Michigan; Gun groups sue Secretary of State for banning open carry at polls on Election Day | Taylor DesOrmeau/MLive
A trio of Michigan gun rights groups are suing Michigan Secretary of State Jocelyn Benson over her directive for local clerks to prohibit the open carry of firearms at the polls on Election Day.While Benson argues the ban is within her powers to make elections safe, the lawsuit in the Michigan Court of Claims argues it forces people to choose between their right to vote and their right to bear arms.“One must choose one right or the other, but not both,” plaintiffs argue in the lawsuit, if the ban stands. … Benson sent guidance on her directive to all clerk’s offices on Oct. 16. As Michigan’s chief election officer, state law says Benson has supervisory control over elections. Benson also cites MCL 168.31, saying she has the authority to issue policy directives for polling places. A separate law prohibits bribing, influencing, deterring or interrupting people from voting. None of the laws mention guns. “We want to recognize that the threat of open carrying of firearms can create a threatening environment through both visual and other ways,” Benson said earlier this week. Some law enforcement agencies have said they won’t enforce the directive in their polling places. Michigan State Police will enforce the ban in places where law enforcement can’t or won’t enforce it, Benson said.
