Michigan Court Invalidates Secretary of State’s Guidance on Absentee Ballots
A recent ruling by a Michigan Court of Claims judge has invalidated the official guidance provided by Secretary of State Jocelyn Benson’s office regarding absentee ballots with mismatched or missing numbers on ballot stubs and mail-in envelopes.
In Michigan, mail-in ballots are equipped with detachable stubs that contain unique numbers meant to match those on the return envelopes. However, instances occur where ballots arrive at polling places with either missing or mismatched numbers.
Prior guidance from Benson’s office suggested that such ballots could be treated as “challenged ballots” and still be counted. Nevertheless, the recent court decision dictates that these ballots cannot be counted unless the voter is contacted and rectifies the issue.
Court of Claims Judge Brock Swartzle highlighted the importance of election integrity in his decision, stating, “This is a fallacy, as an election without integrity is as much a danger to a citizen’s vote as would be simply taking away the franchise.”
This legal development is part of a prolonged conflict marked by numerous lawsuits between the Democratic secretary of state and Republicans, who argue that the existing rules facilitate the casting of ballots by ineligible individuals. Benson’s spokesperson countered these claims, asserting that the challenges are aimed at disenfranchising eligible voters.
The lawsuit challenging the absentee ballot guidelines was brought forth by the Republican National Committee, the Michigan Republican Party, and a township clerk vying for the GOP secretary of state nomination.
Michigan Republican Party Chair Jim Runestad emphasized the importance of ensuring that only validly cast votes are tallied. He noted that despite Benson’s assertions that the lawsuits are frivolous, the courts have taken them seriously and ruled against her, emphasizing the need to safeguard the electoral process.
Judge Swartzle, who was nominated by the state GOP convention during an unsuccessful bid for the Michigan Supreme Court in 2020, has set a deadline of December 17 for the involved parties to propose potential solutions that would enable voters to rectify defective ballots in a timely manner for future elections.
