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Experts say Michigan law 'has the back' of election workers and voters – WDET 101.9 FM

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Experts say Michigan law 'has the back' of election workers and voters – WDET 101.9 FM


Experts say election workers and even voters face an almost unprecedented amount of tactics designed to intimidate them.

A recent poll from Bloomberg/Morning Consult found that roughly 50% of registered voters across a group of swing-states — including Michigan — aren’t confident the election and its aftermath will be free from violence.

But a new analysis finds both federal and Michigan law offer ample protections against bullying at the polls.

The Brennan Center for Justice at the New York University School of Law studied voters’ rights in political battleground states including Michigan.

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Senior Counsel Eliza Sweren-Becker says anyone encountering trouble at the ballot box has many options available to defend themselves.

Listen: Experts say Michigan law ‘has the back’ of election workers and voters


The following interview was edited for clarity.

Eliza Sweren-Becker, Brennan Center for Justice: Federal law sets a floor preventing and prohibiting intimidation of voters and election officials. And those laws are quite strong. They’ve been on the books for a long time and they’ve been enforced for many, many years. The states can go above and beyond that floor to protect voters against intimidation. And they do, in fact, do that. The laws that are specific to Michigan are really complimentary and consistent with the existing federal laws. They’re enforced by different prosecutors as opposed to U.S. attorneys and employees of the U.S. Department of Justice. The laws in Michigan also go to some of the more specific election-related issues that may be occurring in Michigan. For example, Michigan law places a number of guardrails around voter challenges. And that’s something that federal law doesn’t get deeply in the weeds of. But Michigan law constrains them in a number of different ways.

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Quinn Klinefelter, WDET News: There was a controversy at the central Detroit location where they counted votes in the last presidential election. Officials moved some observers out, they complained that they were getting in the way of counting votes, more or less. And those poll watchers claimed that they were being sent out of the area so that they would not see any fraud being committed. What do you suggest either the poll watchers or the workers do in such a situation?

ES: Not knowing the specifics, if those who were present at the vote-counting site were intimidating the election workers or disrupting the election processes, then the election officials and workers were appropriately removing folks. Election observers remained at that vote-counting site and nothing inappropriate happened as a result of those removals. The thing that was inappropriate was the disruptive and intimidating conduct.

QK: Are there any differences in Michigan’s voter intimidation laws as opposed to other states that surprise you in any way?

ES: The protections against intimidating election officials in Michigan, for example, are quite specific. And that’s an issue that we’ve seen come up in Michigan in recent years. And so, the law affords particular protections for election workers and officials explicitly in the Michigan code. And while it’s true that every election worker and poll worker is protected against intimidation, the level of specificity may differ in certain states. It’s a clear and strong protection for election officials and election workers in Michigan.

QK: That’s certainly become an issue in Michigan, as many election workers have talked about fear over their safety, not just during election day or when they are counting votes, but they oftentimes get threatening voicemails or other things directed at them even after a certain candidate has lost. Are there steps that can be taken either during the actual vote counting if intimidation occurs, or something else that election workers can do nowadays, compared to the past, if it happens before or after election day?

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ES: If there are issues that are occurring at a polling place, for example, intimidation by a poll watcher or a challenger, poll workers in Michigan have the authority to remove that disruptive or intimidating poll watcher or challenger from the voting premises. So it’s not just a remedy after the fact. But if there’s instances of misconduct, as they’re occurring poll workers have the power to stop that in its tracks.

QK: If something develops that’s of concern on election day itself, a lot of times you’ll hear major political parties say, “We have attorneys at the ready.” And they say they’ll go to court to make sure that this or that is addressed in some way. For the various workers or voters, for that matter, who might be waiting to cast their vote or in the midst of doing so, what would you suggest they try to do? Especially if they don’t seem to have a group of attorneys at the ready. Are there particular ways that they should protest that they feel like they are being intimidated, or particular officials they should protest that to?

