Meet Michigan’s ‘dead’ voters. They’re quite alive, despite false fraud claims | Jonathan Oosting/Bridge Michigan

Donna Brydges is very much alive and playing cribbage with her husband in their home near Ludington. June Aiken of Napoleon Township is “alive and well” too — “quite well, in fact,” according to police. Same goes for William Bradley of Detroit, whose father of the same name died decades ago. You wouldn't know it from social media, where supporters of President Donald Trump last week alleged voter fraud as they falsely claimed proof that Brydges, Aiken, Bradley and other Michiganders were dead but had cast ballots in the Nov. 3 election. Like many false fraud claims that have spread online in the last week, officials say the accusations were triggered by a series of isolated data input errors by some of Michigan's 1,603 local and county election clerks. In Michigan, clerks and their election workers enter voter and ballot information in a statewide database known as the Qualified Voter File. And yes, they occasionally make mistakes, as they do in every election before they are eventually caught and rectified.

Full Article: Meet Michigan’s ‘dead’ voters. They’re quite alive, despite false fraud claims | Bridge Michigan

Michigan: In poll watcher affidavits, Trump campaign offers no evidence of fraud in Detroit ballot-counting | David A. Fahrenthold, Rosalind S. Helderman and Tom Hamburger/The Washington Post

Inside Detroit’s absentee-ballot-counting center, one Republican poll watcher complained that workers were wearing Black Lives Matter gear. She thought one of them — a “man of intimidating size” — had followed her too closely. Another Republican poll watcher complained about the public address system. Workers were using it to make announcements. It was loud. “This was very distracting to those of us trying to concentrate,” he said. A third poll watcher noticed that when absentee ballots came in from military personnel, many showed votes for Democrats. He found that odd. “I can estimate that at least 80% of military ballots I saw were straight ticket Democrat or simply had Joe Biden’s name filled in on them,” the man wrote. “I had always been told that military people tended to be conservative, so this stuck out to me.” On Wednesday, President Trump’s campaign asked a federal judge to take a drastic step: block the state of Michigan from certifying the results of its presidential election. President-elect Joe Biden now leads Trump by about 148,000 votes there. To back up that lawsuit, Trump’s campaign had promised “shocking” evidence of misconduct. Instead, the campaign produced 238 pages of affidavits from Republican poll watchers across Michigan containing no evidence of significant fraud but rather allegations about ballot-counting procedures that state workers have already debunked — and in some cases, complaints about rude behavior or unpleasant looks from poll workers or Democratic poll watchers.

Full Article: In poll watcher affidavits, Trump campaign offers no evidence of fraud in Detroit ballot-counting - The Washington Post

Michigan: Detroit judge promises opinion on lawsuit alleging election fraud | Clara Hendrickson/Detroit Free Press

The attorney who brought a lawsuit against Wayne County and Detroit election officials this week claimed at a hearing Wednesday that local election officials had failed to refute claims of election fraud leveled against them and stated his right to ask the court to intervene to block certification of the election results. The lawsuit, filed by attorney  David Kallman, also asks the court to void the Nov. 3 election and order a new one. Lawyers representing local election officials denied the claims of fraud and argued that the case, if allowed to proceed, would disenfranchise voters, give credence to election conspiracies and potentially prevent Michigan from being able to appoint electors in time to cast the state's Electoral College votes. Wayne County Circuit Chief Judge Timothy M. Kenny promised to issue his ruling Friday. The lawsuit — filed on behalf of Wayne County residents Cheryl A. Costantino and Edward P. McCall Jr. — bases its claims on what it says are instances of election fraud observed at the  TCF Center, where Detroit election workers processed and counted absentee ballots cast by the city’s voters.

