The Republican National Committee (RNC) is suing Michigan Secretary of State Jocelyn Benson over allegations that state election law intrinsically violates the state’s constitution by allowing non-residents to vote in the state’s elections.
More specifically, the lawsuit centers around “those who haven’t lived in the state but are the spouses of military and overseas Michigan voters and children born to residents of the state,” per MLive:
Lawyers for the RNC say provisions around overseas absentee voting in state law, further defined by the state’s elections manual, allow these individuals to vote in Michigan elections despite never having lived in the state.
RNC lawyers say this is unconstitutional, as the state Constitution requires a voter to have lived in the state for at least six months, though lawmakers can reduce this requirement or waive it for former residents.
In a November 21 statement on the lawsuit, RNC Chairman Joe Gruters stated that individuals who have never lived in Michigan should not have a say in the state’s elections, accusing Benson of “ignoring” the state constitution by allowing this practice to go on.
“Individuals who have never lived in the United States, let alone Michigan, should not have a say in Michigan’s elections,” he said.
He continued, “Democrat Secretary of State Jocelyn Benson is ignoring the Michigan Constitution by allowing people who don’t live in Michigan to vote in Michigan. That’s why the RNC is fighting to ensure only lawful votes count.”
The RNC provided background on the lawsuit, which reads in the introduction, “The Michigan Constitution allows Michigan residents—and only Michigan residents—to vote in Michigan elections. See Const. 1963, art. 2, § 1 (‘Every citizen of the United States who has attained the age of 21 years, who has resided in this state six months, and who meets the requirements of local residence provided by law, shall be an elector and qualified to vote in any election except as otherwise provided in this constitution. The legislature shall define residence for voting purposes.’).
It adds that “Michigan Election Law confirms that only current or past residents of Michigan may vote in Michigan elections” and blasts Benson for ignoring this reality:
Despite the Constitution and Michigan Election Law’s unambiguous command that no person may vote in Michigan unless they reside in Michigan, the Secretary of State has issued guidance that “A United States citizen who has never resided in the United States but who has a parent, legal guardian, or spouse who was last domiciled in Michigan is eligible to vote in Michigan as long as the citizen has not registered or voted in another state.”
In a breakdown of the case, the RNC added that “Secretary Benson issued an election manual that violates state law by allowing some voters who have never lived in Michigan, and in some cases have never lived in the United States, to cast a ballot.” The RNC also noted that it already won a similar lawsuit in North Carolina, “in which the North Carolina Court of Appeals and North Carolina Supreme Court ruled that allowing non-residents to vote in North Carolina’s elections violated the North Carolina Constitution’s residency requirement.”
A spokesperson for Benson dismissed the RNC’s lawsuit as a lame attempt to “spread distrust” and “target the voting rights” of U.S. citizens.
“Once again, the RNC has decided to target the voting rights of United States citizens and their families living overseas – including the children of active-duty military service members who are making sacrifices for our freedoms,” Benson spokesperson Angela Benander said, asserting that this is not a “legitimate legal concern” but an “attempt to spread distrust in Michigan’s secure and fair elections.”