ES: Yes. If somebody is going to the courthouse to vindicate voting access and voting rights, typically the remedy they might get is, for example, an extension of polling place hours to ensure that voters have the opportunity to cast their ballots and any disruption that may have taken place doesn’t infringe on the number of hours that voters are entitled to be able to vote on election day. But in the moment of intimidating or disruptive conduct, the first thing I’d recommend is that a voter alert an election worker to that conduct. Those workers, again, have the authority to maintain order within the polling place. And voters can also call a nonpartisan election protection hotline if they are observing anything that they think is out of the ordinary, that is disruptive, that is intimidating. That is a way to pass along those concerns and complaints. And it could enable that person or set of voters to actually get representation if needed, because nonpartisan lawyers participate in that election protection hotline to make sure that every vote cast counts on election day. That number for election protection is (866) “OUR-VOTE.” There are strong existing state laws and federal laws — including state laws in Michigan — that protect voters from intimidation, election interference and disruption. And laws that likewise protect election officials and election workers. So while it’s something that we are watching very closely, voters and election officials should know that the law has their back.

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  • Quinn Klinefelter is a Senior News Editor at 101.9 WDET. In 1996, he was literally on top of the news when he interviewed then-Senator Bob Dole about his presidential campaign and stepped on his feet.

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Bullough’s back: Ex-linebacker to be Michigan State co-defensive coordinator

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Bullough’s back: Ex-linebacker to be Michigan State co-defensive coordinator


A fan-favorite Spartan is coming back as an assistant coach.Max Bullough, a former MSU linebacker who has spent the past two seasons coaching linebackers at Notre Dame, is coming back to East Lansing to be a co-defensive coordinator and linebackers coach, Bullough confirmed in a biography change on X (formerly Twitter).

The move is a promotion for Bullough, who was a linebackers coach at Notre Dame the past two seasons. Bullough will serve alongside incumbent MSU defensive coordinator Joe Rossi, who The Detroit News confirmed last week is staying on Pat Fitzgerald’s first staff in East Lansing. Fitzgerald replaced Jonathan Smith, who went 5-19, 4-14 Big Ten in two seasons.Bullough, 33, played for Michigan State from 2010 to 2013, under head coach Mark Dantonio and defensive coordinator Pat Narduzzi. He played immediately as a freshman and appeared in 53 college games, logging 284 tackles, eight sacks and three interceptions.

He missed his final game — the 100th Rose Bowl against Stanford in 2013 — because of an unspecified violation of team rules. He never spoke publicly on the issue, though he was asked at the NFL Combine.Michigan State went 42-12 in Bullough’s four seasons with the Spartans, and 25-7 in Big Ten play, including the conference title in 2010 and 2013.After a brief NFL career with the Houston Texans and, in 2018, a stint on the Cleveland Browns’ practice squad, Bullough got into coaching. He served as grad assistant for Cincinnati in 2019 under Luke Fickell, Alabama from 2020 to 2022 under Nick Saban (winning the College Football Playoff in his first year) and Notre Dame under Marcus Freeman in 2023. Freeman kept Bullough on as his linebackers coach last year, a season in which the Irish made it to the national championship game before losing to Ohio State.

Earlier this season, Bullough went viral in August for a video of him describing his detail-oriented approach during fall camp, citing knee bend and square tackling “when the s—‘s hard.”

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Notre Dame finished the season 10-2, on a 10-game win streak, when it was left just outside the College Football Playoff bracket. Freeman and his team opted out of a bowl game, after terse words on the snub from AD Pete Bevacqua.Bullough coached a number of NFL draft picks in his career, including Dallas Turner (Minnesota Vikings), Christian Harris (Houston Texans), Henry To’oTo’o (Houston), Drew Sanders (Denver Broncos) and Jack Kiser (Jacksonville Jaguars).

Bullough won’t be the first in his family to coach at Michigan State. His grandfather, Hank, was an MSU guard and linebacker who won a national championship in 1952. Hank was also a well-regarded assistant coach on Duffy Daugherty’s staff from 1959 to 1969, including the national title teams in 1965 and 1966. He then went onto a pro coaching career that included stops with seven teams, including a head coaching tenure with the Buffalo Bills from 1985 to 1986.

