Memorandum of Agreement — Michigan Department of State and SBA

Issuer: Congressional materials
Document type: Memorandum of Agreement — Michigan Department of State and SBA
Date: 2024-05-23
Case: Memorandum of Agreement — Michigan Department of State and SBA

Summary

A memorandum of agreement between the Michigan Department of State and the U.S. Small Business Administration, signed March 18, 2024, under which the agency accepts designation as a Michigan voter registration agency. It cites the National Voter Registration Act, 52 U.S.C. § 20501 et seq., Michigan's 1994 statute and 1995 executive order, and section 8(b) of the Small Business Act, 15 U.S.C. 637(b). Numbered parts require the agency to appoint a Michigan coordinator, train staff, and offer registration services to people applying for or renewing services, chiefly by posting a unique URL to the state's online platform. Other parts bar staff from influencing an applicant's political preference, set data duties under NIST 800-53 revision 5, and require reporting violations within one business day. Appendix A lists the covered transactions, from online counseling to the disaster loan portal.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Full text

MEMORANDUM OF AGREEMENT
between the
MICHIGAN DEPARTMENT OF STATE
and
U.S. SMALL BUSINESS ADMINISTRATION

I. Introduction
The National Voter Registration Act (NVRA), 52 U.S.C. § 20501 et seq., requires
states to designate all offices in the state that either “provide public assistance” or
“that provide state-funded programs primarily engaged in providing services for
persons with disabilities” as voter registration agencies (VRAs). See 52 U.S.C. §
20506(a)(2). States must also designate additional, undefined state agencies as
VRAs, and states may request that Federal agencies or non-governmental agencies
accept the designation.
II. Purpose
Michigan implemented the NVRA’s VRA-designation requirements through a 1994
state statute that directed the Governor to designate VRAs. In 1995, then-Governor
Engler signed an Executive Order (EO) designating several State agencies as VRAs.
The 1995 EO also allows the Governor to designate additional VRAs through an
executive directive.
NVRA also mandates that each state designate “a [s]tate officer or employee as the
chief [s]tate election official to be responsible for the coordination of [s]tate
responsibilities” imposed by the NVRA. Michigan law makes the Secretary of State
“responsible for the coordination of the requirements imposed under . . . the
national voter registration act of 1993.” These responsibilities include
“[i]nstruct[ing] designated voter registration agencies and [local] clerks about the
voter registration procedures and requirements imposed by law.”
The purpose of this Memorandum of Agreement (MOA) is to set forth the roles and
responsibilities between the Michigan Department of State (MDOS) and the U.S.
Small Business Administration (SBA, the “Federal Agency”, or the “Agency”, acting
through its Michigan District Office, located at 477 Michigan Ave., Suite 1819,
Detroit, MI 48226), to provide voter registration services in the State of Michigan as
a designated VRA.
This MOA establishes the requirements the Federal Agency and MDOS (collectively
the “parties” agree that the Agency will meet in accepting the designation as a VRA
in the state of Michigan.

SBA Response_000008
III. Authority
SBA enters into this MOA 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 NVRA as
referenced above in Part I.

IV. VRA Coordinator
The Agency shall appoint a Michigan NVRA coordinator to oversee and manage
voter registration services for Michigan voters arising from the Agency’s
designation as a voter registration agency.
V. Training
MDOS shall provide the Agency access to training resources related to the online
Michigan Voter Information Center (MVIC). The Agency shall provide voter
registration training to all personnel conducting activities under this MOA. This
training shall include information on who is eligible to register to vote, the
interactions during which Agency staff must make voter registration services
available, instructions to Agency staff on how to refer individuals to register to vote
online using MVIC, and an overview of additional information that is available to
voters in MVIC.
VI. Transactions Requiring Voter Registration Services
The Agency must provide the voter registration services defined in Part VII of this
MOA to any eligible person when the person is:
a. Applying for the Agency’s assistance or services within the State and in
categories of agency transactions agreed to by MDOS and the Agency as
described in Appendix A. The Agency may provide additional assistance or
services at its discretion. Appendix A may be amended by written agreement
of both parties without the need to amend the entire MOA.
b. Seeking recertification or renewal of those services referenced in
subparagraph (a) above; and
c. Updating an address with the Agency, whether as part of a request for
assistance or services or as an update to contact information on file with the
Agency.