Full Article: Detroit judge promises opinion on lawsuit alleging election fraud

Michigan: Trump campaign says new lawsuit seeks to stop certification of election results | Dave Boucher/Detroit Free Press

The campaign of President Donald Trump said Tuesday it is suing Michigan in federal court in an effort to prevent final certification of the state's election results, as Trump continues to refuse to concede to Joe Biden or accept the outcome of the race for the presidency. The allegations of election misconduct are similar to those outlined in other lawsuits in Michigan and additional states. These lawsuits have largely not succeeded; some incorporate allegations that have been debunked or refuted, either by the Free Press or elections officials.  Attorneys for the Trump campaign said the new lawsuit would be filed Tuesday in the U.S. District Court for the Western District of Michigan. Although the bulk of the allegations appear to focus on Detroit, located on the other side of the state, the seat of state government in Lansing is located in the Western District.  As of 8 p.m. Tuesday, the lawsuit was not available in the federal court's online document system.

Full Article: Trump campaign wants lawsuit to stop certification of election results

Michigan: Detroit lawsuit alleges more misconduct in elections process | Dave Boucher and Paul Egan/Detroit Free Press

A new lawsuit seeks a judge's order blocking certification of election results from Wayne County, citing a range of allegations from Republican poll watchers and a city of Detroit election worker. The allegations include workers coaching people on how to vote, peeking at ballots to see how people voted before processing them and preventing Republican poll inspectors from being able to effectively watch the counting process. The lawsuit cites six sworn affidavits, but does not include or reference any additional evidence or proof of misconduct. They also come as Michigan and national Republicans continue to say alleged voting irregularities must be investigated before any presidential victor can be declared. David Fink, an attorney for the city of Detroit, dismissed the case as "another belated lawsuit, raising baseless allegations, trying to undermine confidence in a well-run election."  David Kallman, the Lansing attorney who represented the Owosso barber who refused to close his shop during the spring stay-at-home order related to the coronavirus, said in a Sunday news release he has filed the suit in Wayne County Circuit Court. He and others cited in the lawsuit allege fraud inside the TCF Center in Detroit, where local absentee ballots were counted. The lawsuit was formally filed Monday afternoon against the city of Detroit, Detroit Election Commission, Detroit Clerk Janice Winfrey, Wayne County Clerk Cathy Garrett and the Wayne County Board of Canvassers. Reached Monday afternoon, Winfrey said she is not doing any media interviews. Two previous lawsuits making similar allegations have been dismissed by Michigan judges. The Trump campaign's first attempt at an appeal in one case came up short — the Court of Appeals said the campaign's attorneys needed to file additional documents before it could determine what to do with the case.

Full Article: Detroit lawsuit alleges more misconduct in elections process

Michigan: Failure updating software caused Antrim County vote glitch | Paul Egan/Detroit Free Press

A failure to properly update software was the reason for a computer glitch that caused massive errors in unofficial election results reported from Antrim county, the Michigan Department of State said late Friday. And a U-M professor of computer science and engineering who specializes in voting systems and securities says it appears the snafu arose from an "unusual sequence of events very unlikely to affect any other jurisdictions." … J. Alex Halderman, the U-M professor and voting systems expert, said he has looked into the incident and determined that the problem arose because Antrim officials made a mistake before the election when they loaded a new version of the "election definition" — the data that is similar to a spreadsheet describing the races and candidates on the ballot. According to the state, the new "election definition" was loaded in October after county officials learned of two local races in which ballot information had to be updated. County officials correctly loaded the new version onto the scanners for the affected precincts, but left the old version on scanners for precincts where the ballot was not affected by the late change, Halderman said. So although the scanners in the tabulators counted all the votes in each precinct correctly, the different versions of the ballot resulted in problems and erroneous vote totals when the precinct results were combined in the election management system, a separate software package used to manage and consolidate results before they are reported to the state, he said. "Since the scanners ... used slightly different election definitions, some of the positions didn't line up properly," Halderman said. "As a result, when the results were read by the election management system, some of them were initially assigned to the wrong candidates."

Full Article: Michigan: Failure updating software caused Antrim County vote glitch

Michigan: State election agency says failure to update software caused Antrim County election glitch | Paul Egan/Detroit Free Press

A failure to update software was the reason for a computer glitch that caused massive errors in unofficial election results reported from Antrim county, the Michigan Department of State said late Friday. "The erroneous reporting of unofficial results from Antrim county was a result of accidental error on the part of the Antrim County clerk," the state agency that oversees elections said in a news release. There was no problem with the voting machines or vote totals, which were preserved on tapes printed from the tabulators, the state said. The problem occurred when the totals by precinct were combined into candidate county-wide totals for transfer to the state, using election management system software, the state agency said in a news release. "All ballots were properly tabulated. However, the clerk accidentally did not update the software used to collect voting machine data and report unofficial results." State officials did not immediately respond to questions about whether they track when and how local officials update their election-related software or whether local officials are required to report needed updates to the state, once they are completed.

Full Article: State: Failure to update software caused Antrim vote glitch

Michigan: Judge denies Trump campaign request to stall ballot count | Beth LeBlanc/The Detroit News

Michigan Court of Claims Judge Cynthia Stephens said Thursday she plans to deny a  request by  President Donald Trump's campaign to stop the counting of Michigan ballots until more poll challengers can observe. Stephens said she will issue a written order by Friday afternoon. Secretary of State Jocelyn Benson has already told local election officials to give access to poll challengers, the judge said. But the responsibility to give that access ultimately lies with the local election officials, who are not listed in the complaint.  Further, Stephens said, Michigan's count largely is completed and relief in the form of a halt to counting is unavailable. When the suit was filed at 4 p.m. Wednesday, the state had made large inroads into completing its count, she said. "I have no basis to find that there's a substantial likelihood of success on the merits as it relates to this defendant, nor am I convinced that there is a clear legal duty on the part of anyone who is promptly before this court to manage this issue," Stephens said. The suit — which alleged damages to election challenger Eric Ostergren of Roscommon County — argued that Michigan's absent voter counting boards are not allowing inspectors from each party to be present.

Full Article: Judge to deny Trump campaign request to stall Michigan ballot count

Michigan’s Antrim County election results investigated after going blue | Paul Egan/Detroit Free Press

Officials are investigating wonky election results in Antrim County in northern Michigan that could add a few thousand votes to the tallies for President Donald Trump and Republican Senate candidate John James. Antrim County Clerk Sheryl Guy, a Republican who ran unopposed and won a third four-year term Tuesday in the strongly GOP county, said results on electronic tapes and a computer card were accurate but it appeared that some of the results were somehow scrambled after the cards were transported in sealed bags from township precincts to county offices and downloaded onto a computer. In 2016, Trump won Antrim County with about 62% of the vote, compared with about 33% for Democrat Hillary Clinton. Trump beat Clinton by about 4,000 votes. Wednesday morning, Antrim results showed Democrat Joe Biden leading Trump by slightly more than 3,000 votes, with 98% of precincts reporting. Officials had not checked the results before posting them, but later asked: "How could Democrats take over this county?" Guy said Wednesday. Now, officials are going over the tape of all the results and inputting the numbers manually, Guy said. They hoped to post updated numbers Wednesday night, she said.

Full Article: Michigan's Antrim County election results investigated after going blue

Michigan: Judge orders USPS to speed up Detroit ballot delivery | Nushrat Rahman/Detroit Free Press

A U.S. District Court judge has ordered the United States Postal Service to accelerate the delivery of ballots in two regions, including Detroit, state officials announced Saturday. Judge Stanley Bastian issued the order on Friday following a status conference with USPS and a coalition of 13 plaintiff states, including Michigan, according to a news release. Michigan Attorney General Dana Nessel in August joined a coalition of states filing a federal lawsuit against the USPS following slowdowns in mail service. Along with Detroit, the post office is also required to speed up delivery in the Lakeland region in Wisconsin under the order. “The slowdown of mail delivery in our state — especially in Detroit — has had a dramatic negative impact on the timely delivery of absentee ballots,” Nessel said in the release. “This has been a serious impediment to voters who have made the effort to request, receive, vote and return their absentee ballots. The Court’s order is an important step in righting this wrong but it is only a temporary fix to an ongoing problem.”

