Case: Priorities USA v. Benson

3:19-cv-13188 | U.S. District Court for the Eastern District of Michigan

Filed Date: Oct. 30, 2019

Closed Date: May 8, 2020

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Case Summary

This case is about Michigan’s signature matching laws for absentee ballot applications and absentee ballots. In Michigan, city or township clerks compared an absentee voter’s signatures on both their ballot application and their absentee ballot against the signature on file, taken from either the government’s electronic database or the voter’s voter registration application. If the clerk determined the signatures did not match, the application or the ballot would be rejected. If an application …

On October 30, 2019, Priorities USA, a non-profit voter-centric progressive advocacy and service organization, filed this lawsuit in the U.S. District Court for the Eastern District of Michigan. Represented by private counsel, they sued the Michigan Secretary of State under 42 U.S.C. § 1983. They sought declaratory relief, an injunction preventing enforcement of the signature matching laws, and attorneys’ fees. They claimed the error-prone signature matching process placed an undue burden on the right to vote, in violation of the First and Fourteenth Amendments to the U.S. Constitution, and also violated the equal protection and procedural due process guarantees of the Fourteenth Amendment.

In response, the defendant filed a motion to dismiss on December 12, arguing that, among other reasons, the complaint should be dismissed because 1) the plaintiff was organization and did not allege that
it had members who vote in Michigan and therefore lacked standing, 2) the plaintiff did not allege that it would incur any particularized injury as a result of the challenged statutes, and 3) the claims made in the complaint are hypothetical and therefore not ripe.

Shortly after, on December 30, the plaintiff filed an amended complaint adding as a plaintiff a registered voter whose 2018 absentee ballot had been wrongfully rejected for signature mismatch without any opportunity to appeal. In response, the defendant filed a motion to dismiss the amended complaint on January 13, 2020, arguing that plaintiffs lacked standing.

On February 25, 2020, the plaintiffs requested a preliminary injunction that would 1) order the Secretary to direct local officials to provide voters notice of signature mismatch determinations, implement cure procedures, and confirm rejections with the board of election inspectors; and 2) order the Secretary to provide formal signature matching training for all clerks and boards of election inspectors.

On March 24, 2020, the court granted the Michigan Legislature’s motion to intervene as defendants and denied defendant's motion to dismiss.

On April 21, 2020, the plaintiffs filed a motion to voluntarily dismiss the case. The plaintiffs had recently learned that after they filed their preliminary injunction request, the Secretary of State issued guidance to election officials that largely provided the relief that plaintiffs had requested. Accordingly, on May 8, 2020, the court dismissed the case without prejudice.

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Summary Authors

John McGinnis (6/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16401103/parties/priorities-usa-v-benson/

Judge(s)

Cleland, Robert Hardy (Michigan)

Attorney for Plaintiff

Anderson, Jacki Lynn (Michigan)

Elias, Marc E. (Michigan)

Attorney for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Expert/Monitor/Master/Other

Judge(s)

Cleland, Robert Hardy (Michigan)

Attorney for Plaintiff

Anderson, Jacki Lynn (Michigan)

Elias, Marc E. (Michigan)

Nickelhoff, Andrew A. (Michigan)

Nkwonta, Uzoma (Michigan)

Smith, K'Shaani (Michigan)

Attorney for Defendant

Grill, Erik A. (Michigan)

Meingast, Heather S. (Michigan)

Expert/Monitor/Master/Other

Seyferth, Patrick G. (Michigan)

Steinberger, Michael K. (Michigan)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:19-cv-13188	Complaint for Declaratory and Injunctive Relief	Oct. 30, 2019	Oct. 30, 2019 Complaint
12 3:19-cv-13188	Motion to Dismiss	Dec. 12, 2019	Dec. 12, 2019
15 3:19-cv-13188	Amended Complaint for Declaratory and Injunctive Relief	Dec. 30, 2019	Dec. 30, 2019 Complaint
17 3:19-cv-13188	Defendant's Motion to Dismiss Amended Complaint	Jan. 13, 2020	Jan. 13, 2020 Pleading / Motion / Brief
18 3:19-cv-13188	Plaintiffs' Response to Motion to Dismiss Amended Complaint	Feb. 3, 2020	Feb. 3, 2020 Pleading / Motion / Brief
22 3:19-cv-13188	Plaintiffs' Motion for Preliminary Injunction	Feb. 25, 2020	Feb. 25, 2020 Pleading / Motion / Brief
24 3:19-cv-13188	Opinion and Order Denying Defendant's Motion to Dismiss and Granting Motion to Intervene	March 24, 2020	March 24, 2020 Order/Opinion 448 F.Supp.3d 755
32 3:19-cv-13188	Plaintiffs' Motion for Voluntary Dismissal	April 21, 2020	April 21, 2020 Pleading / Motion / Brief
33 3:19-cv-13188	Stipulated Order for Dismissal	May 8, 2020	May 8, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/16401103/priorities-usa-v-benson/

