Michigan Overseas Voters Challenge II

An anti-voting lawsuit from Republicans challenging the constitutionality of allowing overseas U.S. citizens to vote in Michigan elections.

Background

The Republican National Committee (RNC) and the Michigan Republican Party filed a lawsuit against Michigan Secretary of State Jocelyn Benson (D) and Director of Elections Jonathan Brater in state court challenging state election law and a provision of the state’s election officials manual that extends voter eligibility to certain voters living overseas. Chapter Seven of Michigan’s Election Officials Manual extends the right to vote in Michigan elections to individuals born overseas to parents or guardians who were Michigan residents, even if the individuals themselves have never lived in the state. The plaintiffs also challenge a law permitting spouses and dependents of overseas voters to register and vote in Michigan elections despite never having resided in Michigan.

The plaintiffs argue that these provisions violate state law and the Michigan constitution, which limits the right to vote to U.S. citizens who have resided in Michigan for at least six months, with residency waivers only available to former residents overseas and solely for presidential elections. They seek a court order declaring that only current or former Michigan residents may vote in state elections, invalidating Chapter Seven of the secretary’s guidance and prohibiting the state from implementing any instructions or law allowing individuals who have never lived in Michigan to vote.

Why It Matters

This action is part of Republicans’ nationwide legal strategy to perpetuate claims of ineligible voters casting ballots in American elections. Last year, the RNC filed a nearly identical lawsuit against Michigan that was subsequently dismissed. The RNC also filed similar lawsuits against Arizona and North Carolina. 

Latest Updates

• Nov. 21, 2025: RNC filed its complaint.