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Election Law @ Moritz

Election Law @ Moritz



League of Women Voters of Michigan v. Benson

Case Information

Date Filed: May 22, 2020
State: Michigan
Issue: Absentee Ballots
Current Court: Michigan Supreme Court (Case 161671)


Whether Michigan's requirement that election officials reject absentee ballots that arrive at the clerk's desk after election day is still valid under the amendment to the state constitution giving every voter the right to submit an absentee ballot—by mail or in person at the voter’s choosing—at any point in the 40 days preceding an election


Michigan Court of Appeals Opinion filed 7/14/20. Application for Leave to Appeal Denied by Michigan Supreme Court 7/31/20. Motion for Reconsideration of Denial of Application for Leave to Appeal 8/17/2020.

Michigan Court Of Appeals Documents

  • Complaint For Mandamus pdf file (5/22/20)
  • Order Granting Mandamus For Expedited Consideration pdf file (6/5/20)
  • Opinion pdf file (7/14/20)
  • Michigan Supreme Court Documents

  • Motion for Reconsideration pdf file (8/17/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

    more commentary...

    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.


    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 

    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...