Michigan: Michigan Secretary of State urges clerks to replace forms that have U.S. citizenship question | Detroit Free Press

The Michigan Secretary of State’s Office is recommending that municipalities use applications to vote that don’t contain the U.S. citizenship question for the Nov. 6 election. The state is encouraging clerks to use older versions of the small forms — on which voters fill out their name, address and date of birth — without the question or obtain an adequate number of new forms without it, according to a Wednesday bulletin sent to clerks. Earlier this month, U.S. District Judge Paul Borman in Detroit granted a permanent injunction ordering Secretary of State Ruth Johnson to keep the question off the forms. But ordering new forms could cost clerks. New forms cost about $600 in Rochester Hills, City Clerk Jane Leslie said. She said her office personnel and election aides started to obscure the question on the forms but said new forms were ordered to avoid any problems. She said the question was blackened out on all applications for absentee ballots. “It’s much simpler to replace those forms,” she said. “We want to make it as simple as possible and limit disputes.”

Michigan: Voting rights coalition argues against citizenship check box on Michigan ballots | Detroit Free Press

There will be a “hitch” in the voting process if U.S. citizenship check boxes are used on ballot applications at the polls during the Nov. 6 presidential election. That’s the crux of an argument by a voting rights coalition that is challenging the use of the check boxes and is asking a federal judge in Detroit to issue a preliminary injunction to stop Secretary of State Ruth Johnson from requiring the boxes on ballot applications. “Our evidence shows there will be many jurisdictions where the voters will not be asked to check the citizenship box, others where they will be asked if there is no injunction,” Mary Ellen Gurewitz, an attorney for the coalition argued today before U.S. District Court Judge Paul D. Borman. “There will be this hitch.”

Michigan: Secretary of State Ruth Johnson ordered to appear in court for hearing in voting case | Detroit Free Press

A federal judge has ordered Michigan Secretary of State Ruth Johnson to appear in court on Friday for a hearing over her plans to require the use of citizenship check-off boxes on voter applications statewide for the Nov. 6 presidential election. Johnson’s office filed an emergency motion Monday asking U.S. District Judge Paul D. Borman to allow her director of elections, Christopher Thomas, to be substituted in her place at the hearing in Detroit. As of Wednesday, the judge had not ruled on that request, court records showed. An accompanying brief lists two reasons for the request: that Johnson has 11th Amendment immunity and that she should not be compelled to testify where a lower-ranking official has the requisite authority and knowledge.

Michigan: Citizenship question ordered off Michigan voter form | The Detroit News

A federal judge late Friday ordered Secretary of State Ruth Johnson to remove a U.S. citizenship question from ballot applications for the Nov. 6 election, citing inconsistent enforcement and potential “confusion” at the polls. “It really is a burden on the right to vote in terms of slowing things down, in terms of confusion,” U.S. District Court Paul Borman said in ruling from the bench after a six-hour hearing. Johnson, a Republican, said she was disappointed by the judge’s ruling. She questioned why she was hauled into court Friday and defended the citizenship question as a tool to root out noncitizens on the voter rolls. “This is an education tool that we found that works,” Johnson told reporters.

Michigan: Detroit will remove citizenship box from ballot applications, defies Secretary of State Ruth Johnson | MLive.com

The city of Detroit plans to remove a citizenship question from ballot applications before the November election – another direct challenge to the Republican secretary of state’s authority to require the check-off box. “There’s no mandate,” Detroit Elections Director Daniel Baxter told MLive on Wednesday. “The governor vetoed that part of the bill. There’s no legal requirement for electors to declare their citizenship when they go to vote. That’s the bottom line.” Election workers will black out the box ordered by Secretary of State Ruth Johnson, he said. Johnson spokeswoman Gisgie Gendreau said Johnson still expects local clerks to use the form prescribed by her. She said Detroit’s elections bureau – at the request of the state elections bureau – agreed on Wednesday to hold off on covering up the citizenship box until a federal judge rules in a related lawsuit. Baxter could not be reached for comment late Wednesday afternoon.

Michigan: Secretary of state defends citizenship question on ballots | The Detroit News

Secretary of State Ruth Johnson’s office said Tuesday implementation of a new citizenship affirmation at the polls has gone “relatively smoothly” in response to a federal lawsuit challenging the ballot application question. Johnson, a Republican, responded Tuesday to a federal lawsuit filed last week by the ACLU of Michigan, SEIU, the Ingham County clerk and others challenging her authority to ask voters to affirm their citizenship before they vote. In the middle of the August primary, Johnson’s office backed away from its previous instructions to deny people ballots for refusing to answer the question amid confusion about her authority to impose the question — one month after Gov. Rick Snyder vetoed a bill Johnson sought to add the citizenship question to state law.

