Michigan Proposal 2, Search Warrant for Electronic Data Amendment (2020)
Michigan Proposal 2 | |
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Election date November 3, 2020 | |
Topic Law enforcement | |
Status | |
Type Constitutional amendment | Origin State legislature |
Michigan Proposal 2, the Search Warrant for Electronic Data Amendment, was on the ballot in Michigan as a legislatively referred constitutional amendment on November 3, 2020. Proposal 2 was approved.
A "yes" vote supported this constitutional amendment to require a search warrant to access a person's electronic data and electronic communications. |
A "no" vote opposed this constitutional amendment to require a search warrant to access a person's electronic data and electronic communications. |
Election results
Michigan Proposal 2 |
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Result | Votes | Percentage | ||
4,472,671 | 88.75% | |||
No | 567,130 | 11.25% |
Overview
What did this ballot measure add to the Michigan Constitution?
- See also: Changes to the Michigan Constitution
Proposal 2 added language to the Michigan State Constitution that requires a search warrant to access electronic data or electronic communications. The ballot measure also stated that electronic data and electronic communications are secure from unreasonable searches and seizures.[1]
Text of measure
Ballot title
The ballot title was as follows:[2]
“ | A proposed constitutional amendment to require a search warrant in order to access a person’s electronic data or electronic communications[3] | ” |
Ballot summary
The ballot summary was as follows:[2]
“ | This proposed constitutional amendment would:
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” |
Constitutional changes
- See also: Article I, Michigan Constitution
The measure amended Section 11 of Article I of the Michigan Constitution. The following underlined text was added and struck-through text was deleted:[1]
The person, houses, papers, and possessions, and electronic data and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation. The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.[3]
Readability score
- See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state board wrote the ballot language for this measure.
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Support
Supporters
Officials
- State Senator Jim Runestad (R)
Political Parties
- Green Party of Michigan
- North Oakland Democratic Club
Organizations
Arguments
Opposition
Ballotpedia has not identified individuals and entities opposing the ballot measure. If you are aware of published opposition to the ballot measure, you may send a reference link to editor@ballotpedia.org.
Media editorials
Ballotpedia identified the following media editorial boards as taking positions on the ballot measure. If you are aware of a media editorial board position that is not listed below, please email the editorial link to editor@ballotpedia.org.
Support
Opposition
Ballotpedia had not identified media editorial boards in opposition to the ballot measure.
Background
Riley v. California (2014)
In Riley v. California (2014), a unanimous U.S. Supreme Court ruled that a warrant is necessary to search a suspect's cellphone during an arrest. Chief Justice John Roberts wrote that while a police officer can inspect the "physical aspects of a phone to ensure that it will not be used as a weapon," a police officer cannot search a phone's data without a warren. Chief Justice Roberts stated, "Modern cell phones are not just another technological convenience. With all they contain and all they may reveal, they hold for many Americans 'the privacies of life'… The fact that technology now allows an individual to carry such information in his hand does not make the information any less worthy of the protection for which the Founders fought. Our answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple—get a warrant."[4]
Constitutional amendments on Michigan ballots
In Michigan, both the state legislature and ballot initiatives can propose amendments to the state constitution. Between 1995 and 2018, the Michigan State Legislature referred nine constitutional amendments to the ballot, while voters decided 15 citizen-initiated constitutional amendments. The legislature's proposed amendments were approved at a higher rate (88.9 percent) than citizen-initiated amendments (40.0 percent). The following chart illustrates trends in constitutional amendments on the ballot in Michigan:
Constitutional amendments on the ballot in Michigan, 1995-2018 | ||||||||||
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Type | Total number | Approved | Percent approved | Defeated | Percent defeated | Even-year average | Even-year median | Even-year minimum | Even-year maximum | |
Legislative | 9 | 8 | 88.9% | 1 | 11.1% | 0.7 | 0.0 | 0 | 2 | |
Citizen | 15 | 6 | 40.0% | 9 | 60.0% | 1.3 | 1.0 | 0 | 5 | |
Total | 24 | 14 | 58.3% | 10 | 41.7% | 1.9 | 2.0 | 0 | 5 |
Path to the ballot
- See also: Amending the Michigan Constitution
In Michigan, a constitutional amendment must be passed by a two-thirds vote in each chamber of the Michigan State Legislature during one legislative session.
