LANSING, Mich. (WLNS) — The Michigan Court of Claims ruled Wednesday that election inspectors may not count absentee ballots if the unique-identifying number on the ballot’s stub does not match the number on the return envelope, or if the stub is missing, under a 2024 change to state law.
“The law is simple: ballot stubs must match, and incomplete ballots cannot be counted,” said Republican National Committee Chairman Joe Gruters in a statement. “This ruling is a major win for election integrity and for voters who deserve confidence that every lawful vote is protected.”
Chief Judge Brock A. Swartzle said the amended statute, MCL 168.768, authorizes counting only when the numbers match, leaving no legal basis to count mismatched or stubless ballots, including “challenged” ballots. The decision partially granted a lawsuit filed by the Republican National Committee, the Michigan Republican Party and Chesterfield Township Clerk Cindy Berry against Secretary of State Jocelyn Benson and Elections Director Jonathan Brater.
The ruling is considered a victory for Republicans who have challenged Benson’s authority over elections in recent months ahead of next year’s gubernatorial race. Benson is currently the frontrunner for the Democratic nomination.
WASHINGTON, DC – SEPTEMBER 11: Michigan Secretary of State Jocelyn Benson speaks during a House Administration Committee hearing in the Longworth House Office Building at the U.S. Capitol on September 11, 2024 in Washington, DC. The hearing examined “American Confidence in Elections” while looking forward to the 2024 Presidential Election in just under two months. (Photo by Bonnie Cash/Getty Images)
“This lawsuit is another chapter in the RNC’s years-long partisan strategy to file as many meritless lawsuits against election officials as possible,” said Angela Benander, a spokesperson for Benson’s office. “Their plan is to use these court cases to cast doubt on our ability to administer free and fair elections and lay the groundwork for them to challenge any legitimate election result they don’t like.”
The court found the Secretary of State’s guidance — directing election workers to process ballots as challenged and count them — conflicts with the statute’s plain text after the 2024 amendment.
“Our Legislature could not have been clearer: if the condition is met — i.e., if the numbers match — then the ballot is to be tabulated,” Swartzle wrote, adding that when numbers do not match, or the stub is missing, inspectors have “no statutory authority” to count the ballot.
This ruling does not end the case. Swartzle ordered both sides to submit supplemental briefs by Dec. 17 on two unresolved questions: what should be done with mismatched or stubless ballots and envelopes, and whether, and how, affected voters may cure the issue. The order explicitly states it is not final.
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