Michigan: Court Challenge Filed Over Ballot Citizenship Checkbox | Huffington Post

A voting rights coalition is taking Michigan’s Secretary of State to court over a controversial citizenship checkboxthat appeared on primary ballots across the state this past August. The group filed a lawsuit against Secretary of State Ruth Johnson Monday in federal court. The coalition includes the American Civil Liberties Union of Michigan, UAW International, Service Employees International Union (SEIU), Latin Americans for Social and Economic Development (LA SED), Ingham County Clerk Michael Bryanton, and registered voters from East Lansing, Shelby Township, and Buena Vista Township. “The Secretary of State may be the chief election officer in the state, but she is not above the law,” Kary L. Moss, executive director of the ACLU of Michigan, said in a release. “By ignoring the administrative rule-making and legislative processes, she has thumbed her nose at the electorate and flouted the very laws she was elected to uphold. We can all agree that it should be easier to vote and harder to cheat, but cynical voter suppression tactics should not be tolerated.”

Michigan: Rights groups sue over citizenship checkboxes for voters | Detroit Free Press

A federal judge will likely decide whether Michigan voters will have to check off whether they are U.S. citizens when they go to the polls in November. A coalition of voting rights groups filed a lawsuit Monday in U.S. District Court in Detroit challenging Secretary of State Ruth Johnson’s decision to require U.S. citizenship checkboxes on applications to vote, saying the boxes are unconstitutional and violate federal and state law. Mary Ellen Gurewitz, attorney for the plaintiffs, said the group will head to court within a day or two to request a temporary restraining order and preliminary injunction. “This is a matter that has to be addressed quickly because the forms are being ordered and printed and money is being spent,” she said.

Michigan: County clerks defy ballot citizenship rule | The Detroit News

Some local election officials are resisting Secretary of State Ruth Johnson’s demand voting applications in the Nov. 6 general election that ask voters to affirm their U.S. citizenship. Clerks in Macomb County and Lansing plan to defy Johnson’s instructions and remove the question from ballot applications, and the Washtenaw County Election Commission voted Thursday to leave it off the forms after the county clerk planned to give townships and cities the option to ask about citizenship. “It seems like it doesn’t really add anything positive to the process. People have already affirmed their citizenship when they register to vote,” Lansing City Clerk Chris Swope told The Detroit News.

Michigan: Democrats propose easier military voting rules | CadillacNews.com

Minority Democrats in the state Senate introduced legislation Tuesday to make it easier for members of the armed forces stationed internationally to vote in Michigan elections. The bills would let service members’ absentee ballots be counted as long as they’re postmarked by Election Day and would allow absentee ballots to be submitted electronically, according to the office of Democratic leader Gretchen Whitmer. Another bill in the package would permit statewide online voter registration, Whitmer’s office said in a statement. “On this important day, we should recognize the American men and women who are fighting to protect our way of life and do our part here at home to ensure their rights are upheld,” said Whitmer. “No voter should be unduly disenfranchised, let alone our men and women in the military, and this legislation will protect our service members’ votes. While they are serving our country overseas, they should not lose their voice over here.”

Michigan: Secretary of State keeping citizen check-off box | The Detroit News

Michigan Secretary of State Ruth Johnson vows that a check-off box asking voters to confirm their U.S. citizenship will once again appear on November ballot applications, raising concerns among voting rights advocates who argue it’s unnecessary, intimidating and could suppress voting. Johnson defends her decision to keep the box she ordered in the February and August primary elections as a legal and appropriate extra step to ensure only citizens participate in elections — even after fellow Republican Gov. Rick Snyder recently vetoed a bill that included a requirement for voters to check a similar citizenship box. “The secretary of state has the authority under state law to prescribe forms, including the ballot application form,” said department spokesman Fred Woodhams, who added this past week she’s pressing forward after a coalition led by the nonpartisan Michigan Election Coalition said it sent her a letter urging her to “immediately halt” using the citizenship check-off.

Michigan: State Won’t Reimburse Local Governments For Special Election | CBS Detroit

A spokesperson for Governor Rick Snyder says the state will not help offset the cost of Wednesday’s special primary election held to fill former Republican Congressman Thaddeus McCotter’s seat in Washington. “This was absolutely something that the governor hoped to avoid and that was the special election that was needed. That said, the constitution and the state election law are pretty clear and it compelled the governor to act,” said Snyder spokeswoman Sara Wurfel. “And currently there is nothing that allows reimbursement to Oakland County or any local government for that matter.”

Michigan: U.S. District Court Issues Decision Explaining Why Sore Loser Law Applies to Gary Johnson | Ballot Access News

On the afternoon of September 7, U.S. District Court Judge Paul D. Borman issued this25-page opinion in Libertarian Party of Michigan v Ruth Johnson, eastern district, 12-cv-12782. He had ruled the day before that the Libertarian Party has lost this case, but only on September 7 did his opinion explain why. The decision implies on page 17 that the precedent set in 1980 by John B. Anderson, who ran in Michigan’s presidential primary and also ran as a minor party nominee, doesn’t apply because Anderson’s name wasn’t on the Republican primary ballot in Michigan. But, that implication is mistaken. Anderson’s name did appear on the Republican presidential primary ballot in 1980 and his votes were counted. The decision says that the Michigan Supreme Court had removed Anderson’s name from the 1980 presidential primary ballot. Because this writer is on vacation, and has no access to his home files or a law library, this assertion must remain a mystery for a few days, unless someone else has more information.

