department of State has had
several discussions with the Flint city clerk regarding Michigan Election Law requirements
regarding the handling of absentee ballots. Specifically, we have discussed Michigan Election
Law provisions requiring that the clerk’s office verify the validity of voter signatures on both
absent voter ballot applications, MCL 168.761, and absent voter ballot envelopes, MCL 168.766.
Signatures are used in Michigan, and states throughout the country, to verify the identity of
voters requesting and returning absent voter ballots.

My office has the authority to exercise supervisory control over the Flint city clerk, if necessary,
to issue instructions or to advise and direct the clerk as to the proper methods of conducting
elections. See MCL 168.1 et seq., MCL 168.31(1)(a), (b). However, my office has not received
any specific or formal complaint that the Flint city clerk is failing to enforce the requirements of
MCL 168.761, MCL168.766, or other laws pertaining to proper conduct of elections as relates to
the processing of absent voter ballot applications or absent voter ballots. In this regard, if you
have any specific information or evidence suggesting that exercising supervisory control would
be necessary to ensure proper application of these requirements, please provide that complaint in
writing to elections@michigan.gov.

Your assertions of “absentee ballots being in the possession of unauthorized persons” may
involve allegations of criminal activity. MCL 168.759 prohibits soliciting to return an absent
voter ballot; MCL 169.761 limits the individuals who can be in possession of another
individual’s voted absentee ballot.
RICHARD H. AUSTIN BUILDING  4TH FLOOR  430 W. ALLEGAN  LANSING, MICHIGAN 48918
Michigan.gov/SOS  517-241-3463
Hon. Sheldon A. Neeley
November 4, 2019
Page Two

Neither the Flint city clerk nor the Michigan Department of State has authority to enforce
criminal laws. As my office has previously informed you, upon receipt of allegations of criminal
activity, the Department of State advises individuals to refer specific, written allegations along
with any evidence, to law enforcement officials. If the Department of State receives allegations
of criminal activity in writing, it refers these allegations to law enforcement officials. Any public
statements regarding criminal investigations would be made by law enforcement officials.

In your letter, you express concerns that Genesee County law enforcement officials will not
adequately investigate allegations of criminal activity. You have previously reported that you
referred allegations of criminal activity to the Michigan Attorney General and United States
Attorney’s office.1 If you believe there are criminal law enforcement agencies to whom these
allegations have not yet been referred, you should refer them, in writing, to those agencies.

Please note that if you have specific evidence to demonstrate misconduct with regard to absentee
ballots, there are legal avenues available to review these processes. For example, pursuant to
MCL 168.760, all AV ballot applications are subject to public inspection, and pursuant to MCL
168.733, properly appointed challengers may challenge an absentee ballot if they believe it has
been submitted by a person who is not qualified to vote in the appropriate precinct.2 Election
officials will consider all challenges to allegedly invalid votes as required by law while ensuring
that all valid votes from eligible voters are counted.

Please contact Sally Williams, the director of our Bureau of Elections, if you have additional
concerns and specific information, either about the conduct of the November 5, 2019 election or
about allegations of criminal activity that have not been reported to law enforcement.

I plan to visit polling locations in Flint and other municipalities during voting hours on Tuesday,
November 5, 2019. If you have further specific concerns, you should feel free to discuss them
with me in addition to submitting them to the Bureau of Elections or law enforcement as
appropriate.

Sincerely,

Jocelyn Benson
Michigan Secretary of State

1
https://www.mlive.com/news/2019/10/flint-resident-alleges-voter-fraud-by-supporters-of-mayor-karen-
weaver.html.
2
https://www.michigan.gov/documents/SOS_ED_2_CHALLENGERS_77017_7.pdf.