VII. Required Voter Registration Services
When acting in its capacity as a VRA, the Agency is required to take the following
actions:
a. Make available electronic voter registration application forms via unique
URL as described in part VIII;

SBA Response_000009
b. Provide one or more documents electronically that contain information
prepared by MDOS on the voter-registration process in the State;
c. Provide the same level of assistance to all applicants in completing electronic
voter registration application forms as is provided with respect to other non-
VRA services provided by the Agency (unless the applicant specifically
refuses such assistance);
d. Accept completed voter registration forms from applicants through the
unique URL described in part VIII; and
e. Transmit each completed voter registration application to the appropriate
election official within a prescribed time frame through the unique URL
described in Part VIII.
Concurrently, MDOS shall list the Agency as a VRA.

VIII. Online Voter Registration
With the Agency’s agreement, MDOS shall provide the Agency a unique uniform
resource locator (URL) which MDOS is responsible to maintain, and the Agency
may use to direct persons served by the Agency to MDOS’s online voter registration
platform. The unique URL shall directly connect to the State of Michigan’s online
voter registration page.
The Agency shall post the unique URL on its public-facing website, social media
pages, and other external communications specific to the State of Michigan.
Directing persons to the unique URL or otherwise directing persons to Michigan’s
online voter registration portal shall fulfill the Agency’s requirements to make
available, provide assistance with, accept, and transmit electronic voter registration
forms. The Agency shall indicate on its website that the user will be redirected to
the State of Michigan Secretary of State’s website.
The Agency shall have proper security controls in place for the unique URL to
prevent redirect attacks and similar exploits. No Personally-Identifiable
Information (PII) shall be collected, stored, or distributed by the Agency to or from
MDOS, and MDOS shall not provide PII to the Agency.
MDOS shall provide the Agency with metrics, including but not limited to, a
periodic total of persons who were driven to the MDOS online voter registration site
and completed the form via the unique URL. MDOS shall report these metrics
periodically as agreed to by the parties.
IX. In Person Voter Registration Information
The Agency may invite MDOS to various in-person events to allow MDOS to
register attendees to vote. Agency will provide logistical support to MDOS to

SBA Response_000010
ensure space is provided for voters to register. MDOS will obtain all voter data and
registration forms.
Aside from in-person events attended by MDOS, the Agency will not be required to
make paper voter registration forms available to applicants. If an applicant
attempts to submit a completed paper voter registration application to the Agency,
the Agency will provide to the applicant information about where the applicant can
submit a paper voter registration form. MDOS will provide the Agency with
training on how to locate the information to provide to the applicant using MVIC.
X. Prohibited Agency Conduct
The Agency and its staff are prohibited from:
a. Seeking to influence an applicant’s political preference;
b. Displaying any political preference or party allegiance;
c. Taking any action or making any statement to an applicant to discourage the
applicant from registering to vote; or
d. Taking any action or making any statement the purpose or effect of which is
to lead the applicant to believe that a decision to register or not to register
has any bearing on the availability of services or benefits offered by the
Agency.

XI. Data and Privacy
MDOS considers all non-publicly available data to be a minimal classification of
confidential with a potential moderate data impact level. MDOS accepts no
responsibility and disclaims any and all liability that may occur from the
transaction between the Agency and its clients.
The Agency’s voter registration efforts will be focused on providing opportunities for
registration through the unique URL referenced in Part VIII of this MOA.
The Agency acknowledges that it may receive confidential data as a VRA and
agrees to secure that data and its integrity in alignment with National Institute of
Standards and Technology (NIST) 800-53 revision 5 (or latest revision) moderate
security standards. The Agency further acknowledges that MDOS bears no
responsibility for the Agency’s possession of the Agency’s client data.
The Agency must:
a. Protect the data. The Agency must establish and use appropriate
administrative, technical, and physical safeguards to protect the data from
being accessed, used, disclosed, or stored in a manner other than as provided
in this MOA. Protocols must be in writing and provided to MDOS upon
request.