Full Article: Judge orders USPS to speed up Detroit ballot delivery

Michigan clerks have ‘deep concern’ about violence, COVID-19 at polls | Dave Boucher Christina Hall/Detroit Free Press

It's not the surge in absentee ballots, or even the global pandemic that have Alpena City Clerk Anna Soik most concerned heading into Election Day. The clerk of the roughly 10,000-person city that rests on the shores of Lake Huron in northern Michigan is instead worried about what happens if someone fired up about the election brings a gun to a polling place. “I’m not going to lie, I am concerned about it. And we may possibly even have a police presence," Soik said. "Because I think right now, in the time that we’re in, everybody is kind of on edge, and you just don’t know how someone is going to react, so we just need to be prepared for that." Michigan election officials understand they face unprecedented challenges on Tuesday. They know someone may contract the coronavirus on Election Day, or that a woman or man with a gun may disrupt voting somewhere. They know a voting populace desperate for results will question why we do not know who won within minutes of polls closing. They are experts on absentee voting, ballot tabulation and poll worker training. They are not epidemiologists. They are not law enforcement officers.

Full Article: Michigan clerks have 'deep concern' about violence, COVID-19 at polls

Michigan: ’This is a voting right case’: Election officials appeal court ruling allowing guns at polls | Justin P. Hicks/MLive.com

Michigan’s attorney general and secretary of state are appealing a recent court ruling that struck down a ban on openly carrying firearms at all polling locations on election day. Dana Nessel and Jocelyn Benson submitted their appeal on Wednesday, Oct. 28, with an expedited relief request for 5 p.m. Thursday, Oct. 29. In the brief, they argued that the ban on open carry of firearms on Nov. 3 was to protect every Michigander’s right to vote. “Make no mistake. This is a voting rights case," reads the opening line of the state’s brief to the Michigan Court of Appeals. On Oct. 16, Benson issued a directive instructing local clerks to ban the open carry of guns at all polling places on Nov. 3. The purpose of the ban, she said, was to protect voters from intimidation. But a group of Michigan gun groups sued to invalidate it. On Tuesday, Michigan Court of Claims Chief Judge Christopher Murray granted a preliminary injunction, overturning the ban and allowing open carry at most polling locations.

Full Article: ’This is a voting right case’: Michigan officials appeal court ruling allowing guns at polls - mlive.com

Michigan judge halts Secretary of State Benson’s ban on open carry of guns at polling places | Beth LeBlanc/The Detroit Times

Michigan Court of Claims Judge Christopher Murray issued a preliminary injunction Tuesday that effectively halts Secretary of State Jocelyn Benson's directive banning the open carry of guns near polling locations on Election Day. Attorney General Dana Nessel announced almost immediately after the decision was issued that her office would appeal to the Court of Appeals "as this issue is of significant public interest and importance to our election process." The edict by Benson "smacks of an attempt at legislation" and lacks public input instead of following the regular rule-making process, Murray said during a Tuesday emergency hearing. Further, the state already has a law prohibiting voter intimidation, said Murray, an appointee of Republican former Gov. John Engler. "The Legislature has said: Here are the places you cannot carry a weapon," Murray said during the hearing. "The secretary has expanded that. And so how is that in accordance with state law?"

