A new lawsuit has emerged against Michigan Secretary of State Jocelyn Benson and Jonathan Brater, the Director of the Michigan Bureau of Elections. This lawsuit comes as a culmination of previous legal challenges against Benson, who has already lost ten lawsuits. Many of these cases have highlighted concerns about election security in Michigan, especially with the November 2024 elections looming. Critiques have been directed towards Benson regarding her reluctance to enhance measures that ensure elections in Michigan are open, transparent, fair, and free from potential manipulation by partisan entities or foreign actors. The ongoing scrutiny raises essential questions about the responsibilities of election officials in safeguarding the integrity of the electoral process.
Critics argue that the top election official in a state, like the Secretary of State, should prioritize implementing fundamental safeguards, such as voter identification, verification of U.S. citizenship, and ensuring the accuracy of voter rolls. They assert that Michigan voters deserve reassurance that those listed as active voters are eligible and that measures are in place to prevent illegal voting practices, such as multiple votes or fraudulent registrations by ineligible persons. The current environment has led many to question why Benson is seemingly opposed to the establishment of such protective measures, prompting accusations of negligence or willful disregard for the electoral process.
The recent controversy has escalated following revelations about the potential for overseas voters—specifically under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA)—to register and vote in Michigan. Alarmingly, it has been noted that the Democrats have plans to pursue an extensive campaign to obtain 1.7 million new voter registrations from overseas votes in swing states, including approximately 264,256 from Michigan. This situation has prompted Michigan’s Republican Party (MIGOP) and the Republican National Committee (RNC) to challenge the constitutionality of the Michigan Secretary of State’s guidance allowing overseas voters—some of whom have reportedly never resided in Michigan—to register and participate in its elections.
The lawsuit cites the Michigan Constitution, which stipulates that only residents of the state are eligible to vote in its elections. Under the Constitution (Const. 1963, art. 2, § 1), votership is contingent on residency requirements that must be adhered to. Despite this clear mandate, the Secretary of State has issued guidance suggesting that U.S. citizens with parental ties to those domiciled in Michigan can vote without having ever resided there themselves. This guidance, according to the lawsuit, not only contradicts the Constitution but also allows for individuals with no genuine connection to Michigan to cast ballots, potentially skewing election results. It underscores the concern that the ability of true residents to have their votes count fairly and accurately is being compromised.
Expounding on the implications of this guidance, the lawsuit emphasizes the detrimental effects on local election officials like Chesterfield Township City Clerk Cindy Berry, who appears caught between her obligation to uphold the Michigan Constitution and the potentially unconstitutional orders from the Secretary of State. The conflicting responsibilities place clerks in a precarious position, contributing to legal and ethical dilemmas concerning how elections are conducted. The plaintiffs argue that the enactment of this guidance creates a situation where non-resident votes could dilute the influence of legitimate voters, thereby jeopardizing electoral integrity.
Furthermore, there is a compelling argument that the counting of ballots from ineligible overseas voters could lead to a distorted representation of the electorate and unfairly disadvantage Republican candidates, given the historical voting patterns of overseas voters. This concern is compounded by claims that such actions may undermine broader voter confidence, resulting in decreased turnout due to perceptions of electoral malpractice. Instead of addressing these pressing concerns about election security and integrity, critics argue that Secretary Benson has diverted attention towards allegations of election violence, framing them as her central focus ahead of the 2024 elections. This sets the stage for an ongoing dialogue about election integrity and the mounting pressures on officials tasked with safeguarding democracy in Michigan.