The coronavirus pandemic is making it nearly impossible to gather signatures for official petition drives, officials from Fair and Equal Michigan said.

The group is transitioning its plans in order to gather the nearly 341,000 signatures it needs before May 27 to get the initiative on Michigan ballots this year.

It's turning to gathering signatures electronically.

"It's our view that electronic signatures used on a petition are legally valid," said Steven Liedel, legal counsel to Fair and Equal Michigan.

Petition circulating began in January and the group already has about 150,000 signatures – just under half of what’s needed. If it makes it to the ballot and voters pass it, the change would amend the Elliott-Larsen Civil Rights Act to extend anti-discrimination protections to LGBT people.

Fair and Equal Michigan is contracting with DocuSign to gather signatures. Voters can access the petition from the group’s website, where two-factor authentication is used to cross-reference peoples’ driver’s license or state ID number with their voter file.

It only takes three minutes to sign, said Trevor Thomas, co-chairman for the campaign.

Elliott-Larsen already protects people from housing, employment and other forms of discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. This would redefine "sex" to include sexual orientation and gender identity and define "religion" to include the religious beliefs of an individual.

Postponing the effort was not an option, Thomas said. It has the best chance of passing when voter turnout is high, during a presidential election, he said.

“The steps and the momentum we have from e-signature are going to determine if LGBTQ people obtain the same rights as everyone else or if they’re going to have to keep waiting,” Thomas said. “LGBTQ people have waited 37 years since it was first introduced in the legislature in 1983.”

The group has alerted state officials of its plans and hasn't heard pushback yet, Liedel said. The state wouldn't have the ability to step in and say electronic signatures aren't OK until they have the minimum number of signatures submitted to them, he said.

"I've not had any indication that said it can't be done, from anyone in government," Liedel said.

While the group informed the state of its plans, it did not ask for permission to do so, per a statement from Michigan Department of State spokesman Jake Rollow.

“We have not yet determined if we can accept signatures collected as they propose as we have not yet conducted a full legal analysis,” Rollow said in the statement. "No signatures collected in this way have yet been provided to us.”

Liedel cites the Uniform Electronic Transactions Act of 2000 for why the petition drive can be done online. The act, adopted by Michigan and other states, says a signature can’t be denied legal effect just because it was done electronically.

Liedel hasn’t heard of any other Michigan ballot initiatives being done electronically but noted that Arizona allows political candidates to get nominating petition signatures online.

A recent executive order from Gov. Gretchen Whitmer reinforced using electronic signatures, saying they’re OK unless law specifically mandates a physical signature.

"There's no requirement that it be a manual signature," Liedel said. "(Or) that it be in ink or that a pen be used or that it be personally affixed to the petition paper."

State law does say signatures must be obtained in the presence of the circulator. The Fair and Equal Michigan form has people sign as both the voter and the circulator.

Fair and Equal Michigan started sending out petitions for people to sign by mail, once the pandemic hit Michigan. But it's only garnered 1,400 additional signatures, Thomas said – far short of the pace needed to get 340,000 names by the May 27 deadline.

A separate Michigan ballot drive – to change lobbying laws – has been suspended due to the pandemic.

PREVENTION TIPS

In addition to washing hands regularly and not touching your face, officials recommend practicing social distancing, assuming anyone may be carrying the virus.

Health officials say you should be staying at least 6 feet away from others and working from home, if possible.

Carry hand sanitizer with you, and use disinfecting wipes or disinfecting spray cleaners on frequently-touched surfaces in your home (door handles, faucets, countertops) and when you go into places like stores.

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Monday, April 13: Latest developments on coronavirus in Michigan