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...
Election Law
Can President Trump Postpone The 2020 Election Due To COVID-19?
On March 11, 2020, the World Health Organization declared that the COVID-19 outbreak was officially a pandemic as rates of infection rose significantly is the U.S. and across the world. On March 13, 2020, President Donald Trump declared a national emergency in...
If President Trump Is Removed From Office, Can He Run For Reelection?
The historic impeachment trial of only the third President in the history of the United States is drawing to a close. Donald J. Trump was impeached by a majority of House of Representatives on December 18th, 2019 on charges of abuse of power and obstruction of...
Michigan Voters Permitted To Take Photograph Of Ballot, But Not Other Voters, At Polling Place
In 2012, Joel Crookston, a voter in Kalamazoo County, took a cell phone photograph of his ballot and posted it on social media. Although his ballot was not challenged by election officials, he learned later after speaking to a lawyer that taking the photograph was...
New Voter Registration Deadlines In Effect For Election Day In Michigan
On November 6th, 2018, Michigan voters approved Proposal 18-3 which ushered in sweeping changes to this state's election law. Effective December 22nd, 2018, the Michigan Constitution was amended to not only make several easier ways to complete voter registration, but...
Michigan Supreme Court Rules Candidate Not Barred From Seeking Elective Office Despite Felony Conviction During Tribal Public Service
On July 8th, 2019, the Michigan Supreme Court released its opinion in Paquin v City of St Ignace, ___ Mich ___ (2019)(Docket No. 156823) holding that a political candidate is not barred from seeking elective office in Michigan by the state constitution even if that...
U.S. Supreme Court Holds Federal Judiciary Cannot Pass Judgment On Partisan Gerrymandering
On June 27th, 2019, the U.S. Supreme Court released its opinion in Rucho et al. v. Common Cause et. al., ___ U.S. ___ (2019) holding that the federal courts do not have the power to set a constitutional standard for partisan gerrymandering claims. In a sharply divided...
Michigan Court of Appeals Reverses Trial Judge’s Order Removing Four Candidates From Warren City Council Election
The Michigan Court of Appeals reversed a Macomb County circuit judge in Berdy v Burda, __ Mich App __; __ NW2d __ (2019)(Docket No. 349171) and determined there was no basis to order the Warren City Clerk, the Warren City Election Commission and the Macomb County...
U.S. District Court Rules Michigan’s Political Districts Created By Gerrymandering Must Be Redrawn
On April 25th, 2019, a three-judge panel of the U.S. District Court - Eastern District of Michigan ruled in League of Women Voters of Michigan, et.al., v. Benson, et. al. that 27 of Michigan's political districts drawn after the 2010 census by the Republican-led...
What Happens If There Is A Tie In A Michigan Election?
Of all the complexities of federal and state election laws, Michigan has surprisingly simple and straight-forward processes for dealing with candidates that receive an even number of votes for a particular office. The type of process to be used depends on the office...
