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Michigan Election 2020: What you need to know about Proposal 2


FILE - In this Aug. 11, 2019, file photo, a man uses a cell phone in New Orleans. The U.S. communications regulator on Tuesday, June 9, 2020, proposed a $225 million fine, its largest ever, against two health insurance telemarketers for spamming people with 1 billion robocalls using fake phone numbers. (AP Photo/Jenny Kane, File)
FILE - In this Aug. 11, 2019, file photo, a man uses a cell phone in New Orleans. The U.S. communications regulator on Tuesday, June 9, 2020, proposed a $225 million fine, its largest ever, against two health insurance telemarketers for spamming people with 1 billion robocalls using fake phone numbers. (AP Photo/Jenny Kane, File)
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A new statewide proposal was expected to be on Michiganders' ballots on Tuesday, Nov. 3, 2020: Proposal 2.

Proposal 2 would amend the Michigan Constitution to protect electronic data and communications in the same way the law protects one's home and papers from unreasonable search and seizure.

Under Proposal 2, access to a person’s electronic data and communications would be protected from search and seizures performed by law enforcement and would require a warrant for them to be viewed.

While most Michigan law enforcement agencies consider any electronic data or communications to be private and protected from unlawful search and seizure, there is no explicit reference to that data in the state constitution.

Here’s the language you’ll find on your ballot:

State 20-2 Proposal

A proposed constitutional amendment to require a search warrant to access a person’s electronic data or electronic communications

This proposed constitutional amendment would:

  • Prohibit unreasonable searches or seizures of a person’s electronic data and electronic communications.
  • Require a search warrant to access a person’s electronic data or electronic communications, under the same conditions currently required for the government to obtain a search warrant to search a person’s house or seize a person’s things.

In an analysis by the non-partisan Citizens Research Council of Michigan, the group noted Proposal 2 attempts to remove any ambiguity about whether a private citizen’s electronic data is explicitly protected.

What a "yes" vote for Prop 2 means:

  • A “Yes” vote supports the constitutional amendment to require a search warrant to access a person’s electronic data and electronic communications.

What a "no" vote for Prop 2 means:

  • A "No” vote opposes the constitutional amendment to require a search warrant to access a person’s electronic data and electronic communications.

Find a sample of the proposal here:

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