RNC sues Michigan Secretary of State over absentee ballot policies

The Republican National Committee (RNC) and the Michigan Republican Party have filed a lawsuit against Jocelyn Benson, the state's Democratic Secretary of State, over her election certification processes for absentee ballots, claiming there is "incomplete" guidance for election workers to verify the ballots.

The complaint filed in state court on Tuesday seeks to prevent Benson from enacting her ballot-processing guidance, which she issued in Feb. 2024. It also prevents Benson from issuing new guidelines ahead of November's presidential election. The city and township clerks must adhere to the ballot-counting procedures prescribed in Michigan law, the plaintiffs said. Additionally, the suit claimed that the proposed guidance doesn't include signature verification, which is ripe for election discrepancies.

RNC Chairman Michael Whatley said Thursday, according to Democracy Docket, that Benson's guidance would "undermine protections for absentee voters, leading to improper handling and counting of absentee ballots."

Plaintiffs contend that the document fails to provide clerks with a comprehensive understanding of their obligations under the law. The law states that the date on each absent voter ballot return envelope must be written or stamped to indicate the date the city or township clerk received the ballot. Additionally, the envelope must include "a statement by the city or township clerk that the absent voter ballot is approved for tabulation."

If a voter's signature is missing or doesn't match the signature on file, "the clerk shall reject the absent voter ballot and provide the elector with notice and the opportunity to cure the deficiency."

The plaintiffs claim that despite this framework, "it appears that local clerks may not be complying with the requirement to mark absent voter ballot envelopes with a statement that the voter's signature has been verified."
 

An example cited in the complaint featured an allegation that the RNC "recently learned that thousands of absent voter ballots were apparently tabulated during the August 6, 2024, primary election in Warren, Michigan, despite the complete absence of a statement by the clerk on the corresponding return envelope that the absent voter ballot is approved for tabulation."

Republicans have been intensifying their election litigation in anticipation of the upcoming presidential election. This marks the 16th voting-related lawsuit filed by the Republican National Committee over the past several months. It is the RNC's fifth case in Michigan. The complaint challenges Benson's guidance to election administrators, which plaintiffs contend is inconsistent with Michigan election laws.

Jonathan Brater, Director of Elections, is also named as a defendant in the suit.