Memorandum of Understanding — Michigan Department of State and U.S. Small Business Administration

Summary

This Memorandum of Understanding between the Michigan Department of State (MDOS) and the U.S. Small Business Administration sets out a collaboration to increase voter registration in Michigan, under section 8(b) of the Small Business Act and the National Voter Registration Act. SBA agrees to post a unique URL linking directly to the state's online voter registration page, with no personally identifiable information collected. MDOS agrees to report each week how many people completed registration through that URL and to list SBA as a voter registration partner. The MOU involves no exchange of funds, runs from signature through January 1, 2036 and can be ended on 30 days' notice. Jonathan Brater, Director of Elections, and Jennifer Kim, Associate Administrator, Office of Field Operations, signed it on March 18, 2024.

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Full text

                         MEMORANDUM OF UNDERSTANDING

                                            between the

                          MICHIGAN DEPARTMENT OF STATE
                                       and
                       U.S. SMALL BUSINESS ADMINISTRATION
                                               For
                                  Online Voter Registration

I.     INTRODUCTION

This Memorandum of Understanding (MOU) is between the Michigan Department of State
(MDOS) and the U.S. Small Business Administration (Designated Agency). MDOS and
Designated Agency are collectively referred to as the Parties.

II.    PURPOSE

The purpose of this MOU is to outline a collaboration between the Parties to increase
voter registration in the State of Michigan.

SBA enters into this MOU under the legal authority of section 8(b) of the Small Business Act, 15
U.S.C. 637(b), and pursuant to section 20506 of the National Voter Registration Act (NVRA), 52
U.S.C. 20501 et seq.


III.   EFFECTIVE DATE

This MOU is effective upon the signature of both Parties and shall run through January 1,
2036. This MOU may be terminated without cause by either party giving not less than 30
calendar days advance written notice to the other.

a.     Designated Agency may request an extension of this agreement in writing, within 30
       days’ notice provided to MDOS.
b.     MDOS retains the right to deny any extensions.
c.     If both Parties agree to an extension, this MOU will be modified, and new sign-off
       approvals will be required.

IV.    PARTIES RESPONSIBILITIES

The Parties to this MOU agree as follows:

a.     Designated Agency agrees to:
              i.  Work with MDOS to create a unique URL and post on its public facing
                  website, social media pages, and other external communications.
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                ii.  The unique URL will directly connect to the State of Michigan’s online
                     voter registration page.
                iii. No Personally Identifiable Information (PII) will be collected, stored, or
                     distributed by the Designated Agency to or from MDOS.
                iv. Clearly indicate on its website that the customer will be redirected to the
                     State of Michigan Secretary of State website.
                v. Have proper security controls in place to prevent redirect attacks and
                     similar exploits.

b.     MDOS agrees to:
            i.   Work with Designated Agency to create a unique URL
            ii. Provide Designated Agency a weekly total of persons who were driven to
                 the MDOS online voter registration site and completed the form via the
                 Designated Agency’s unique URL by each Friday, until online voter
                 registration ends on the 15th day prior to each upcoming election occurring
                 during the term of this MOU.
           iii. List Designated Agency as a partner for voter registration
           iv. Not provide PII or voter registration data to Designated Agency.

V.     Issue Resolution & Expenses

The Parties will work collectively to resolve system issues relative to this MOU. Additionally,
upon the request of either party, the parties will convene as reasonably necessary for the purpose
of resolving problems that may arise in the administration or enforcement of this MOU. The
parties will exchange documentation as reasonably necessary to identify and explain issues and
positions. Any portion of this MOU that may be subject to interpretation will be addressed at
these meetings.

Each Party to the MOU will bear its own expenses in connection with the preparation,
negotiation, and execution of the MOU, and neither Party shall be liable to the other Party for
such expenses. The MOU does not obligate and will not result in an exchange of funds,
personnel, property, services, or any kind of financial commitment. It will not result in a transfer
of resources between the Parties. Any future transfer of funds or obligation to undertake certain
work must be confirmed by an appropriate funding agreement executed by authorized officials
from the agencies that are signatories to the MOU. The MOU does not give any third party any
benefit, legal or equitable right, remedy or claim under the MOU.

VI.    NOTICES

Notices and other written communications must be addressed to the individuals below or their
successors. Parties may amend contact information by providing written notice of the change
to the other party. Notices or other written communications required or related to this MOU
must be in writing and delivered in person or by email.



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remaining provisions of this Agreement shall remain in force and effect unless otherwise noted.


XI.    AUTHORITY TO BIND

Each person signing this MOU represents that he or she is duly authorized to execute this MOU
on behalf of the responsible agency.

XII.   AUTHORIZED SIGNATURES

In witness thereof, representatives of the Parties sign their names as evidence of their approval
of this Memorandum of Understanding.


 For MDOS:
                                                               March 18, 2024
 _____________________________________                        __________________
 Jonathan Brater, Director of Elections                        Date
 Michigan Department of State

 For U.S. SMALL BUSINESS ADMINISTRATION:

 _____________________________________                        March 18, 2024
                                                              __________________
 Jennifer Kim, Associate Administrator                         Date
 Office of Field Operations
 U.S. Small Business Administration,




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