After a year as the Detroit Lions’ defensive coordinator in 1993, he finished his coaching career with a homecoming to Michigan State, where he was an assistant on George Perles’ final team. He died in 2019.

cearegood@detroitnews.com

@ConnorEaregood

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Greg McElroy reveals two coaches for Michigan search if Kalen DeBoer turns down job

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Greg McElroy reveals two coaches for Michigan search if Kalen DeBoer turns down job


With what transpired yesterday regarding Sherrone Moore, the latest opening on the coaching carousel now belongs to Michigan. Now, several names once thought to no longer be candidates elsewhere could be again with this availability as of yesterday in Ann Arbor.

Greg McElroy also discussed possible names who could be hires for the Wolverines in appearing on ‘SportsCenter’ on Thursday morning. That began with him addressing the candidacy of Alabama’s Kalen DeBoer, whose name has reportedly come up to an extent this cycle, but certainly so after yesterday in this search specifically, depending on how he may feel about his future with the Crimson Tide.

“I’d start with Kalen DeBoer,” McElroy said. “You gotta wonder, though, is Kalen DeBoer really interested, and what do the optics look like? Kalen DeBoer is the ultimate competitor. Would he leave Alabama? It would look like he was running? I don’t know if he’s truly going to consider it, but it is Michigan. It’s a great job, and you have to listen to what they’re proposing.”

Through two seasons in Tuscaloosa, DeBoer is 19-7 (.731), including being 10-3 this season in making the SEC Championship and returning the Crimson Tide to the College Football Playoff. That’s not to mention all the successes he has had elsewhere coaching in college, namely as a head coach at Sioux Falls, Fresno State, and Washington, in which he led the Huskies all the way to an appearance in the national title game against, ironically, Michigan. However, despite some of his successes at ‘Bama, DeBoer did have his name come up to some point in rumors during the search at Penn State, and is seeing it come up even further now in this new one at Michigan.

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From there, McElroy named three other possible candidates for the maize & blue. He first said two other college options in Louisville’s Jeff Brohm, who’s 27-12 (.692) the past three seasons with the Cardinals, and Washington’s Jedd Fisch, who’s 14-11 (.560) the past two seasons with the Huskies while also having ties to the program having spent two years on the offensive staff for the Wolverines. He then also named another option with connections to the program in Jesse Minter, who was their defensive coordinator for two seasons under Jim Harbaugh and is still with him now with the Los Angeles Chargers, but with McElroy noting that it may be time for Michigan to move on from those involved in or connected to their past two tenures.

“Ultimately, I think this will come down to either Jeff Brohm at Louisville or Jedd Fisch at Washington. I think those are probably the two best candidates,” said McElroy. “They have an elite quarterback in Bryce Underwood. They want someone that has a history of developing that position. Both Jedd Fisch and, if you look at what Jeff Brohm’s done in (his) career? They’ve done a great job.”

“And Jesse Minter is the other name to keep an eye on, the defensive coordinator of the Los Angeles Chargers,” McElroy added. “But, like what Paul (Finebaum) just said, I think distancing themselves from the Harbaugh era? That’s what many Michigan people want at this point, given some of the hurdles that they’ve had the last two years in the court of public opinion.”

We’re less than day since this job even came open, although, based on the details, it may have been trending this way for some time, at Michigan. That leaves a lot to still unfold, including more major names like some of these ones, who could become targets in the coming time for the Wolverines.



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Michigan Senate votes to block pursuit of COVID jobless aid overpayments

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Michigan Senate votes to block pursuit of COVID jobless aid overpayments


Lansing — The Michigan Senate voted unanimously this week in favor of a bill that would prevent the state’s Unemployment Insurance Agency from continuing to try to recoup jobless aid overpayments that were made during the COVID-19 pandemic, affecting as many as 350,000 people.

