Lawsuit claims Dems’ ballot amendments breach Michigan and U.S. Constitutions.
Michigan Legislators File Lawsuit Against Election Overhaul Amendments
A lawsuit filed on Thursday by 11 Michigan state legislators claims that two recently approved constitutional amendments, backed by Democrats, violate both the state and U.S. Constitutions. The lawsuit, brought in federal court against Governor Gretchen Whitmer, Secretary of State Jocelyn Benson, and the director of Michigan’s Bureau of Elections, argues that these amendments, passed in 2018 and 2022, infringe upon the power of the state legislature to regulate elections as stated in the U.S. Constitution.
The plaintiffs contend that since the amendments were implemented through the ballot amendment process and alter the state’s election laws, they are invalid. According to the legislators, the power to make such changes lies with the state legislature, as outlined in the Michigan Constitution. The lawsuit claims that the enactment of these amendments through petition and state ballot proposals violates the legislators’ federal rights under the Elections Clause.
While the media has portrayed these amendments as victories for ”voting rights,” their true purpose is to implement the Democrats’ unsecure and chaotic voting policies. The 2018 initiative, known as Prop 3, introduced several left-leaning election practices into the Michigan Constitution, including automatic and same-day voter registration and no-excuse absentee voting. Similarly, Prop 2, passed in 2022, added policies such as state-funded absentee ballot drop boxes and private donations to fund elections.
Both amendments were supported by Promote the Vote, a coalition launched in 2018 by left-wing groups. During a press conference, Michigan legislators highlighted the significant amount of out-of-state funding from left-wing organizations that poured into the state to convince voters of the benefits of Prop 2. Financiers included groups like the Sixteen Thirty Fund and the George Soros-backed Open Society Foundation.
The plaintiffs are seeking an injunction to prevent the enforcement of these amendments and a declaration stating that they are unconstitutional and violate the legislators’ federal rights. The lawsuit aims to protect the legislators’ role in determining the times, places, and manner of federal elections.
Shawn Fleetwood is a staff writer for The Federalist and a graduate of the University of Mary Washington. His work has been featured in various outlets, including RealClearPolitics, RealClearHealth, and Conservative Review. Follow him on Twitter @ShawnFleetwood.
How do the contested amendments to Michigan’s election process limit the authority of the state legislature and violate the separation of powers?
Plemented, they have resulted in significant changes to Michigan’s election process and have limited the authority of the state legislature. They argue that this violates the separation of powers and undermines the democratic principles upon which the nation was founded.
One of the contested amendments, passed in 2018, establishes a citizen-led redistricting commission responsible for drawing electoral district boundaries. The plaintiffs argue that this commission takes away the role of the legislature in determining district boundaries, thereby infringing on the constitutional authority of the state legislature.
The second amendment, approved in 2022, expands voting access by allowing same-day voter registration and absentee voting without providing a reason. The lawsuit argues that this amendment, along with other changes made to election laws by the Secretary of State, circumvents the legislature’s authority to regulate elections.
Furthermore, the legislators claim that these amendments disproportionately favor Democratic interests by reducing the influence of Republican-controlled legislatures in the redistricting process and making it easier for Democratic-leaning voters to participate in elections. They argue that this partisan advantage undermines the democratic balance and fairness of the electoral system.
The lawsuit seeks to have both amendments declared unconstitutional and requests an injunction to prevent their enforcement in future elections. The plaintiffs contend that the power to regulate elections lies solely with the state legislature, as outlined in the U.S. Constitution, and any changes to the process must be made through the appropriate legislative procedures.
Governor Gretchen Whitmer and Secretary of State Jocelyn Benson have defended the constitutional amendments, emphasizing that they were enacted through the will of the people via the ballot initiative process. They argue that these reforms were necessary to address concerns about gerrymandering and ensure broader voter participation.
This lawsuit is not the first legal challenge to Michigan’s election laws. In 2020, several lawsuits were filed following the presidential election, contesting various aspects of the state’s voting procedures. These challenges were ultimately dismissed by the courts.
While the outcome of this lawsuit remains uncertain, it highlights the ongoing debate over how elections should be regulated and the balance of power between the state legislature and other branches of government. As the legal process unfolds, it will be crucial to assess the arguments on both sides and consider the long-term implications for Michigan’s electoral system and democratic governance.
" Conservative News Daily does not always share or support the views and opinions expressed here; they are just those of the writer."
Now loading...