SBA Response_000011
i. Administrative safeguards include policies, procedures,
training, and other measures designed to carry out security
requirements. For example, appointing a security officer or
implementing an incident response plan.

ii. Physical safeguards include limitation of access to physical
areas of information systems. For example, implementing a
clean-desk policy, requiring locked file cabinets, or use of
identification cards to access certain areas.

iii. Technical safeguards include automated processes used to
protect and control access to data on information systems.
Examples include encryption, use of passwords, and data loss
prevention tools.

b. Create a security policy pertaining to the data. A security policy is a
written document describing the system in terms of categories of data
processed, users allowed access, and access rules between the users and the
data. It describes procedures to prevent unauthorized access by clearing all
protected data on storage objects before they are allocated or reallocated out
of or into each system. Further security protocols using password protection
and authentication must be provided where the computer system contains
information for more than one program, project, office, or agency so that
personnel do not have unauthorized or unlimited access. Receiving Agency
must provide MDOS with a copy of the security policy upon request.

c. Use the data only for the stated purpose. Receiving Agency will use the
data received under this MOA solely for the purposes identified in this MOA.

d. Not disclose the data except as expressly permitted in this MOA or as
required by law. Except as otherwise provided in this MOA, Receiving
Agency will not disclose the data to others.

XII. Required Reporting
If the Agency discovers any violation of this agreement, the Agency shall report it to
MDOS within one business day of the violation being identified by the Agency. The
parties will cooperate with one another to investigate, mitigate, and remedy the
incident.
All records and data will be subject to existing federal and State record retention
requirements.

SBA Response_000012
XIII. Access to MDOS Systems
This MOA does not provide the Agency with access to any State of Michigan or
MDOS systems.
XIV. Issue Resolution

The parties will work collectively to resolve issues relative to this MOA.
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 MOA. The parties will exchange
documentation as reasonably necessary to identify and explain issues and positions.
Any portion of this MOA that may be subject to interpretation will be addressed at
these meetings.

XV. 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 MOA must be in writing and delivered
in person or by email.

For MDOS: For U.S. Small Business
Administration
Jonathan Brater, Director of
Elections Laketa Henderson, District Director

With a copy for Legal Notices to:

Meghan Schaar, Associate Legal With copy for Legal Notices to:
Director
Therese R. Meers, General Counsel

SBA Response_000013
XVI. Compliance Monitoring

At least once per calendar year, the Agency and MDOS shall review the practices
and procedures outlined in this MOA to ensure compliance with the terms of the
MOA and the law. The parties will provide the results of such reviews to the other
party upon written request. The parties shall also ensure that they take
appropriate measures to ensure that information about the MOA is kept up-to-date.
The parties have designated the individuals listed below as responsible for this
section.

Main Point of Contact for MDOS- Jonathan Brater, Director of
Elections, BraterJ@michigan.gov

Main Point of Contact for SBA- Victor Parker, Deputy Associate
Administrator Office of Field Operations, victor.parker@sba.gov

The parties also recognize that this MOA is subject to compliance audits,
investigations, and reviews as provided by law.

If MDOS receives an order or other mandate requiring production of the
information provided by SBA pursuant to this MOA, MDOS will immediately notify
SBA in writing and provide SBA a reasonable opportunity to take whatever action
it deems appropriate to preserve, protect and maintain the confidentiality of such
information or any related privileges.

XVII. Publicity, Coordination and Use of Names and Logo

The Parties intend to coordinate in advance all public statements, press releases,
publicity, marketing, promotional materials, or other public information or
messaging regarding this MOA. The terms “U.S. Small Business Administration,”
“SBA,” shall only be used in a factual manner, consistent with applicable law, and
shall not promote or endorse any products or services of any entity. Any usage of
SBA’s logo must be approved, in writing, by the SBA.

