Filed Date: May 22, 2020
Case Ongoing
Clearinghouse coding complete
COVID-19 summary: On May 22, the League of Women Voters of Michigan sued the Michigan Secretary of State, challenging the statutory requirement that absentee ballots must be received by 8 PM on election day. An oral argument was scheduled for June 18.
On May 22, the League of Women Voters of Michigan filed a lawsuit against the Michigan Secretary of State in the Michigan Court of Appeals. The plaintiffs argued that the statutory requirement that absentee ballots must be received by 8 PM on election day was unconstitutional when prompt processing and frequent delivery of mail is not possible. They further claimed that the failure to immediately process absentee-ballot applications within 40 days of the election and requiring absentee voters to pay the postage to return their absentee ballots violates state law.
The plaintiffs were represented by the American Civil Liberties Union, ACLU of Michigan, and private attorneys, and sought an expedited decision for the August 4 primary and November 3 general election. Michigan allows the submission of an absentee ballot, starting 40 days before the election. During the May 5 election, 1.75 percent of absentee ballots were rejected because they arrived after 8 PM on Election Day. This could potentially mean that 134,000 voters could be disenfranchised during the November election.
The defendant filed an answer on May 29. On June 3, the Michigan State Court of Appeals granted the motion for immediate consideration and expedition of the proceedings. An oral argument is scheduled for June 18. The case is ongoing.
Summary Authors
Averyn Lee (6/14/2020)
Michigan Alliance for Retired Americans v. Benson, Michigan state trial court (2020)
Beckering, Jane M (Michigan)
Brewer, Mark C. (Michigan)
Callahan, Samuel Francis (District of Columbia)
Dolente, Sharon (Michigan)
Glick, Kolya (District of Columbia)
Last updated Aug. 30, 2023, 1:32 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Michigan
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Key Dates
Filing Date: May 22, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The League of Women Voters of Michigan
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Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Michigan Secretary of State, State
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Case Details
Causes of Action:
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Appellate Court is initial court
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Outcome
Prevailing Party: None Yet / None
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Issues
Voting: