The Michigan Republican Party, alongside the Republican National Committee (RNC), has initiated legal proceedings against Jocelyn Benson, the Democratic Secretary of State of Michigan. Their lawsuit targets what they allege to be “incomplete” instructions given to election officials regarding the verification process for absentee ballots.
Launched in a state court on a Tuesday, the lawsuit seeks to restrain Benson from implementing the guidance she released in February 2024 on handling absentee ballots. Furthermore, it aims to bar her from introducing any new guidelines before the presidential election in November. According to the lawsuit, the guidance for city and township clerks on how absentee ballots should be counted must align strictly with Michigan’s laws. The lawsuit states that Benson’s proposed instructions lack crucial elements like signature verification protocols, potentially causing inconsistencies in election outcomes.
RNC Chairman Michael Whatley was quoted by Democracy Docket on Thursday saying that Benson’s directives could potentially “undermine protections for absentee voters, leading to improper handling and counting of absentee ballots.”
The lawsuit argues that the guidance document does not equip clerks with a clear understanding of their legal responsibilities. Specifically, Michigan law mandates that absentee ballot return envelopes must bear a date indicating when they were received by the city or township clerk. These envelopes should also affirm that the absent voter ballot has undergone approval for counting.
Furthermore, the law dictates that if a voter’s signature is missing or does not match the one on record, the ballot must be rejected. The clerk should then notify the voter and provide an opportunity to correct the issue.
The plaintiffs have raised concerns that some local clerks might not be adhering to the protocols for marking absentee ballot envelopes with a verification statement for the voter’s signature.
The complaint highlights a specific concern, alleging that “thousands of absent voter ballots were apparently tabulated during the August 6, 2024, primary election in Warren, Michigan, despite the complete absence of a statement by the clerk on the corresponding return envelope that the absent voter ballot is approved for tabulation.”
This lawsuit is part of a broader strategy by Republicans, who have been ramping up their litigation efforts related to elections in the lead-up to the presidential vote. It represents the 16th voting-related legal action undertaken by the RNC in recent months and is the fifth such lawsuit in Michigan. The core of the dispute is the alleged discord between Benson’s guidance and state election statutes.
The Director of Elections, Jonathan Brater, is also listed as a defendant in this legal action.