Full Article: Judge halts Benson's ban on open carry of guns at polling places

Michigan poll workers shouldn’t be allowed to keep poll challengers 6 feet away, lawsuit says | Taylor DesOrmeau/MLive.com

A candidate for a state House of Representatives seat is suing Michigan for requiring poll challengers to stay six feet from poll workers on Election Day – although state officials dispute the lawsuit, saying challengers are allowed within 6 feet. Republican House candidate Steve Carra, of Three Rivers, filed the lawsuit with the Michigan Court of Claims on Friday, Oct. 23, against Secretary of State Jocelyn Benson and Director of the Michigan Bureau of Elections Jonathan Brater. He’s asking the court to strike down Benson’s guidance that poll challengers and poll watchers must observe social distancing on Nov. 3. “Requiring an election challenger to maintain six feet of distance from election workers significantly impedes, frustrates, and in some instances makes impossible the full exercise of the challenger’s rights and duties,” the lawsuit alleges. But state officials say poll challengers are allowed within six feet. “This frivolous lawsuit is nothing more than an attempt to gain media attention and falsely attack the integrity of Michigan elections,” Michigan Department of State spokesperson Jake Rollow said in a statement. “The guidance issued by the Bureau of Elections allows challengers to temporarily stand within six feet of election workers to issue challenges and view the poll book.”

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.

Michigan Secretary of State faces lawsuits over open carry ban at polls | Dave Boucher and Paul Egan/Detroit Free Press

Two lawsuits were filed Thursday seeking to nullify Michigan Secretary of State Jocelyn Benson's recent directive to ban the open carry of guns at polling places and other sites on Election Day. Both suits were filed in the Michigan Court of Claims.One suit was filed by gun rights activist Thomas Lambert and three nonprofit organizations: Michigan Open Carry Inc., Michigan Gun Owners and the Michigan Coalition for Responsible Gun Owners. The other suit was filed by Robert Davis, a Wayne County activist and serial litigator. Recently, Benson sent a directive to local clerks stating the open carrying of firearms within 100 feet of a polling place, clerk's office or absentee ballot counting site would be banned on Election Day. The directive specifically acknowledges those with a license to carry a concealed weapon must continue to follow the law and guidelines that apply to where they're allowed to carry. In addition to Benson, the Lambert suit names as defendants Attorney General Dana Nessel and Joseph Gasper, director of the Michigan State Police.Benson's "pronouncement directly conflicts with Michigan's statutory scheme; makes an unsupported correlation between mere possession of a firearm and voter intimidation; and is conjured without any legal basis or authorization under Michigan law," the Lambert suit alleges.

Michigan’s voter transportation ban upheld by federal appeals panel | Beth LeBlanc/The Detroit Times

A federal appeals court panel has upheld Michigan's ban on transporting voters to the polls, overturning a Detroit federal district judge in the latest decision from a suit filed last year by a Democratic group seeking to invalidate the law. The voter-transportation law, which was challenged by the Priorities USA super political action committee, bans hiring transportation for a voter who is otherwise physically capable of walking. A violation is a misdemeanor in Michigan and punishable by up to 90 days in jail or a $500 fine.Michigan law also bans third parties from helping to deliver ballot applications unless the person is "affirmatively" asked to provide assistance.

Michigan: After botching past elections, Detroit aims to avoid a ‘black eye’ in November | Erin Einhorn/NBC

The workers had signed in. They’d had their temperatures screened. They’d filled out paperwork, and they were waiting for their training to begin when Daniel Baxter strode to the center of the room, grabbed a microphone and launched into a speech that, at times, seemed more suited to the pulpit where he preaches on Sundays than the convention center basement where he trains election workers. “Say, ‘There’s healing power!’” Baxter called to the trainees, his booming voice echoing through the cavernous exhibit hall where 75 workers sat, spaced apart, around large, rectangular tables. “C’mon, say it again,” he said when the group’s response was less than enthusiastic. “Say, 'There's healing power in troubled waters. There's healing power in troubled waters," the group repeated. Baxter, 55, a former elections director for Detroit who has been enlisted by the city to help with next month’s presidential election, didn't spell out exactly what he meant by troubled waters. He didn’t need to. Many of the people attending that Wednesday morning training last week, sitting in the very seats where they’ll be processing absentee ballots on Election Day, had signed up for this job precisely because they knew about the problems that have dogged Detroit elections in the past.

