On September 30, 2020, the Michigan Court of Claims issued a preliminary injunction enjoining the enforcement of MCL 168.932(f) which required all absentee ballots to be received by the clerk by 8 p.m. on Election Day. The court order provided that an absentee...
Election Law
U.S. District Court Grants Preliminary Injunction Against Enforcement Of Michigan’s Voter Transportation Law
Judge Stephanie Davis of the U.S. District Court (Eastern District of Michigan) granted a preliminary injunction in Priorities USA, et al. v. Dana Nessel, Case No. 19-13341, preventing enforcement of the Voter Transportation Law (MCL 168.931(1)(f) for the...
Michigan Court Of Claims Rules Mail-In Ballots Postmarked Before But Received After Election Day Are Still Counted
Judge Cynthia D. Stephens of the Michigan Court of Claims issued a preliminary injunction in Michigan Alliance For Retired Americans, et al. v Jocelyn Benson, et al., Case No. 20-000108-MM on September 18, 2020 providing the following: “This court enjoins MCL...
Michigan Court Of Appeals Rules Secretary Of State May Send Unsolicited Absentee Ballot Applications Directly To Voters
On September 16, 2020, the Michigan Court of Appeals decided that it was not unlawful for the Michigan Secretary of State to send unsolicited applications for absent voter ballots directly to the address of registered voters. In Robert Davis v Secretary of...
Can You Vote More Than Once In An Election In Michigan?
On September 2, 2020, President Trump urged voters in North Carolina to vote twice, once by mail and once in person, in the 2020 presidential election to apparently test whether election officials will able to detect fraud in the voting process. “Let them send...
Can President Trump Get A “Redo” Of His First Four Years By Seeking A Third Term?
On August 17, 2020, during a campaign rally in Wisconsin, President Donald Trump stated to a crowd of supporters: “We are going to win four more years. And then after that we'll go for another four years, because they spied on my campaign. We should get a redo...
Michigan Court Of Appeals Rules Absentee Ballots Received After Election Day Are Not Counted (Even If Timely Postmarked)
On July 14, 2020, the Michigan Court of Appeals decided that absentee ballots received by the city or township clerk after Election Day will not be counted, even if the ballot was postmarked on or before the date that the polls closed. In League of Women Voters...
U.S. Supreme Court Holds States May Enforce Legal Penalties Against “Faithless Electors” In The Electoral College
On July 9, 2020, the U.S. Supreme Court ruled in Chiafalo et al. v. Washington, __ US __ (2020)(No. 19-465) that the state's electors to the Electoral College may be required follow their pledges as determined by state law. Otherwise, the state may use its...
Can Convicted Felons Vote In Michigan?
Many states have election laws that disenfranchise citizens who have past criminal convictions or have served time in prison. Unlike most jurisdictions, Michigan law does not prevent convicted felons from voting who have already served their jail or prison...
Who Can Cast An Absentee Voter Ballot In Michigan?
In November 2018, voters amended the Michigan Constitution of 1968 by passing Proposal 3 and secured the right to vote an absentee ballot without a reason. Before the passage of the constitutional amendment, voters could only acquire an absentee ballot if they...
