Court: Dem Secretary of State’s 2022 Poll Challenger Rules Broke Michigan Law.
Michigan Court of Appeals Rules Against Secretary of State’s Guidance on Poll Challengers
In a groundbreaking decision, the Michigan Court of Appeals has declared that the guidance issued by Michigan Secretary of State Jocelyn Benson, a Democrat, regarding poll challengers during the 2022 midterms violated state law. The court’s unanimous ruling reaffirmed a previous trial court decision and ordered the guidelines to be revised or rescinded.
The plaintiffs in the case, which include election challengers, the Michigan Republican Party, state legislature candidates, and the Republican National Committee, argued that Benson’s guidance went beyond her supervisory authority and imposed unnecessary restrictions on poll challengers.
Benson’s updated guidelines required individuals to fill out a new form to become poll challengers and imposed limitations on communication and the use of electronic devices in absentee ballot counting areas. The court determined that these regulations should have been issued as properly promulgated Administrative Procedures Act (APA) rules.
Despite the trial court’s ruling in October 2022, Benson sought to keep the guidance in place for the November midterms. The Michigan Supreme Court allowed the unlawful guidance to be used, disregarding the objections of dissenting justices who agreed with the trial court’s analysis.
This is not the first time Benson has been found to have violated Michigan law. In a separate case in March 2021, a judge ruled that she broke state law by issuing unilateral orders on absentee voting during the 2020 election.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. He previously served as a state content writer for Convention of States Action and his work has been featured in numerous outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood.
What were the specific violations of state law by Secretary Benson’s guidelines on poll challengers in the 2022 midterms, as determined by the Michigan Court of Appeals?
The recent decision by the Michigan Court of Appeals regarding the guidance on poll challengers issued by Michigan’s Secretary of State, Jocelyn Benson, has raised significant legal and political concerns. In a unanimous ruling, the court determined that the guidelines issued by Secretary Benson for the 2022 midterms were in violation of state law, thus necessitating their revision or rescission.
The role of poll challengers in the electoral process is crucial in maintaining fairness and integrity. They play a vital role in ensuring that the voting process remains transparent and that all eligible voters can exercise their right to vote freely. Given the importance of this role, any guidance or instructions provided by the Secretary of State must be in accordance with the law and adhere to strict legal standards.
The Michigan Court of Appeals’ decision is significant in that it reaffirms the principle that the Secretary of State, as the chief election officer, must conduct their duties within the bounds of the law. The court’s ruling makes it clear that Secretary Benson’s guidelines, as they stood, did not meet this criterion and required revision or rescission.
It is important to note that the court’s ruling was unanimous, suggesting a consensus among the judges on the violation of state law. This consensus underscores the seriousness of the issue and highlights the need for adherence to legal norms in the conduct of elections.
While the specifics of the court’s ruling have not yet been made public, it is expected that the guidelines issued by Secretary Benson would have been found to be inconsistent with existing state legislation governing the role and responsibilities of poll challengers. By extending the boundaries of their authority or imposing additional requirements on poll challengers, these guidelines might have compromised the impartiality and fairness of the electoral process.
The significance of this ruling extends beyond Michigan. It serves as a reminder that election officials across the country must exercise their powers responsibly and conform to the legal framework within which they operate. Election integrity is a fundamental principle of any democracy, and any actions or guidelines that undermine this integrity must be addressed.
Furthermore, this decision highlights the need for a transparent and impartial process in the formulation of electoral guidelines. The court’s ruling implies that the guidelines issued by Secretary Benson failed to meet these standards, necessitating their revision or rescission. Going forward, it is essential that electoral officials engage in a comprehensive and inclusive consultation process to ensure that guidelines are fair, legally sound, and enjoy the confidence of all stakeholders.
In conclusion, the Michigan Court of Appeals’ decision on the Secretary of State’s guidance on poll challengers is a significant development in the realm of electoral governance. It serves as a reminder that election officials must adhere to the law, and their guidelines must be in conformity with legal principles and norms. This ruling highlights the importance of transparency, fairness, and impartiality in electoral processes, ultimately strengthening the voice and trust of the electorate in democracy.
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