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Michigan Judge Rules Secretary of State Jocelyn Benson’s Election Manual Is Unconstitutional and Against State Law in RNC Lawsuit

by Rich Welsh
June 17, 2024
in Opinion, Politics
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Michigan Judge Rules Secretary of State Jocelyn Benson’s Election Manual Is Unconstitutional and Against State Law in RNC Lawsuit
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Michigan Judge Christopher Yates just ruled that Secretary of State Jocelyn Benson’s Election Manual is not only unconstitutional but is also in violation of state law. Judge Yates also tightened the rules on absentee ballots, mandating that they implement a strict signature verification process. This makes it difficult for Democrats to manufacture hundreds of thousands of counterfeit votes.

BREAKING: A Michigan judge just ruled that the Democrat Secretary of State's election manual issued to local election officials is unconstitutional & against state law. He is also mandating strict signature verification for mail in votes in the upcoming 2024 election

"The Court… pic.twitter.com/mVmq7QA4td

— George (@BehizyTweets) June 13, 2024

Here is Judge Yates’ conclusion:

For all the reasons set forth in this opinion, the Court declares that the “initial presumption” of validity in signature verification of absentee-ballot applications and envelopes mandated by the December 2023 guidance manual issued by defendants is incompatible with the Constitution and laws of the State of Michigan.

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For similar reasons, the Court declares that the catch line referring to an “initial presumption of validity” in R 168.22 is incompatible with the Constitution and laws of the State of Michigan.

Accordingly, those provisions must be excised from the guidance manual and the catch line in R 168.22. In contrast, the Court concludes that R 168.24 is permissible under the Michigan Constitution and the law of the State of Michigan in all respects, so the Court shall deny the plaintiffs’ request for declaratory relief with respect to Rule 4.

Finally, because the Court has ruled in the plaintiffs’ favor on the merits in addressing the guidance manual, the Court need not consider whether the guidance manual was promulgated in violation of the AP A. The Court hereby invites the plaintiffs to submit a proposed judgment under MCR 2.602(B)(3) memorializing the Court’s rulings and, if appropriate, closing the case.

WKAR reported:

Benson, a Democrat, says it’s necessary to implement a voting rights amendment to the Michigan Constitution that passed in 2022. The Republican National Committee is among the plaintiffs challenging the guidelines.

Assistant Attorney General Heather Meingast represented the secretary of state in Monday’s Court of Claims arguments. She said the guidance will help local clerks know what to look for when they are comparing signatures on ballot sleeves against what is on file.

“That’s exactly what this rule does – it fills in some gaps, giving clerks some understanding of discrepancies and significant dissimilarities,” Meingast said. “Otherwise, you have nothing. There’s zero guidance on what’s a significant discrepancy.”

The plaintiffs include the RNC, the Michigan Republican Party, a township clerk and others. They argue the guidance puts a spin on the rules that leaves too much room for mistakes or mischief.

GOP attorney Robert Avers said the guidelines are not necessary.

“There are a lot of safeguards built in that prevent disenfranchisement,” he said, adding the constitution’s early voting window gives voters and election officials time to correct discrepancies. He said, for example, the law requires that voters get a text when an absentee ballot is rejected.

 

Tags: attempted cheatingJocelyn BensonMichigan
Rich Welsh

Rich Welsh

Rich is a syndicated opinion writer who writes about politics, culture, liberty and faith. Subscribe to our YouTube channel at https://youtube.com/@rpwmedia?sub_confirmation=1

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