Republican National Committee Files Lawsuit Against Michigan’s Overseas Voter Guidance
A recent lawsuit filed by the Republican National Committee (RNC) has brought Michigan’s guidance for overseas voters under scrutiny. The lawsuit specifically targets a state law that allows spouses and dependents of Michigan voters living abroad to vote absentee, even if they have never resided in Michigan themselves.
The RNC argues that this provision violates clauses in the Michigan Constitution that mandate voters to have “resided” in the state for at least six months. According to the RNC, Michigan Secretary of State Jocelyn Benson’s guidance on overseas voting goes beyond her legal authority in interpreting the law.
Michigan Republican Party Chair Jim Runestad stated, “Secretary of State Jocelyn Benson’s guidance violates the Michigan Constitution by allowing people who have never resided in this state to register to vote in Michigan elections.”
This lawsuit is not the first legal challenge to Michigan’s overseas voting policies. A similar suit was filed by the Michigan GOP in October 2024, focusing on Benson’s guidance rather than the law itself. However, both the Michigan Court of Claims and the state Court of Appeals dismissed the case, citing its timing too close to the general election.
In her dismissal of the lawsuit, Court of Claims Judge Sima Patel addressed the merits of the case, noting that federal courts have historically overturned time-based residency requirements similar to Michigan’s. Patel argued that concerns about the state law conflicting with the state constitution’s residency requirement may not be valid.
While Patel’s opinion did not touch upon a section of the state constitution regarding residency requirements for presidential and vice-presidential elections, the RNC lawsuit does raise this issue. The Michigan Department of State has not issued a comment in response to the lawsuit.
