Michigan election officials defend CAC‑signed electronic ballot return for UOCAVA voters amid security and scope concerns

The Michigan Department of State told the Joint Committee on Administrative Rules on Thursday that rules to allow eligible uniformed and overseas voters to electronically return ballots will rely on the Department of Defense Common Access Card and meet state and DTMB security standards; lawmakers and outside witnesses raised security and scope concerns.

Erin Shore, legislative policy director with the Michigan Department of State, said Public Acts 196 and 197 of 2022 require the department to promulgate rules to permit eligible members of the uniformed services and merchant marine who are outside the United States to return voted ballots electronically beginning Sept. 1, 2025. "Beginning September 1 of 2025, eligible members of the military may choose to electronically return a voted ballot to their city or township clerk," Shore said.

Adam Fricasse, deputy director of the Bureau of Elections, told the committee the rules implement two pieces: electronic delivery of a ballot and electronic return of a voted ballot. Under the rules as presented, the electronic return requires a voter to use a Department of Defense verified electronic signature—commonly the CAC—and the clerk will verify the CAC signature on the returned ballot against the CAC signature on the voter’s application. If signatures do not match, existing signature cure procedures apply.

The department said clerks must transmit electronic ballots at least 45 days before election day in order to comply with federal law and Michigan’s constitution. Fricasse said the rules require the voter to request electronic delivery and electronic return annually and that the local clerk retains the application used to verify the CAC signature against the returned ballot.

Committee members and outside testifiers raised three categories of concern: security of electronic ballot return, the scope of eligibility language in the rules, and operational risks at the clerk level.

Verified Voting, represented by CJ Coles, told the committee it opposes electronic ballot return. "The Department of Defense actually is also on the record saying they don't advocate for nor do they endorse electronic ballot return," Coles said, and he cited federal warnings that electronic ballot return is high risk and difficult to secure. Coles urged clearer rule language requiring voters acknowledge the different privacy and security risks of electronic return and stronger, more explicit security requirements in the rule text.

Several legislators objected to rule language that says the rules "must be liberally construed in favor of voters' rights" and provisions that refer to voters who might become eligible under a "future statute or court order." Senator Runstead said that phrasing could allow expansion of eligibility beyond the narrow group the legislature intended and asked the department to revise the language to be consistent with the statute. Fricasse and other department staff said they included permissive language to allow the department to respond if a court orders an accommodation (for example, under the Americans with Disabilities Act) or if the legislature later amends the statute.

Township clerk and military spouse Shelly Lake told the committee she feared repeated references to future statute or court orders in the rules would "completely open the door" for non‑military overseas voters to use the portal and asked the department to remove that language. Lake also asked for clarification of the meaning of "authorized agents of the secretary of state," describing concerns about who would have portal access.

Lawmakers pressed the department about operational details that can create risks: clerks must print and duplicate electronically returned ballots onto tabulator‑readable paper ballots, a process that requires bipartisan teams of election inspectors and can introduce error if not performed correctly. Fricasse described the duplication process and said clerks are trained to mark originals and duplicates and use bipartisan teams to transfer marks; he said the department monitors such problems in post‑election audits and provides training follow‑up.

The Department of State said it worked with the Department of Defense Voting Assistance Program, other states that have implemented electronic return, and municipal clerks’ associations in drafting the rules. The department also said it conducted an RFP, selected a vendor and will rely on DTMB security standards rather than hardcoding specific technical requirements in rule text so it can adapt to evolving security guidance.

The committee did not take a formal vote. The department said it would take concerns back to its chief legal director and make requested information available to the committee.