RNC Sues MI SOS Over ‘Thousands’ Of Improperly Processed Ballots

The Republican National Committee is suing Michigan Secretary of State Jocelyn Benson after allegedly finding signature verification markers absent from “thousands” of ballots in the state’s primary election.

“Our secretary of state is actively interfering in Michigan’s elections, disregarding the very laws she’s supposed to enforce,” said Michigan Republican Party Chairman Pete Hoekstra in a Thursday press release regarding the suit. “The Michigan Republican Party will never stop fighting for the safety and security of our elections, so every single Michigander can feel confident in their vote … .”

The RNC, the Michigan GOP, and Chesterfield Township Clerk Cindy Berry sued Benson and Director of Elections Jonathan Brater for issuing “incomplete” guidance on ballot verification, causing “confusion.”

The suit, filed Thursday, claims “thousands” of absentee ballots in the Detroit suburb of Warren were “apparently” counted in the state’s Aug. 6 primary, “despite the complete absence of a statement by the clerk on the corresponding return envelope that the absent voter ballot is approved for tabulation.”

Plaintiffs claim that state law requires two markers to be present on ballots before they can be tabulated: the date the ballot was received, and a statement showing the clerk has verified the voter’s signature. 

Michigan election law (MCL 168.765 §2) states that “written or stamped on each absent voter ballot return envelope must be the date, and the time and date if received on election day, that the absent voter ballot return envelope was received … and a statement by the city or township clerk that the absent voter ballot is approved for tabulation.”

The latter was allegedly missing from ballots in Warren. Plaintiffs claim “incomplete guidance materials” from Benson’s office “contributed” to the issue.

“[State law] mandates [in part] that … after verifying each voter’s signature, clerks must include on each approved ballot return envelope ‘a statement by the city or township clerk that the absent voter ballot is approved for tabulation,’” the lawsuit alleges.

Benson’s guidance, included as an exhibit in the suit, acknowledges that clerks should mark the date the ballot was received and verify signatures — and if they don’t match, contact the voter to “cure” them. But it does not explicitly mention the requirement to include a marker indicating the signature was verified.

“[T]he Secretary’s AV Ballot Processing Guidance fails to mention the clerk’s statement of approval … as required under [state law] …, yet reads as if it contains the entire universe of requirements as to the information that a clerk must write or stamp … such that the corresponding ballot can be tabulated,” the suit alleges. “As a result, the AV Ballot Processing Guidance is fatally incomplete.”

“Recent guidance issued by the Michigan Secretary of State will undermine protections for absentee voters, leading to improper handling and counting of absentee ballots,” said RNC Chair Michael Whatley in the press release. “We are suing to protect absentee ballot safeguards in Michigan which will help make it easy to vote and hard to cheat in the Wolverine State.”

The Federalist asked Benson’s office for its reaction to the suit and in what other locations ballots may not have been marked properly. Her office did not respond with comment in time for publication. 

For more election news and updates, visit electionbriefing.com.

Logan Washburn is a staff writer covering election integrity. He graduated from Hillsdale College, served as Christopher Rufo’s editorial assistant, and has bylines in The Wall Street Journal, The Tennessean, and The Daily Caller. Logan is originally from Central Oregon but now lives in rural Michigan.