Michigan appeals court reinstates Election Day mail-in ballot deadline as early voting surge continues | Elise Viebeck, John M. Glionna and Douglas Moser/The Washington Post

A state appeals court in Michigan moved up the deadline for voters to return mail-in ballots, reimposing a cutoff favored by Republicans during a continuing surge in early and mail-in voting around the country.With a little over two weeks until the election, a panel from the Michigan Court of Appeals on Friday reversed a lower court’s ruling that said ballots could be counted if they were postmarked before Election Day and received within 14 days. The extension would have made Michigan’s deadline one of the most generous in the country. Voters in the state now must return their mail-in ballots by 8 p.m. on Nov. 3.The decision — and the plaintiffs’ plans to appeal — arrived amid further signs of record turnout in mail-in and early voting this year, continuing a trajectory that could lead to a majority of votes being cast before Election Day for the first time in U.S. history.

Michigan: GOP intransigence in Michigan could lead to a chaotic presidential election | Jon Ward/Yahoo News

A top Michigan official warned on Wednesday that, unless the Republican-controlled state Legislature passes a law to speed up the reporting of election results, it would be responsible for a chaotic and destabilizing election this fall. “Continued inaction by lawmakers, when we need their support and partnership now more than ever, will equate to a dereliction of duty,” Michigan Secretary of State Jocelyn Benson said on a conference call with reporters. Benson, a Democrat, is the state’s top election official. She wants current laws changed in order to allow vote counters to be able to open mail-in and absentee ballots at least one day before Election Day. Benson said that if clerks are not enabled to start arranging the ballots for counting before Election Day, this will increase delays in reporting the results. For one thing, she said, “every single one of [the election officials] is already going to be dealing with several other issues” on the day of the election. “That will create a space to enable bad actors to falsely raise questions about the sanctity and security of our elections. That reality has implications not just for our voters but for the entire country,” she said.

Michigan: Trump repeats false voter fraud claims as millions in Michigan request absentee ballots | Dave Boucher/Detroit Free Press

It's possible, if not likely, more Michiganders will vote by mail than in person this year. On Wednesday, Secretary of State Jocelyn Benson announced that more than 1.8 million absentee ballots have been requested and 600,000 already have been completed and returned ahead of the Aug. 4 primary. If that trend holds for the Nov. 3 general election, that means the millions of absentee ballots may make the difference in a presidential race decided in the state by the slightest of margins in 2016. Yet President Donald Trump repeated his unsubstantiated attacks on mail-in voting in a tweet Tuesday, alleging the practice may lead to a "rigged election." "Mail-In Voting, unless changed by the courts, will lead to the most CORRUPT ELECTION in our Nation’s History! #RIGGEDELECTION," the president stated in the tweet. Chris Gustafson, a Trump campaign spokesman in Michigan, did not directly address questions about the president's tweet. But he said the GOP does not oppose mail-in voting. "Republicans have always supported absentee voting with safeguards in place. What we oppose is a nationwide experiment that would eliminate those safeguards, invite fraud, and weaken the integrity of our elections," Gustafson said in an emailed statement Tuesday.

Michigan: Court denies Michigan absentee ballots that come after election | David Eggert/Associated Press

The Michigan appeals court denied a request to require the counting of absentee ballots received after the time polls close on Election Day, ruling that the battleground state's deadline remains intact despite voters' approval of a constitutional amendment that expanded mail-in voting. The court, in a 2-1 decision released Wednesday, said it is up to lawmakers to change the deadline that has been in place for at least 91 years. The League of Women Voters of Michigan and three voters sued in May, seeking a declaration that absentee ballots be counted as long as they are mailed on or before Election Day and are received within six days of the election. The plaintiffs, who will appeal to the state Supreme Court, pointed to voters' new constitutional rights to cast an absentee ballot without giving a reason 40 days before an election and to do it in person or by mail. They also noted fears of visiting polling places during the coronavirus pandemic. “We follow the view that courts should typically defer to the Legislature in making policy decisions,” Judge David Sawyer wrote, adding that organizers of the ballot drive did not include a deadline in the initiative.

