RNC Lawsuit Challenges Michigan’s Overseas Voting Guidelines

RNC Lawsuit Challenges Michigan’s Overseas Voting Guidelines

Lansing, MI — A new lawsuit filed by the Republican National Committee (RNC) is igniting a contentious debate over Michigan’s voting regulations for overseas voters. The lawsuit targets a state law that allows spouses and dependents of Michigan voters living abroad to cast absentee ballots, even if they have never resided in the state themselves.

Under current Michigan law, these spouses and dependents must be U.S. citizens, accompany the Michigan voter overseas, and not be registered to vote elsewhere. The RNC argues that this provision violates the Michigan Constitution, which mandates that voters must have “resided” in the state for at least six months. The lawsuit claims that lawmakers have the authority to define what residency means, and the current guidelines overstep that authority.

“Secretary of State Jocelyn Benson’s guidance violates the Michigan Constitution by allowing people who have never resided in this state to register to vote in Michigan elections,” stated Michigan Republican Party Chair Jim Runestad. “The Michigan Constitution and the Election Law are clear — to vote in Michigan, a person needs to reside (or, if living overseas, have last resided) in Michigan.”

This lawsuit echoes a previous complaint filed by the Michigan GOP last October, which primarily focused on Benson’s guidance rather than the law itself. However, both the Michigan Court of Claims and the state Court of Appeals dismissed that case, citing its timing just before the general election.

Judge Sima Patel of the Court of Claims, while dismissing the lawsuit, examined its merits and noted that federal courts have previously overturned time-based residency requirements. She referenced a 1972 U.S. Supreme Court ruling that invalidated such laws, suggesting that concerns regarding the state law’s conflict with the six-month residency requirement were unfounded. Patel compared this situation to the Michigan Constitution’s outdated voting age of 21, which is superseded by the U.S. Constitution’s voting age of 18.

“Much like the 21-year age requirement, Const 1963, art 2, § 1’s six-month state residency requirement is no longer valid law,” Patel wrote.

However, the RNC’s lawsuit highlights another section of the Michigan Constitution, which states that lawmakers can only ease residency requirements for presidential and vice-presidential elections. This aspect was not addressed in Patel’s opinion, raising questions about the legal standing of the current law.

As the legal battle unfolds, a spokesperson for the Michigan Department of State did not respond to requests for comment. The outcome of this lawsuit could have significant implications for overseas voters and the upcoming elections, as both parties brace for a contentious electoral season.