Michigan Elections: Judge Strikes Down Secretary Of State’s Lax Ballot Signature Guidance (June 12, 2024)
Posted by FactReal on June 19, 2024
READ the judge’s order
Case: Republican National Committee v. Jocelyn Benson (Secretary of State)
Via the Michigan court: Opinion and Order Granting Partial Declaratory Relief
Judge: Christopher P. Yates
Date: June 12, 2024
– Michigan judge rejects guidance from Secretary of State Jocelyn Benson’s that clerks should initially presume absentee ballot signatures are valid
– But judge upheld separate rules that give clerks broad discretion to consider why a voter signature might not match the version on file
– An 2023 election law helped save Benson’s 2022 rule that detailed how clerks can compare signatures
A judge ruled Wednesday that Michigan’s Democrat Secretary of State Jocelyn Benson’s guidance telling election officials to presume the validity of absentee ballot signatures is unconstitutional.
…
The court found that the state constitution “calls for a signature comparison without making any presumption for or against validity.”
“[T]he ‘initial presumption’ of validity in signature verification of absentee-ballot applications and envelopes mandated by the December 2023 guidance manual issued by defendants is incompatible with the Constitution and laws of the State of Michigan,” Yates ruled.
Yates also awarded a “declaratory judgment describing as impermissible all presumption language contained in the guidance manual for dealing with absentee-ballot applications and envelopes.”
Yates did, however, uphold a section of Michigan’s administrative code offering election officials possible “explanations for differences in signatures.” Some examples in the guidance include a shaky hand due to age or health, signing too fast, or even a difference in signature style.
This entry was posted on June 19, 2024 at 6:49 pm and is filed under Elections, Law.
Tagged: Elections. You can follow any responses to this entry through the RSS 2.0 feed.
You can leave a response, or trackback from your own site.
Leave a comment