Michigan: State issues more than 1 million absentee ballots, sees surge in voter registration | Todd Spangler/Detroit Free Press

Amid ongoing uncertainties about coronavirus and with the Aug. 4 primary approaching, Michigan is seeing a surge in new voter registrations and requests for absentee ballots. Secretary of State Jocelyn Benson's office provided data Wednesday showing that local clerks across Michigan have received a total of more than 1.3 million requests for absentee ballots. The data shared with the Free Press also indicated more than a million absentee ballots have already been sent out. That's about 3½ times the number of applications received and ballots issued ahead of the August primary in the last presidential election cycle in 2016. In May, Benson announced that because of fears that crowded polling places could lead to the spread of coronavirus, she would work with local clerks to ensure that all of Michigan's 7.7 million registered voters received absentee ballot applications.

Michigan: Blind voters say Secretary of State Benson broke voting promise | Paul Egan/Detroit Free Press

Blind voters in Michigan are asking a federal judge to find Secretary of State Jocelyn Benson in contempt, saying she failed to live up to an agreement to implement a system for them to vote absentee in the August primary. Blind voters Michael Powell and Fred Wutzel, along with the National Federation of the Blind in Michigan, sued Benson in April, alleging that with COVID-19 making it dangerous for blind voters to go to the polls — where they can use special equipment to vote privately and independently — the state's absentee voting system is unworkable for the blind. But on May 1, the parties in the case agreed to a consent order. That agreement required the state to introduce a Remote Accessible Vote-by-Mail system for the Aug. 4 primary, allowing blind voters to cast an absentee ballot privately and independently, just as other voters can. Under the system, blind voters could easily request and receive an accessible ballot online and read it and fill it out with existing screen reading technology, said Jason Turkish, the Southfield attorney representing the plaintiffs.

Michigan: Judge won’t immediately stop Benson’s mailing of ballot applications | Beth LeBlanc/The Detroit News

A Michigan Court of Claims judge denied a request Thursday to halt Secretary of State Jocelyn Benson's mailing of absentee ballot applications to all registered voters ahead of August primary and November general elections. Nevin Cooper-Keel, Yvonne Black and serial litigant Robert Davis argued Benson was barred from sending the applications by state law and court precedent prohibiting elected officials from mailing unsolicited absentee ballot applications. But Judge Cynthia Stephens argued those rules don't reflect the loosened voting restrictions enacted under a voting rights initiative approved by voters in 2018. And those cases, Stephen said, only spoke to "local elections officials," not the secretary of state. "...there is some support for the notion that she possesses superior authority as compared to local election officials," wrote Stephens, an appointee of Democratic former Gov. Jennifer Granholm.

Michigan: Secretary Of State Benson Comments On Risk Limiting Audit | Keweenaw Report

After the presidential primary election in March, a Risk Limiting Audit was performed, and the results have suggested that Michigan is ready for the August and November elections. Of Michigan’s 83 counties, 80 participated in the audit, and the results reinforced the accuracy and security of the results. The audit, the largest of its kind in the nation, was part of Secretary of State Jocelyn Benson’s ongoing efforts to strengthen Michiganders ability to vote. Benson had this to say. “The overwhelming participation from county and local clerks in this audit underscores the hard work they do to safeguard our elections, and their dedication to public service.” Throughout the state, 669 random ballots were selected in the audit, and they mirrored official election results within one percentage point for the leading candidates in each primary, suggesting had an actual audit been conducted, the outcome of the election would remain unchanged.

