Michigan Absentee Ballot Processing Guidance Challenge

Lawsuit filed by the Republican National Committee (RNC) and Michigan Republican Party (MI GOP) against Michigan Secretary of State Jocelyn Benson (D) and Michigan Director of Elections Jonathan Brater challenging the secretary of state’s guidance to election clerks for verifying absentee ballots. Under state law, local election clerks are required to both mark the date they received an absentee ballot and sign a statement that the ballot is ready to be counted once they have verified the voter’s signature. The plaintiffs allege that the secretary of state’s published guidance allows local clerks to accept an absentee ballot without signing the statement verifying that it is ready for counting. They argue this guidance violates the state constitution and state election law. They ask the court to require the secretary of state to issue new guidance directing all local clerks to mark the date they receive an absentee ballot and sign a statement verifying every absentee ballot they receive is ready for counting.  

RESULT: On Sept. 27, the parties reached a settlement that ended litigation. Benson updated the state’s guidance, which now requires that clerks indicate that they have verified a voter’s signature by signing their own initials.

Last updated: September 27, 2024 4:58 pm EST