Michigan Absentee Ballot Number Matching Guidance Challenge

Lawsuit filed by the Republican National Committee (RNC), Michigan Republican Party and a local town clerk against Michigan Secretary of State Jocelyn Benson (D) and Michigan Director of Elections Jonathan Brater challenging the secretary’s recent guidance regarding Michigan’s number matching policy for absentee ballots. In Michigan, absentee ballots must include a numbered and perforated stub that ensures the correct voter is casting their ballot. In February 2024, the secretary issued guidance instructing local election officials to process absentee ballots that were missing or including the wrong numbered stub as “challenged” rather than wholly rejecting the ballot. In April, the secretary released a second set of instructions telling local officials to reject ballots with a missing stub and to contact the local county clerk for instruction if a ballot includes the wrong numbered stub. The plaintiffs also take issue with the fact that a separate portion of the April guidance allows clerks to mark mismatched ballots as “challenged“ rather than “rejected.” The plaintiffs claim that the guidance violates the Michigan Constitution and Michigan election law, and ask the court to order the secretary to issue new guidance requiring local officials to reject all absentee ballots with a missing or wrong numbered stub. They ask the court to issue a decision before Michigan begins processing absentee ballots on Oct. 28, 2024. 

STATUS: On Oct. 3, the court ordered the state to update its guidance to reflect that election officials “must” — as opposed to “should” — verify that the number on a ballot stub agrees with the ballot number on the face of one’s absentee ballot return envelope.

Litigation remains ongoing on other claims in the case.

Last updated: October 4, 2024 9:05 am EST