Sen. Jim Runestad (R-15) introduced the amendment into the legislature as Senate Joint Resolution G (SJR G) on June 12, 2019. The Michigan State Senate voted 38 to 0 to pass SJR G on June 11, 2020. At least 26 votes were needed in the Senate. The Michigan House of Representatives voted 106 to 0 to pass SJR G on June 24, 2020. At least 73 votes were needed in the House. With approval in the Senate and House, SJR G was placed on the ballot for the general election on November 3, 2020.[5]
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How to cast a vote
- See also: Voting in Michigan
Click "Show" to learn more about voter registration, identification requirements, and poll times in Michigan.
How to cast a vote in Michigan | |||||
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Poll timesIn Michigan, polls are open from 7 a.m. to 8 p.m. local time. Most of the state is observes Eastern Time, while several counties observe Central Time. An individual who is in line at the time polls close must be allowed to vote.[6] Registration
To vote in Michigan, a voter must be a United States citizen and a resident of their city or township for at least 30 days. Voters must be at least 18 years old by Election Day, and not be currently serving a sentence in jail or prison.[7] Voters may register to vote online, by mail, or in person at clerk's offices in their county, city, or township, or at a state department branch office 15 days or earlier before an election .[7] Within 14 days of an election and on Election Day, voters can register in person at their local clerk's office by presenting proof of residency documentation.[7] According to the Michigan Secretary of State's website:[7]
Automatic registrationMichigan automatically registers eligible individuals to vote when they apply for or update a driver’s license or personal identification card.[8] Online registration
Michigan has implemented an online voter registration system. Residents can register to vote by visiting this website.[8] Same-day registrationMichigan allows same-day voter registration.[8] Residency requirementsMichigan law requires 30 days of residency in the state before a person may vote.[7] Verification of citizenshipMichigan does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury. All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[9] As of January 2025, six states — Alabama, Arizona, Georgia, Kansas, Louisiana, and New Hampshire — had passed laws requiring verification of citizenship at the time of voter registration. However, only two of those states' laws were in effect, in Arizona and New Hampshire. In three states — California, Maryland, and Vermont — at least one local jurisdiction allowed noncitizens to vote in some local elections as of November 2024. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThis page, administered by the Michigan Department of State, allows residents to check their voter registration status online. Voter ID requirementsMichigan requires voters to present photo identification while voting.[10] Voters without identification can cast a regular ballot by signing an affidavit.[10] The following list of accepted ID was current as of October 2024. Click here for the Michigan Secretary of State page on accepted ID to ensure you have the most current information.
Voters can obtain a state identification card at a secretary of state branch office for $10. Voters over the age of 65, voters who are blind, and voters whose driving privileges have been terminated due to a physical or mental disability can obtain an identification card for free. Additionally, voters who can present a reason for having the fee waived may also obtain an ID for free. Visit the Michigan secretary of state’s page or call (888) SOS-MICH (767-6424) for more information.[10] |
See also
External links
Footnotes
- ↑ 1.0 1.1 Michigan legislature, "Senate Joint Resolution G," accessed June 12, 2020
- ↑ 2.0 2.1 Michigan Board of State Canvassers, "Proposal 2," accessed September 8, 2020
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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tag; name "quotedisclaimer" defined multiple times with different content Cite error: Invalid<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ Supreme Court of the United States, "Riley v. California," accessed May 17, 2017
- ↑ Michigan Legislature, "SJR G Overview," accessed June 11, 2020
- ↑ Michigan Secretary of State, "Frequently Asked Questions: Elections and Voting," accessed April 16, 2023
- ↑ 7.0 7.1 7.2 7.3 7.4 Michigan Secretary of State, "Registering to Vote," accessed October 7, 2024
- ↑ 8.0 8.1 8.2 NCSL, "State Profiles: Elections," accessed August 26, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 10.0 10.1 10.2 Michigan.gov, "Notice to Voters: Voter Identification Requirement in Effect," accessed October 7, 2024
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