XVIII. Amendments

This MOA may be amended by written agreement of the parties. If amendment to
this MOA is required to comply with federal or State laws, rules, or regulations, the
parties will promptly enter into negotiations to meet those legal requirements.

XIX. Effective Date and Term

This MOA is effective when signed by both parties. Unless terminated under Part
XX, this MOA will expire on January 1, 2036. The MOA may be renewed for 3

SBA Response_000014
additional 1-year terms by amending the MOA. Parties will meet no less than 30
days prior to the end of this term to begin renewal process.

XX. Termination

This MOA may be terminated for any reason by either party upon 30 days’ prior
written notice to the other party at the addresses listed in Part XV.

XXI. Survival

The rights, obligations, and conditions set forth in this MOA, and any right,
obligation, or condition that, by its express terms or nature and context is intended
to survive the termination or expiration of this MOA, survives any such termination
or expiration.

Nothing in this MOA is intended to conflict with applicable law(s), regulation(s), or
the directives of SBA. If a provision in this MOA is found to be inconsistent with
such authority, then that provision shall be reviewed and modified or annulled as
agreed to by the Agency and MDOS in writing, but the remaining provisions of this
MOA shall remain in force and effect unless otherwise noted.

XXII. Entire Agreement

This MOA replaces and supersedes all prior agreements between the parties
relating to the subject matter of this MOA.

XXIII. Execution

This MOA may be executed in counterparts, each of which is deemed to be an
original, and all of which taken together constitutes one and the same instrument.
The signature of any party transmitted by email is binding.

XXIV. Successors; Assignment

This MOA inures to the benefit of and is binding upon the parties, their respective
successors-in-interest by way of reorganization, operation of law, or otherwise, and
their permitted assigns. Neither party may assign this MOA to any other party
without the prior approval of the other party.

XXV. No Third-Party Beneficiaries

This MOA does not confer any rights or remedies upon any person or entity other
than the parties and their respective successors-in-interest by way of
reorganization, operation of law, or otherwise, and their permitted assigns.

SBA Response_000015
XXVI. Authority to Bind

Each person signing this MOA represents that he or she is duly authorized to
execute this MOA on behalf of MDOS or the Agency.

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

For MDOS:

_____________________________________ MMarch 18,
h 2024
_________________
a r c
Jonathan Brater, Director of Elections Date
Michigan Department of State

For U.S. SMALL BUSINESS ADMINISTRATION:

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

SBA Response_000016
APPENDIX A
Memorandum of Agreement between the Michigan Department of State and the U.S. Small
Business Administration re: National Voter Registration Act

This appendix describes the transactions which the Michigan Department of State (MDOS) and
the U.S. Small Business Administration (SBA or "Agency") agree that the Agency will provide
electronic voter registration services under Part VII of the MOA and the Agency regarding the
National Voter Registration Act.

General
• Provide on-line general assistance to start, grow, or expand a business
• Provide on-line business counseling or a referral to a business counselor

Lending Products
• Provide on-line information about funding opportunities, including SBA guaranteed loans
and microloans
• On-line application portal for economic injury disaster loans and microloans

Business and Contracting Support
• Provide on-line information about 8(a) business development assistance for government
contracting, including certifications
• Provide virtual assistance to businesses within their portfolios seeking contracts with the
Federal Government

Economic Development
• Provide on-line information and virtual assistance to small businesses seeking training
and counseling assistance
• Provide on-line information about SBA resource partners

Outreach and Marketing
• Promote programs and help connect entrepreneurs on SBA website
• Advertise SBA events

SBA Response_000017

File and source

File: 406005_2024-05-23_chairman-williams-senator-ernst-issue-statements-o_att1.pdf
Size: 1,087,235 bytes
SHA-256: 22083dfa51299e57d351ab7dd110864fdb3db11ed061015f887609a4d2a1340a
Our copy: 406005_2024-05-23_chairman-williams-senator-ernst-issue-statements-o_att1.pdf
Original: No public link identified.

Memorandum of Agreement — Michigan Department of State and SBA

Summary

Full text

File and source

Related records