Last updated Aug. 8, 2025, 3:22 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF WITH CERTIFICATE OF SERVICE filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-7466189 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Ingham - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Nickelhoff, Andrew) (Entered: 10/30/2019)	Oct. 30, 2019	Oct. 30, 2019 Clearinghouse
	Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option	Oct. 30, 2019	Oct. 30, 2019 PACER
2	STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by All Plaintiffs (Nickelhoff, Andrew) (Entered: 10/30/2019)	Oct. 30, 2019	Oct. 30, 2019 PACER
	A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DPer)	Oct. 30, 2019	Oct. 30, 2019 PACER
3	SUMMONS Issued for Jocelyn Benson (DPer) (Entered: 10/30/2019)	Oct. 30, 2019	Oct. 30, 2019 PACER
4	CERTIFICATE of Service/Summons Returned Executed. Jocelyn Benson, in her official capacity as the Michigan Secretary of State served on 10/31/19. (Nickelhoff, Andrew) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019 PACER
5	NOTICE of Appearance by Marc E. Elias on behalf of PRIORITIES USA. (Elias, Marc) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
6	STIPULATED ORDER Extending time for Defendant to Respond to the Complaint, ( Response due by 12/12/2019) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 RECAP
7	MOTION to Intervene by Michigan Senate, Michigan House of Representatives. (Attachments: # 1 Exhibit 1-The Michigan Senate and Michigan House of Representatives' Answer to Plaintiff's Complaint for Declaratory and Injunctive Relief) (Seyferth, Patrick) (Entered: 11/27/2019) 1 Exhibit 1-The Michigan Senate and Michigan House of Representatives' Answer View on PACER	Nov. 27, 2019	Nov. 27, 2019 PACER
8	ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jocelyn Benson (Meingast, Heather) (Entered: 12/02/2019)	Dec. 2, 2019	Dec. 2, 2019 PACER
9	ATTORNEY APPEARANCE: Erik A. Grill appearing on behalf of Jocelyn Benson (Grill, Erik) (Entered: 12/02/2019)	Dec. 2, 2019	Dec. 2, 2019 PACER
10	NOTICE of Appearance by Jacki Lynn Anderson on behalf of PRIORITIES USA. (Anderson, Jacki) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019 RECAP
11	RESPONSE to 7 MOTION to Intervene and Brief in Support filed by PRIORITIES USA. (Elias, Marc) (Entered: 12/11/2019)	Dec. 11, 2019	Dec. 11, 2019 PACER
12	MOTION to Dismiss by Jocelyn Benson. (Grill, Erik) (Entered: 12/12/2019)	Dec. 12, 2019	Dec. 12, 2019 Clearinghouse
13	NOTICE OF HEARING on 7 MOTION to Intervene, 12 MOTION to Dismiss . Motion Hearing set for 2/7/2020 02:00 PM before District Judge Robert H. Cleland (LWag) (Entered: 12/13/2019)	Dec. 13, 2019	Dec. 13, 2019 PACER
14	REPLY to Response re 7 MOTION to Intervene Reply in Support of the Michigan Senate and Michigan House of Representatives' Motion to Intervene filed by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 12/18/2019)	Dec. 18, 2019	Dec. 18, 2019 PACER
15	AMENDED COMPLAINT filed by PRIORITIES USA, Marissa Accardo against Jocelyn Benson. NO NEW PARTIES ADDED. (Elias, Marc) (Entered: 12/30/2019)	Dec. 30, 2019	Dec. 30, 2019 Clearinghouse
16	NOTICE of Appearance by K'Shaani Smith on behalf of Marissa Accardo, PRIORITIES USA. (Smith, K'Shaani) (Entered: 01/09/2020)	Jan. 9, 2020	Jan. 9, 2020 PACER
17	MOTION to Dismiss Amended Complaint by Jocelyn Benson. (Grill, Erik) (Entered: 01/13/2020)	Jan. 13, 2020	Jan. 13, 2020 Clearinghouse
