RNC Sues Michigan Secretary of State Over Guidelines for Processing Absentee Ballots

The Republican National Committee (RNC) and Michigan Republican Party are suing Secretary of State Jocelyn Benson (D) over what they allege is “incomplete” guidance from her office on how election clerks should verify absentee ballots.

The case marks the RNC’s 16th voting-related lawsuit as Republicans amp up their election litigation ahead of the presidential race. It’s also the RNC’s fifth case in Michigan. This complaint takes issue with Benson’s guidance to election clerks, which she issued in February of 2024 and which plaintiffs say is at odds with Michigan election laws. 

Plaintiffs say the document doesn’t inform clerks of all of their requirements under the law, which stipulates that “written or stamped on each absent voter ballot return envelope must be the date” on which the absent voter ballot return envelope was received by the city or township clerk and must also contain “a statement by the city or township clerk that the absent voter ballot is approved for tabulation.”

If a clerk determines the elector’s signature is missing or doesn’t match the signature on file, “the clerk shall reject the absent voter ballot and provide the elector with notice and the opportunity to cure the deficiency.”

Despite this framework, the plaintiffs say, “it appears that local clerks may not be complying with the requirement to mark absent voter ballot envelopes with a statement that the voter’s signature has been verified.”

The complaint cites an alleged instance in which plaintiffs “recently learned that thousands of absent voter ballots were apparently tabulated during the August 6, 2024 primary election in Warren, Michigan, despite the complete absence of a statement by the clerk on the corresponding return envelope that the absent voter ballot is approved for tabulation …”

The lawsuit filed Tuesday in state court seeks a ruling that prevents Benson from implementing her ballot-processing guidance and issuing new guidelines ahead of the Nov. 5 election, and also declares that city and township clerks must comply with procedural rules on ballot-counting that are prescribed in Michigan law. Director of Elections Jonathan Brater is also a defendant.

RNC Chairman Michael Whatley said Thursday that Benson’s guidance “will undermine protections for absentee voters, leading to improper handling and counting of absentee ballots.”

The plaintiffs said in the suit that there’s “ample time” for expedited proceedings to resolve the matter before the Nov. 5 election.

Read the lawsuit here.

Read more about the case here.