Election Law @ Moritz

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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

State-by-State Coverage (Michigan)

Recent News & Analysis

Below are the most recent Michigan News & Analysis posts. See All Michigan News & Analysis

10/30/08
6th Circuit Rejects MI Purges

The federal 6th Circuit Court of Appeals has denied Michigan election officials stay of a lower court injunction that required officials to undo purges they had performed on the voter registration database.  Among other things, the opinion holds that any voter listed in the VRDB as "active" is considered a "registrant" for purposes of the federal NVRA, and therefore comes under the protections of that statute.  See Major Pending Cases case page, Lawsuit Tracker page.

10/24/08
Trouble Brewing over MI Absentee Ballots

A Republican state Senator has charged that Michigan election officials have broken the law by deputizing one another to accept in-person absentee balloting requests.  Michigan law apparently requires first-time voters who registered by mail to request these ballots in-person, but local election officials designed a program to deputize one another and thereby permit voters to make this request in jurisdictions other than the jurisdiction of registration. [Read More]

10/21/08
Michigan Foreclosure Suit Settled

The Michigan foreclosure lawsuit has been voluntarily dismissed, with prejudice.  There had been rumors that Michigan Republicans intended to go to the polls and challenge voters whose addresses corresponded to homes in foreclosure, but both parties now appear to agree that that is not a sufficient basis for challenge.  See Major Pending Cases case page, Lawsuit Tracker page. [Read More]

10/13/08
Michigan Court Orders Purges Undone

A federal trial court in Michigan has ordered Michigan election officials to undo a purge of 1,438 voters from the voter registration database.  Officials had purged the names (names of newly registered voters) after registration confirmation postcards were returned from the voters' addresses undeliverable.  However, the court also stated that Michigan does not have to restore the names of some 200,000 voters who had been purged for registering in another state.  The practice was illegal, the court said, but ordering officials to restore the names presented too great a risk of illegal voting.  See Major Pending Cases case page here, and Litigation Tracker page here. [Read More]

9/19/08
Advancement Project and ACLU Sue Over Unlawful Voter Purging in Michigan

The Advancement Project and the ACLU are suing Michigan Secretary of State Terri Lynn Land, Michigan Bureau of Elections Director Christopher M. Thomas, and Ypsilanti Clerk Frances McMullen over allegedly unlawful voter registration purge programs.  The programs in question automatically remove voters who obtain a driver's license in another state and whose voter identification cards are returned by the post office as undeliverable.  Plaintiffs claim these programs do not provide adequate notice to voters and violate the NVRA.  Plaintiffs also allege young voters and minority voters wil be disproportionately affected by these practices.  Election Law @ Moritz will soon begin tracking the case in its Major Pending Cases database. 
[Read More]

Recent Commentary

There are no commentaries on Michigan that Election Law @ Moritz has covered, or is covering at this time.

Recent News Stories

Below are the most recent Michigan News Stories. See All Michigan News Stories

10/15/09
Michigan considers e-mailing absentee ballots overseas

Chances of getting their votes counted are so slim for U.S. military personnel overseas, many servicemen and women don't bother to vote, according to testimony today on a bill to allow e-ballots in the state.

10/15/09
Secretary of State candidate tells Saginaw County League of Women Voters election reform needed

Jocelyn F. Benson [said that] the state must cut the time it takes to process military members votes by allowing clerks to electronically transmit ballots to troops overseas. Now, it may take as long as 50 days because state law requires clerks to mail ballots, she said.

8/29/09
Legislation Introduced Today to Fix Michigan’s Broken Military Voting System

A bill that will help ensure the votes of  overseas troops make it back to Michigan in time to be counted was introduced today in the State Legislature.

8/18/09
More murmurs about voter fraud

Sanders, who has run twice this year for mayor and just missed the cut to Tom Barrow, is spearheading a group of residents who will meet at 6:30 p.m. tonight at Bethany Baptist Church. There, they plan to discuss accusations of fraud and other issues about Detroit, such as Cobo Center.

8/16/09
Detroiters alleging voter fraud to meet at church

Concerned about how absentee ballots were handled in the August 4 primary, a group of Detroiters will meet at a local church Tuesday to discuss whether they'll file a complaint with the Michigan Secretary of State's office alleging voter fraud.

Current Litigation

Below are the Michigan Active Cases. See All Michigan Current and Archived Cases

  • USSAF v. Land (Voter Registration, State Voter Registration Databases)