	~Util - Terminate Motions	Jan. 21, 2020	Jan. 21, 2020 PACER
	Text-Only Order	Jan. 21, 2020	Jan. 21, 2020 PACER
	Terminate Deadlines and Hearings	Jan. 21, 2020	Jan. 21, 2020 PACER
	TEXT-ONLY ORDER DENYING 12 MOTION to Dismiss filed by Jocelyn Benson, CANCELLING HEARING on 2/7/2020 as to 12 MOTION to Dismiss, 7 MOTION to Intervene :( Motion Hearing re 17 MOTION to Dismiss Amended Complaint AND 7 MOTION to Intervene, set for 3/5/2020 10:00 AM before District Judge Robert H. Cleland), Signed by District Judge Robert H. Cleland. (LWag)	Jan. 21, 2020	Jan. 21, 2020 PACER
18	RESPONSE to 17 MOTION to Dismiss Amended Complaint filed by Marissa Accardo, PRIORITIES USA. (Elias, Marc) (Entered: 02/03/2020)	Feb. 3, 2020	Feb. 3, 2020 Clearinghouse
19	[STRICKEN] NOTICE of Appearance by Uzoma Nkwonta on behalf of All Plaintiffs. (Nkwonta, Uzoma) Modified on 2/5/2020 (NAhm). (Entered: 02/05/2020)	Feb. 5, 2020	Feb. 5, 2020 PACER
	Error	Feb. 5, 2020	Feb. 5, 2020 PACER
	NOTICE of Error directed to: Uzoma Nkwonta re 19 Notice of Appearance. Wrong or incomplete PDF image was uploaded. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (NAhm)	Feb. 5, 2020	Feb. 5, 2020 PACER
20	NOTICE of Appearance by Uzoma Nkwonta on behalf of Marissa Accardo, PRIORITIES USA. (Nkwonta, Uzoma) (Entered: 02/05/2020)	Feb. 5, 2020	Feb. 5, 2020 PACER
	Set/Reset Deadlines as to 17 MOTION to Dismiss Amended Complaint, 7 MOTION to Intervene . Motion Hearing re-set for 4/8/2020 02:00 PM before District Judge Robert H. Cleland (LWag)	Feb. 18, 2020	Feb. 18, 2020 PACER
21	Plaintiffs' Rule 26(f) REPORT by Marissa Accardo, PRIORITIES USA (Elias, Marc) (Entered: 02/19/2020)	Feb. 19, 2020	Feb. 19, 2020 PACER
22	MOTION for Preliminary Injunction by Marissa Accardo, PRIORITIES USA. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Declaration of Dr. Linton Mohammed, # 3 Exhibit B-Declaration of Marissa Accardo, # 4 Exhibit C-Declaration of Guy Cecil, # 5 Exhibit D-Declaration of Charles Turner, # 6 Exhibit Declaration of Uzoma Nkwonta, # 7 Exhibit 1 to Declaration of Uzoma Nkwonta - Canton Township FOIA Record re Marissa Accardo, # 8 Exhibit 2 to Declaration of Uzoma Nkwonta - City of Detroit FOIA Record re Charles Turner, # 9 Exhibit 3 to Declaration of Uzoma Nkwonta - Email from Hamtramck City Clerk, # 10 Exhibit 4 to Declaration of Uzoma Nkwonta - Michigan Collegiate Student Advisory Task Force Report) (Elias, Marc) (Entered: 02/25/2020) 1 Index of Exhibits View on PACER 2 Exhibit A-Declaration of Dr. Linton Mohammed View on PACER 3 Exhibit B-Declaration of Marissa Accardo View on PACER 4 Exhibit C-Declaration of Guy Cecil View on PACER 5 Exhibit D-Declaration of Charles Turner View on PACER 6 Exhibit Declaration of Uzoma Nkwonta View on PACER 7 Exhibit 1 to Declaration of Uzoma Nkwonta - Canton Township FOIA Record re Maris View on PACER 8 Exhibit 2 to Declaration of Uzoma Nkwonta - City of Detroit FOIA Record re Charl View on PACER 9 Exhibit 3 to Declaration of Uzoma Nkwonta - Email from Hamtramck City Clerk View on PACER 10 Exhibit 4 to Declaration of Uzoma Nkwonta - Michigan Collegiate Student Advisory View on PACER	Feb. 25, 2020	Feb. 25, 2020 Clearinghouse
	Text-Only Notice of Hearing Cancelled	March 20, 2020	March 20, 2020 PACER
