The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN
FRANK J. KELLEY, ATTORNEY GENERAL
ELECTIONS:
Utilization of assistants to serve as deputies in registering electors
County, city and township clerks, following the repeal of the deputy registrar law, 1989 PA 142, remain authorized by the Michigan Election Law to appoint and to compensate assistants to serve as deputies in registering electors.
County, city and township clerks are not eligible for reimbursement under the National Voter Registration Act of 1993 for appointing and compensating assistants to serve as deputies in registering electors.
Opinion No. 6972
February 20, 1998
Honorable Ted Wallace
State Representative
The Capitol
Lansing, Michigan
You have asked two questions related to the use of election assistants under the Michigan Election Law. You first ask whether county, city and township clerks, following the repeal of the deputy registrar law, 1989 PA 142, remain authorized to appoint and to compensate assistants to serve as deputies in registering electors.
The Michigan Election Law, 1954 PA 116, MCL 168.1 et seq; MSA 6.1001 et seq, provides for election officials and prescribes their powers and duties. Section 29, which has been part of the Michigan Election Law since its enactment, authorizes local clerks to appoint and compensate election assistants.
(1) The clerk of each county, township, city, and village may appoint a number of assistants as may be necessary to carry out the general provisions of the election law. The clerk of a county, township, city, or village shall consider an application for the appointment of an assistant without regard to age, socioeconomic status, sex, race, national origin, religion, political affiliation, or any handicap the applicant may have.
(2) Assistants appointed under this section shall possess only the authority conferred upon them by the county, township, city, or village clerk appointing them, and shall perform only those duties that are assigned to them by the clerk. Before an assistant enters upon the discharge of his or her duties, the assistant shall take and subscribe to the oath of office as provided in section 1 of article XI of the state constitution of 1963, which shall be filed in the office of the county, township, city, or village clerk who appointed the assistant and shall be properly instructed by the county, township, city, or village clerk in the duties the assistant is assigned to perform. An assistant may receive compensation as may be fixed by a township board or the legislative body of a county, city, or village.
(Emphasis added.)
In 1989, the Legislature amended the Michigan Election Law by enacting the deputy registrar law, 1989 PA 142, MCL 168.499a-168.499d; MSA 6.1499(1)-6.1499(4). The deputy registrar law required clerks to appoint all qualified applicants as volunteer deputy registrars "to overcome the problem of clerks refusing to allow interested groups to engage in voter registration drives in their jurisdictions." House Legislative Analysis, HB 4160, July 27, 1989.
Under the deputy registrar law, county, city and township clerks were required to appoint all qualified volunteer applicants as deputy registrars to register electors. Section 499a(2). Clerks were required to instruct volunteer deputy registrars on how to take voter registration applications. County, township or city clerks were required to conduct deputy registrar training sessions. Section 499a(3)(c). High schools choosing to participate in voter registration were entitled to the appointment of at least one school representative as an in-school deputy registrar, without having to pay any additional compensation to such person. Section 499b. Although the law did not authorize compensation for volunteer deputy registrars (or specify reimbursement for such compensation), the state was required to reimburse county clerks for the cost of training deputy registrars. Section 499d(1).
Responding to enactment of the National Voter Registration Act of 1993 (NVRA), 42 USC 1973gg et seq, the Legislature adopted 1994 PA 441, MCL 168.500a et seq; MSA 6.1500(1) et seq, which amended the Michigan Election Law to "conform state (voter) registration law to the requirements of the NVRA (42 USC 1973gg et seq)," in order to avoid two separate registration systems for federal and state elections. House Legislative Analysis, HB 5531, January 25, 1995. As added by 1994 PA 441, the registration of electors would be taken by the clerk of the county, city or township of the applicants' residence, by the Department of State, by a designated voter registration agency, or by mail. Section 509v.
Section 3 of 1994 PA 441 expressly repealed the deputy registrar law. This action was deliberate and was intended to remove "similar but superseded provisions." House Legislative Analysis, HB 5531, January 25, 1995. Had the Legislature intended to preserve the deputy registrar program, it would not have repealed MCL 168.499a; MSA 6.1499(1). Effect must be given to the manifest intent of the Legislature. Parsons v Wayne County Circuit Judge, 37 Mich 287 (1877).
Since the deputy registrar law has now been repealed, it no longer serves to authorize county, city and township clerks to appoint, train and utilize volunteer deputy registrars to assist clerks in taking voter registrations. Section 29 of the Michigan Election Law, supra, however, continues to authorize clerks of local units of government to appoint and to compensate assistant clerks to act as deputy registrars in carrying out the election law. Therefore, the repeal of the deputy registrar law does not preclude a county, city or township clerk from appointing assistants to serve as deputies to register electors as provided in section 29 of the Michigan Election Law.
It is my opinion, therefore, in answer to your first question, that city, county and township clerks, following the repeal of the deputy registrar law, 1989 PA 142, remain authorized by the Michigan Election Law to appoint and to compensate assistants to serve as deputies in registering electors.
You next ask if county, city and township clerks are eligible for reimbursement under the National Voter Registration Act for appointing and compensating assistants to serve as deputies in registering electors.
The National Voter Registration Act of 1993, Pub. L. No. 103-31, 107 Stat. 77 (1993), 42 USC 1973gg et seq, requires the states to take certain actions to implement voter registration programs. NVRA does not, however, provide for reimbursement to the states for its implementation.
It is my opinion, therefore, in answer to your second question, that county, city and township clerks are not eligible for reimbursement under the National Voter Registration Act of 1963 for appointing and compensating assistants to serve as deputies in registering electors.
FRANK J. KELLEY
Attorney General