Michigan: Absentee voting push won’t cause mass election fraud, election experts say | Malachi Barrett/MLive

A push to promote absentee voting as a safer alternative during the coronavirus pandemic is not expected to produce widespread fraud, according to election experts, despite President Donald Trump’s recent attacks on mail-in voting in Michigan and other states. Concerns about the potential for COVID-19 to spread through polling places in the August and November elections motivated Michigan Secretary of State Jocelyn Benson to mail every registered voter an application to obtain an absentee ballot. The president quickly condemned the decision in a series of statements linking no-reason absentee voting to partisan election interference, claims that are considered misleading and possibly harmful by election clerks and researchers in Michigan. Testifying before Congres Wednesday, Benson said there is little evidence of election fraud in Michigan, but “in the rare times it does occur, we catch it and we prosecute it.” Benson, a Democrat, said she anticipates more politicalized attempts to confuse voters about the process of absentee voting and cause residents to “doubt the sanctity of our elections and question the accuracy of the results.” The secretary of state said attempts to misinform Michigan voters about their right to vote by mail are “antithetical to our democracy.”

Michigan: Secretary of State wants $40M from feds to hold election during COVID-19 | Beth LeBlanc/The Detroit News

Michigan Secretary of State Jocelyn Benson told federal lawmakers Wednesday that the $11.2 million in CARES Act Funding appropriated to Michigan for election challenges posed by the coronavirus is not enough. Benson told the Subcommittee on the Constitution, Civil Rights and Civil Liberties of the U.S. House Committee on the Judiciary that she still needs roughly $40 million more to adjust election procedures in light of the COVID-19 pandemic. "Democracy can and will survive this pandemic, but we need your ongoing help," the Detroit Democrat said. The testimony comes nearly two weeks after President Donald Trump threatened Michigan funding over Benson's decision to mail absentee ballot applications to qualified Michigan voters ahead of the August and November elections. The state already allows voters to cast ballots by mail for any reason. Benson announced Tuesday that she will mail all of Michigan's 7.7 million voters an absentee voter application, an effort first employed in the May 5 election to curb in-person voting amid the coronavirus pandemic.

Michigan: With Trump threatening Michigan, lawsuit filed to expand rights of absentee voters | Todd Spangler/Detroit Free Press

Michigan's statutory requirement that all absentee ballots be returned by 8 p.m. on Election Day in order to be counted is being challenged in court. The League of Women Voters, represented by the American Civil Liberties Union and former state Democratic Party Chairman Mark Brewer, filed the lawsuit Friday in the Court of Appeals against Secretary of State Jocelyn Benson in her official capacity as Michigan's top elections official. It claims that a law in place since at least 1929 in Michigan that requires absentee ballots be received by a local clerk's office by 8 p.m. on Election Day to be counted runs counter to what the lawsuit says is an "unqualified, unconditional state constitutional right for registered voters to vote in all elections by absentee ballot." In 2018, no-reason absentee voting passed by state referendum, giving voters the right to cast absentee ballots by mail or in person beginning 40 days before an election. Since regular mail can often take days, the lawsuit says the old rule conflicts with the intention of the state referendum to expand absentee voting.

Michigan: Trump misstates Michigan mail-in ballot policy, threatens federal funding | Zach Montellaro and Quint Forgey/Politico

President Donald Trump mischaracterized Michigan’s absentee ballot policies on Wednesday while threatening federal funding to the state if election officials there do not retreat from measures meant to facilitate mail-in voting. The ultimatum from the White House, which Trump tried to downplay later in the day, comes as Michigan, a state crucial to Trump’s reelection chances, combats the fallout from a particularly severe coronavirus outbreak. “Breaking: Michigan sends absentee ballots to 7.7 million people ahead of Primaries and the General Election,” Trump tweeted. “This was done illegally and without authorization by a rogue Secretary of State. I will ask to hold up funding to Michigan if they want to go down this Voter Fraud path!” He then followed up with another message mentioning the official Twitter accounts for acting White House budget director Russ Vought, White House chief of staff Mark Meadows and the Treasury Department. Hours later, the president deleted his original tweet and re-sent a similar tweet that said "absentee ballot applications" without noting his original mistake. The president’s tweets inaccurately described a recent policy change in Michigan, where Secretary of State Jocelyn Benson, a Democrat, announced Tuesday that all of the state’s registered voters would be mailed absentee ballot applications for the August down-ballot primaries and November general election — not a ballot directly.