DETROIT — Attorney General Dana Nessel's office issued a 14-page letter to law enforcement officials last week, providing legal advice on how police are to enforce state election law in their communities.

The letter, written by Assistant Attorney General Robyn Liddel, outlines Michigan's election laws, provides a phone number for officers to call should they have questions on Election Day and informs them that Michigan State Police also are available should they need assistance.

"It is important to note," Liddel wrote, that under state election law, "county prosecutors and law enforcement agencies have a duty to investigate alleged criminal violations of the Michigan Election Law, and in appropriate cases, pursue appropriate enforcement action."

But Liddel also noted law enforcement are afforded "great discretion" in their interactions with local voters and enforcement of the law.

"In some cases, a brief conversation will be enough to ensure compliance with the laws of this state," Liddel wrote. "In other cases, removing someone from the property will suffice."

Nessel on Thursday said her office has issued a similar guidance in past election cycles, especially in light of the various changes to Michigan's voting processes since 2018.

"This guidance is critical to keep us all on the same page, observe the rights of Michiganders in every community and to maintain a safe environment at every voting location across the state,” Nessel told reporters at a Thursday press conference on the guidance.

The letter largely recaps state law related to elections, from nine days of early voting to absentee voter ballot drop box guidance to voter intimidation to rules related to firearms at polling places.

The letter notes that poll workers will be alerted through the electronic pollbook if someone voted an absentee ballot and then attempted to vote in person, a crime under Michigan election law that bars an individual from voting more than once.

"These are not specific intent crimes, and do not require a showing that the person specifically intended to vote twice," the letter said. The reminder comes after Nessel earlier this month charged seven individuals who were allegedly involved in double voting in the August primary election in St. Clair Shores. The city's mayor, Kip Walby, has criticized the charges and asked for them to be dropped.

The letter also touches on the roll of poll challengers and watchers, noting there are proper procedures and roles belonging to both that, if breached, may result in a call from the a site supervisor to police.

"They have the right to be present and to view the voting process," Liddel wrote. "They do not have the right to act disorderly."

It also reminds officers that, should they enter a polling location, they should be mindful of their body worn cameras since it is illegal for cameras to be used in certain areas so as not to violate the privacy of voters.

"Law enforcement should abide by the policies their offices have adopted with regard to BWC (body worn cameras), and care should be taken not to intentionally record a voter who is casting his or her ballot," Liddel wrote.

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