	TEXT-ONLY NOTICE: Motion Hearing on April 8, 2020 is Cancelled re 17 MOTION to Dismiss Amended Complaint, 7 MOTION to Intervene . Motions to be decided on the briefs. (LWag)	March 20, 2020	March 20, 2020 PACER
23	STIPULATION AND ORDER Extending Time to file response and reply as to 22 MOTION for Preliminary Injunction :( Response due by 4/7/2020, Reply due by 4/21/2020) Signed by District Judge Robert H. Cleland. (LWag) (Entered: 03/23/2020)	March 23, 2020	March 23, 2020 PACER
24	OPINION AND ORDER GRANTING 7 Michigan Legislature's Motion to Intervene; DENYING 17 Defendant's Motion to Dismiss; Directing the Parties to Meet and Confer and File a Joint Memorandum by 4/17/2020. Signed by District Judge Robert H. Cleland. (LWag)	March 24, 2020	March 24, 2020 Clearinghouse
25	NOTICE of Appearance by Patrick G. Seyferth on behalf of Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 04/01/2020)	April 1, 2020	April 1, 2020 PACER
26	NOTICE of Appearance by Michael K. Steinberger on behalf of Michigan House of Representatives, Michigan Senate. (Steinberger, Michael) (Entered: 04/01/2020)	April 1, 2020	April 1, 2020 PACER
27	ANSWER to Amended Complaint with Affirmative Defenses by Jocelyn Benson. (Meingast, Heather) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
28	RESPONSE to 22 MOTION for Preliminary Injunction filed by Jocelyn Benson. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A. Declaration of Jonathan Brater) (Meingast, Heather) (Entered: 04/07/2020) 1 Index of Exhibits Exhibit List View on PACER 2 Exhibit A. Declaration of Jonathan Brater View on PACER	April 7, 2020	April 7, 2020 PACER
29	ANSWER to Amended Complaint with Affirmative Defenses by Michigan House of Representatives, Michigan Senate. (Seyferth, Patrick) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
30	MEMORANDUM (Joint) Regarding Proposed Briefing Schedule for Preliminary Injunction Motion by Michigan House of Representatives, Michigan Senate (Seyferth, Patrick) (Entered: 04/17/2020)	April 17, 2020	April 17, 2020 PACER
31	NOTICE OF HEARING on 22 MOTION for Preliminary Injunction . Response due by 5/8/2020 Reply due by 5/29/2020 Motion Hearing set for 6/17/2020 02:00 PM before District Judge Robert H. Cleland (LWag) (Entered: 04/21/2020)	April 21, 2020	April 21, 2020 PACER
32	MOTION to Dismiss by Marissa Accardo, PRIORITIES USA. (Attachments: # 1 Exhibit A-Plaintiffs' First Set of Interrogatories, # 2 Exhibit B-Plaintiffs' First Request for Production, # 3 Exhibit C-Declaration of Jonathan Brater) (Elias, Marc) (Entered: 04/21/2020) 1 Exhibit A-Plaintiffs' First Set of Interrogatories View on PACER 2 Exhibit B-Plaintiffs' First Request for Production View on PACER 3 Exhibit C-Declaration of Jonathan Brater View on PACER	April 21, 2020	April 21, 2020 Clearinghouse
33	STIPULATED ORDER DISMISSING CASE without prejudice Signed by District Judge Robert H. Cleland. (Attachments: # 1 Exhibit Emails) (LWag) (Entered: 05/08/2020) 1 Exhibit Emails View on PACER	May 8, 2020	May 8, 2020 Clearinghouse

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Case Details

State / Territory: Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Oct. 30, 2019

Closing Date: May 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A non-profit, voter-centric progressive advocacy and service organization and an absentee voter whose ballot was wrongfully rejected for signature mismatch

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Case Details