State canvassers set timeline to process massive citizens' petition, address noncitizen-vote findings

The Board of State Canvassers on April 3 heard public concerns about a large citizens-only petition and separate allegations of noncitizen voting, and the Bureau of Elections told the board it will process the petition on a June timeline after finishing higher-priority candidate petitions.

"I did not come last month to speak to 37 ballots," Wayne County canvasser Lisa Capatina told the board during public comment, explaining that her earlier remarks concerned a broader set of documents and the county's letter about the Nov. 2025 Hamtramck election. Capatina said Wayne County drafted a letter and, after counsel review, submitted it to the board but that delivery delays hampered communication.

The bureau's director told the board the criminal investigation related to the Hamtramck matter is ongoing with the Monroe County Prosecutor's Office (the attorney general has recused) and that access to the contested ballots is limited by litigation. The director said the clerk involved was suspended and later terminated and that the bureau has discussed chain-of-custody and training improvements with local officials to reduce the risk of recurrence.

Public commenters also pressed the board on petition-processing speed after the citizens-only petition was reported to include roughly 725,000–752,000 signatures. "The completed petitions were submitted March 4, four months before the due date," said Jeff Schaeffer of the Michigan Fair Elections Institute, urging a firm plan and timeline so the initiative appears on the November ballot.

The director responded that the bureau will "process the petition as is our statutory responsibility," and that the board will fulfill its statutory duty to canvass statewide petitions. The bureau explained how petition workloads are sequenced: nominating and qualifying petitions for candidates (mid-to-late April) are handled first, then initiated laws and referenda, and then constitutional amendment petitions. Because the candidate-petition period requires immediate attention, the bureau said it plans to begin processing the constitutional petition in June, which it said still allows sufficient time to meet statutory deadlines absent an unexpected surge in other petitions.

Board members and public speakers sought clarity about whether the bureau had ever intended not to process the constitutional petition. The director denied any such policy and apologized for not earlier acknowledging receipt of a Wayne County letter; the board emphasized it is an operational scheduling issue rather than a political decision.

Schaeffer also asked the board to investigate reported post-election audit findings that Secretary of State Benson said showed 15 noncitizens voted in November. He urged the board to determine where those alleged illegal ballots were cast, saying localized concentrations could affect tight local outcomes. The bureau said those matters have been referred for prosecution and that disclosure of details is limited by the prosecuting authority; the attorney general's office representative on hand said criminal-division handling would dictate what can be shared publicly.

Members also discussed pending legislation to regulate out-of-state petition circulators. The board considered requiring out-of-state circulator companies to register in Michigan, keep employment records for circulators brought into the state, and produce those records when challenged. The director said clearer statutory definitions and the ability to impose company-level penalties could help enforcement but cautioned about crafting rules that would inadvertently penalize individual employees who did not participate in misconduct.

Board members debated enforcement mechanics: some favored a registration framework to give the state a contact and enforcement path for fly-by-night entities, while others stressed the ultimate responsibility lies with candidates and ballot committees to verify signatures. The board cited the Cornell West petition episode as an example where lack of registrant information hampered follow-up.

The bureau also gave a brief update on a separate matter: an ongoing confidential RFP process to select new voting equipment. Any certified equipment would be available for purchase by clerks starting in 2027, with the first practical use potentially in May 2027.

What happens next: the Bureau of Elections plans to secure the constitutional petition and begin processing it in June after completing the candidate petition workload; criminal referrals remain with prosecuting offices, which will determine disclosure. The board said it will continue engaging with the legislature on possible registration and penalty language for out-of-state circulators.