MICHIGAN
Ballot Receipt Deadline
This is a challenge to an attempt by Secretary of State Jocelyn Benson to count ballots that arrive up to two weeks late, in violation of the law and the U.S. Constitution. Benson’s actions usurp the power of the state legislature, which has the constitutional authority to regulate the “Manner” of elections. Michigan law requires absentee ballots to arrive by 8:00pm on Election Day to be valid. More than half the states have similar laws. The two-week extension, brought about by politicized litigation, will clearly lead to the counting of ballots that are invalid under state law, harming all voters in the state. The lawsuit seeks an injunction to forbidding Secretary Benson from counting or authorizing the counting of unlawful ballots, and the restoration of the state’s lawful ballot deadline.
Voter Roll Maintenance
This is a challenge brought under the National Voter Registration Act (NVRA), alleging that Michigan is failing to properly maintain its voter rolls as required by federal law. A comparison of Michigan voter rolls with U.S. Census Bureau estimates of Michigan’s citizen voting-age population revealed counties with abnormally high voter registration rates. Rates above 90% or 100% are red flags that Michigan is not properly identifying and removing outdated
registrations. That assertion was backed up when Secretary Benson opted to mail an absentee ballot application to every registered voter, and at least 500,000 were returned undeliverable. The lawsuit seeks an order barring Secretary Benson from violating the list maintenance
provisions of the NVRA, and requiring her to implement reasonable and effective list
maintenance programs.
