State of Michigan

Michigan Overseas Voters Challenge

Michigan Republican Party v. Benson

Lawsuit filed by the Republican National Committee (RNC), Michigan Republican Party and the Chesterfield Township clerk against Michigan Secretary of State Jocelyn Benson (D) and Michigan Director of Elections Jonathan Brater challenging a provision of the state’s Election Officials Manual that extends voter eligibility to certain voters living overseas. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) is a federal law that grants some U.S. citizens living overseas the right to vote. Chapter Seven of Michigan’s Elections 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 argue that this provision violates the state constitution, which grants the right to vote in Michigan elections only to U.S. citizens who have resided in the state for at least six months. They ask the court to void this provision of the Election Officials Manual, block the secretary of state from accepting any voter registration forms from overseas voters who cannot provide proof of Michigan residency and reject or separate any ballots already cast by these voters.

STAUTS: On Oct. 21, 2024, the court granted the defendants’ motion for summary judgment, ensuring overseas voters will be allowed to vote in Michigan. On Oct. 23, the RNC appealed the ruling to the Michigan Court of Appeals.

Case Documents (trial Court)

Case Documents (Court of appeals)

Last updated: