Michigan
Michigan Supreme Court upholds most of Benson’s changes for poll challengers guidance • Michigan Advance
Most of the guidance on election challengers provided by Michigan Secretary of State Jocelyn Benson is legal and can be used for the upcoming Nov. 5 presidential election.
That’s after a 4-3 ruling Wednesday from the Michigan Supreme Court, which decided along party lines that Benson was not required to use the full rules-making process to issue guidance on the credentialing of election challengers and the procedures by which challenges could be reported.
Writing for the Democratic-nominated majority, Justice Kyra Harris Bolden noted Benson’s authority to set the guidelines.
“Under the Michigan Election Law, the secretary of state is the chief election officer of Michigan, and as such, the secretary has supervisory control over local election officials in the performance of their duties,” she wrote.
The decision brings to a close a legal battle that began in 2022 when a lawsuit was filed by two Republican legislative candidates and three Republicans who served as election challengers. They argued that new guidance issued by Benson violated Michigan election law by requiring polling places to have an election inspector designated as the “challenger liaison” through whom all challenges would be communicated. They further argued, among other issues, against a uniform credential form for challengers, and provisions permitting challengers to be ejected from polling sites if they fail to follow instructions.
The plaintiffs, which also included the Michigan Republican Party and Republican National Committee, additionally argued that the rule changes had not gone through the Administrative Procedures Act (APA), which provides for “processing, promulgation, publication, and inspection of state agency rules.”
In October, the Michigan Court of Appeals had agreed, ruling that the Secretary of State “must follow the requirements of the Michigan Administrative Procedure Act and that under the state law a department can set new rules only after it has gone through the public notice and comment process.”
In its opinion, however, the majority overturned that decision, noting exceptions written into the law exempting from the rulemaking process “a form with instructions, an interpretive statement, a guideline, an informational pamphlet, or other material that in itself does not have the force and effect of law but is merely explanatory.”
In a dissent, Republican-nominated Justice Brian Zahra said the majority opinion that the revisions to the guidelines were merely explanatory did not square with the fact that challenges by credentialed election challengers would be “subject to the arbitrary whim of the newly designated challenger liaison who is vested by the Secretary’s new rules with authority to deem a challenge “impermissible.” The Secretary’s revisions to the manual are, in fact, ‘rules’ that must be followed and followed without a trace of public discussion, accountability, or transparency.”
Benson, in a statement after the opinion was issued, said she was grateful the court had recognized her department’s legal responsibility to issue guidelines to clerks.
“As Michigan’s chief elections officer, the authority provided by the Legislature to issue uniform guidance to more than 1,600 clerks throughout the state is necessary to ensure every eligible voter can cast their ballot, while maintaining the security of our elections and the safety of our polling places,” said Benson.
“As our guidance has consistently made clear, challengers have a right to participate in the election process and they play an important role. But election officials have a responsibility to maintain order in the polling place and ensure voters can cast a ballot without interference. This clarity will help election officials, poll workers, challengers, and voters alike as we prepare for the November General Election and beyond. As always, we are committed to following the law as we administer accessible, secure, and transparent elections for Michigan citizens.”
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Michigan
Michigan DNR confirms black bear roaming Downriver communities in furthest southeast sighting ever
FLAT ROCK, Mich. (WXYZ) — A black bear has been confirmed roaming the Carleton, Rockwood, and Flat Rock area — the furthest southeast the Michigan DNR has ever recorded a bear sighting in the state.
Watch Jeffrey Lindblom’s video report:
Two black bear sightings confirmed in southern counties
Residents near Woodruff Road first spotted the animal on a trail camera, with many initially mistaking it for a large cat. The Michigan DNR has since confirmed two black bear sightings in the area since Sunday, along with tracks to match.
Dale Hicks, a Rockwood resident, was among the first to spot the animal.
“I looked, and I said there’s a big cat by the double gate,” Hicks said.
WXYZ-TV
Neighbor Carolann Foerch said she was surprised to learn the animal had passed through her property.
“It was here and apparently walking through our back yard. He says, there’s a bear out there!” Foerch said.
WXYZ-TV
Foerch, who is originally from northern Michigan, said she welcomed the unusual visitor.
“I love the bear, you betcha,” Foerch said.
Fellow resident Corry Stanley summed up the reaction many neighbors shared.
“Guess it was a real bear,” Stanley said.
WXYZ-TV
Jan Saintamour, another Rockwood resident, called the sighting “kind of cool. Kind of odd.”
WXYZ-TV
What the DNR says
Cody Norton, a bear specialist with the Michigan DNR, said the sighting is unprecedented for the region.
“This is the furthest southeast we’ve seen,” Norton said.
WXYZ-TV
Norton described southeastern Michigan as far more developed than other parts of the state, making the bear’s appearance in the area without any reported sightings along its path especially unusual.
The DNR reports approximately 12,000 bears living across Michigan’s Upper and Lower peninsulas. Norton said the lower peninsula bear population has grown significantly in recent years.
“Our bear population in the lower peninsula has grown about 60-percent,” Norton said.
As bear numbers have risen, the animals have begun moving into areas further west and south. Norton said younger male bears in particular tend to wander in search of territory not already claimed by dominant males.
“They are able to survive and make a living in habitats we previously thought wouldn’t be suitable for bears,” Norton said.
Norton said bears would have historically inhabited this area before development pushed them out, and that as populations continue to grow, sightings in unexpected places like southeastern Michigan are likely to increase.
“Their world revolves around food,” Norton said.
What to do if you see the bear
The DNR says residents do not need to be overly concerned.
“I don’t think anyone should be too worried about this individual bear roaming around in this area,” Norton said.
Norton said there has not been a bear-related human fatality in Michigan since 1930. He added that residents do not need to worry about walking pets or letting animals outside.
However, there are steps residents can take to avoid unintentionally attracting the bear to their property:
- Secure garbage cans
- Manage bird feeders
- Do not leave pet food outside
If you do encounter the bear, the DNR advises against running. Instead, make yourself appear large, make noise, and slowly back away to a safe location.
As of now, the bear does not appear to be bothering anyone or displaying aggressive behavior. The DNR says it will continue to leave the bear alone unless it begins acting aggressively or causing property damage.
Hicks, for his part, said he plans to keep an eye out.
“I’m going to look at it and take pictures of it,” Hicks said.
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This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
NOVI — Surprise! Sakura Novi is getting yet another Michigan premiere store with the opening of TESO Life at 42688 Grand River Avenue on May 15.
The 12,000 square-foot store offers thousands of Asian-themed beauty products, collectibles, snacks, beverages and more.
“Hopefully people will like us,” said store manager Jackal Saw. “I’m excited about the whole new culture here and I see a lot of excited customers. I have faith in Michigan.”TESO Life was founded in 2017 and while the company offers mainly Japanese, Korean, Chinese and Taiwanese products that cater to a “global consumer,” it is U.S. based, with headquarters in New York City and stores sprouting up across the east and west coasts, as well as in Texas, Florida and Chicago.Novi is the 27th location for TESO Life, which has a loyal following among Asian populations, but which has fun finds for anyone with an interest in Asian culture, food and fun collectibles.
Among the most popular items are “blind boxes,” in which there are mystery collector items that Saw describes as similar to Popmart, but with different brands, including Care Bears, Lucky Emma, Maltese, Smiski and more.A wide variety of do-it-yourself kits from Rolife line shelves, offering creative challenges.
Snack aisles abound with sweet treats, including freezers full of ice cream specialties seen on TikTok and plenty of refrigerated beverages.
TESO Life in Novi has about 30 employees waiting to greet you and is open 11 a.m. to 9 p.m., seven days a week.
On opening weekend from May 15-17, spend any amount and get a free pin. Guests spending $50 or more will also get a free snack and those spending more than $100 will receive a free gift bag.
Contact reporter Susan Bromley at sbromley@hometownlife.com
Nearly a month after Michigan State University senior and Maryland native Isaiah Kirby was shot and killed by East Lansing police, his family is asking for transparency.
East Lansing police responded to the area of Abbot and Lake Lansing roads on April 15. In a press conference after the shooting, Police Chief Jennifer Brown said that when officers arrived on the scene, they found Kirby, 21, allegedly holding a bloody knife.
The Owings Mills, Maryland, family alleges that Kirby was not suffering from a mental health crisis when he was approached by police.
Family attorney Teresa Bingman said she viewed an edited police video of the encounter and disputes the department’s report.
“We did not even see a weapon in the hand of the person who was purported to be Isaiah. The face was blacked out, he was running down the street with his hands up, a telephone in one hand and a cup and some object in another,” Bingman said.
Bingman said the family is looking for more footage of the scene from bystanders and trying to learn more about what led up to the shooting. As of May 12, Bingman said they haven’t filed a lawsuit against the department.
“We want justice, whatever that means, criminal, civil, both, we don’t know yet, but as we gather facts, we’ll have a better understanding of the direction in which we can go,” Bingman said.
The family alleges that Kirby was not suffering from a mental health crisis when he was approached by police.
“Since that day, all I wanted to know was what was the truth? I didn’t ask for nothing else. I don’t ask for nothing else. I just want to know the truth of what happened behind my baby as to why he is no longer on this earth breathing,” said Kirby’s mother, Karyn Kirby.
“Truth and transparency is all we ask for. Why delay the information if you’re not trying to hide things? Puda, I love you in the morning.”
CBS News Detroit reached out to East Lansing police for comment and is awaiting a response.
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