Many lawmakers have reported receiving a deluge of calls from constituents, in recent weeks, after the agency began sending out letters, wanting money back from people whom state officials believe received more assistance than they should have during the pandemic. The messages came after the settlement of a three-year court battle over the repayment effort, which allowed the agency to resume collections.

Sen. Jeff Irwin, D-Ann Arbor, contended that the Unemployment Insurance Agency was demanding money back from low-income and gig workers who were simply trying to access a financial support system that was available to them in 2020.

“Somewhere along the line, in the maze of boxes that they have to check every week to stay compliant, there was one box that was unchecked,” Irwin said. “And now, the UIA comes after them alleging fraud, turning their life upside down, sending them threatening letters.”

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The Senate bill, which passed Tuesday in a vote of 35-0, would require the agency to waive the recovery of improperly paid benefits if they were distributed more than three years ago. The first cases of COVID-19 in Michigan were identified in March 2020, five years ago. The pandemic and government efforts to combat the spread of the virus spurred a rush of unemployment claims and a wave of fraud.

The bill still allows the state to seek repayments that were “the result of the claimant’s fraud.”

Both Democratic and Republican senators — Democrats have a majority in the Senate — voted for the measure Tuesday. However, it will have to be approved by the GOP-controlled House and signed by Democratic Gov. Gretchen Whitmer to become law.

Jason Palmer, the Unemployment Insurance Agency’s director, said in a statement on Sept. 8 that his staff was “legally obligated” to seek the repayments from the pandemic if they were improper. Roughly 350,000 workers with claims in collections dating back to March 2020 would be required to return the unemployment benefits they received, the agency has said.

The value of the overpayments, many of which lawmakers believe were made or sought by accident, has been estimated at $2.7 billion. The Unemployment Insurance Agency faced a tidal wave of claims and fraudulent activity during the COVID-19 pandemic, as the state’s jobless rate reached as high as 22.7% in April 2020.

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Palmer has said the overpayments primarily resulted from claimants not providing the requested or required proof of employment or income, starting a job but continuing to certify for benefits as if they were unemployed and not satisfying the required work search activities.

“In these situations, we have a legal and fiduciary duty to recover the funds,” Palmer previously said. “The unemployment trust fund is taxpayer money, and we must be responsible stewards of it.”

Much of the unemployment money in question flowed through the federal government. Many business groups, like the National Federation of Independent Business, have voiced concerns that the U.S. Department of Labor might try to force the state to reimburse the federal government for the overpayments if they’re specifically forgiven by the Legislature.

“We would still like to see a waiver or waiver language because we don’t want to see the state end up with a budget crisis,” said Amanda Fisher, Michigan state director for the National Federation of Independent Business.

Lawmakers attempted to address that concern in the bill by adding a provision that says the new policy doesn’t obligate the Unemployment Trust Fund for any amount of money.

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Brian Calley, president and CEO of the Small Business Association of Michigan, called the new language an improvement. But Calley said he wants to see a specific statement in the bill that makes it clear that employers will not be assessed any additional liability because of the policy.

Forgiving the overpayments isn’t the problem, Calley said. It’s the potential liability to the small businesses that fund the Unemployment Trust Fund, he said.

“You could inadvertently create a massive obligation for small businesses,” said Calley, a former lieutenant governor.

Senate Minority Leader Aric Nesbitt, R-Porter Township, who’s running for governor, was among 16 Republicans who voted for the bill Tuesday. He said it was a shame that lawmakers were still dealing with the “ineptitude” of Whitmer’s administration.

From the other side of the aisle, Irwin said the Unemployment Insurance Agency was acting “irresponsibly” in seeking the repayments from the pandemic.

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“They bully our residents,” Irwin said. “I’ve had residents … who have paid UIA back money, not because they owed, but because they’re scared. They’re bullied. And they’re harassed by the agency.”

Sen. Darrin Camilleri, D-Trenton, the proposal’s sponsor, called on the House to pass it next week before the holidays.

“They should do the right thing,” Camilleri said Wednesday in an interview.

cmauger@detroitnews.com



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