The Michigan Court of Appeals has tossed out a Republican lawsuit challenging Democratic Secretary of State Jocelyn Benson’s official guidance for many overseas voters.
The lawsuit filed by the Republican National Committee, the Michigan Republican Party and a township clerk claimed the guidance would clear the way for former spouses and dependents who have no tangible connection to Michigan to vote in state elections. But the appeals court panel’s decision did not turn on the substance of the guidance, but the fact that the lawsuit was filed less than a month before the November 2024 election and after absentee ballots to overseas voters were in the mail.
“This case challenges the breadth of one of the rights foundational to our democracy—the right to vote. But it does so narrowly. First, this case concerns itself with only a select group of voters: individuals who vote in Michigan elections who do not presently live in Michigan,” read the unsigned opinion. “Second, this case is temporally limited, too, focusing exclusively on obtaining relief in advance of the 2024 election, which has since come and gone and been certified.”
Benson said the three-judge appeals panel was right to uphold the lower court and dismiss the case and called the lawsuit “frivolous” and “shameful.”
“It was a PR stunt and an attempt to cause chaos and create doubt about the security of our elections and the integrity of our system,” she told Michigan Public Radio. “I’m grateful for the court seeing through that so that we can move forward in giving all citizens the information they need to vote no matter where they may find themselves in the world.”
Michigan Republican Party Chair Jim Runestad said the lawsuit was filed to seek “clarity” on the rules for overseas voters.
“If there’s uncertainty, if there’s a nebulous ruling that people can’t quite know what the rules are, then the bad actors begin to play within the rules,” he told Michigan Public Radio. “So, it’s always a good thing to have clarity within the law.”
Runestad, who is also a state senator, said the ruling by the court is based on a process technicality, not the substance of the case, and is not necessarily definitive on the question. He said Republicans could file a similar challenge ahead of voting in 2026.