Michigan: Special election in Michigan’s 11th Congressional District for McCotter’s seat | WXYZ

A special election is taking place today that is costing taxpayers big bucks to fill the seat of former Congressman Thaddeus McCotter who resigned over the summer. McCotter stepped down in the 11th district after a scandal involving his staff members putting together false signatures on a nominating petition. Three former aides are facing charges. This special election will cost taxpayers $650,000. “It’s ridiculous.  It’s $650,000 of costs that are caused by the selfish decision of one man, Thaddeus McCotter, former Congressman,” said Bill Bullard, the Oakland County Clerk and Register of Deeds. Cities have to pay for this election when they did not budget for it and might not be able to afford it, yet it has to be done.

Michigan: Oakland County officials: State should pay for McCotter special election | Michigan Radio

Some officials from Oakland County are trying to turn up the heat on Lansing to pay for a special election. That election was called to replace Congressman Thaddeus McCotter, who resigned last month. Lieutenant Governor Brian Calley called for the September 5th special election to fill out just the few remaining weeks of McCotter’s term. State officials maintain it’s required by law. But that leaves local governments in suburban Detroit’s 11th district to pick up the tab. Oakland County clerk Bill Bullard, a Republican, is just one of many local officials to call this unfair. He requested last month that Lansing reimburse local governments.

Michigan: Report: McCotter should’ve been disqualified in 2010 | Politico.com

More fallout from the investigation into the nominating petition saga involving former Michigan GOP Rep. Thad McCotter. The fraudulent petition problem, it appears, reaches back beyond this year. From a Gongwer New Service report : Former U.S. Rep. Thaddeus McCotter had less than the minimum 1,000 petition signatures from registered voters to make the 2010 ballot, a Gongwer News Service analysis of those petitions shows. East Lansing-based Practical Political Consulting, the state’s top firm when it comes to voter lists, realized it had Mr. McCotter’s ballot petition signatures in its archives for all of his elections to Congress going back to his first run in 2002. The firm provided those records to Gongwer. In 2010, Mr. McCotter’s campaign claimed it submitted the maximum 2,000 petition signatures allowed. But rampant copying of petition signature pages showed at least 35 petition pages were copies.

Michigan: High number of voting machine paper jams, errors causing delay in certification of Genesee County MI election | MLive.com

The county elections supervisor says a number of jammed paper ballots inserted into counting machines during the Aug. 7 primary election resulted in errors that the Board of Canvassers is still unraveling. The board, which is responsible for certifying election results has in some cases recounted ballots in areas where the number of ballots cast didn’t initially match poll book numbers, said Doreen D. Fulcher, elections and vital records supervisor for the county Clerk’s Office. Fulcher said she believes  the only area with work still to do are in limited number of precincts in the city of Flint. “There were some ballot jams (that resulted in) ballots being fed through more than once,” Fulcher said.

Michigan: Reports of confusion, frustration over voter ID law after Michigan primary | Michigan Radio

Some Michigan voters were wrongly turned away from the polls last Tuesday after refusing to affirm their US citizenship. But some other voters—and an elections watchdog group—say they also encountered problems with misguided enforcement of the state’s voter ID law. Jennifer Gariepy she walked to her polling place in Warren to vote without photo ID. She said poll workers there told her she couldn’t vote without one—even though state law allows people without ID to vote, if they sign a legal affidavit affirming their identity. “And [I said], ‘No! That’s not right. You can’t refuse me a ballot,’” Gariepy recalled. Gariepy said the poll workers relented after awhile, and she did get did to vote–eventually. “I had to insist,” she said. “They weren’t about to volunteer that.” Hundreds of similar reports came into an election protection hotline last Tuesday, says Jocelyn Benson, head of the Michigan Center for Election Law.

Michigan: 4 GOP Congressional Staffers Indicted in “Blatant and Disgraceful” Election Fraud | Politics365

Four congressional staffers of former Republican Rep. Thaddeus McCotter (R-MI), who resigned from Congress on July 6, will face criminal felony charges for voter and election fraud in Michigan.  The charges were announced by Michigan’s Attorney General today. The election fraud, described as “blatant,” includes forgery and faking petition signatures including using old signatures from past election forms.  The voting fraud listed in the indictment report would appear to be the type of criminal activity that various voter ID laws recently passed would not have prevented.

Michigan: ‘Criminal acts were committed’ by McCotter aides forging election petitions | Detroit Free Press

Four staffers of former U.S. Rep. Thad McCotter, R-Livonia were charged today in connection with the false nominating petitions that led to McCotter’s departure from Congress. Michigan Attorney General Bill Schuette described the four as “not simply Keystone Kops running amok … criminal acts were committed.” He said the petition forgeries and cut-and-paste jobs on the petitions “would make an elementary art teacher cringe.” Schuette said the McCotter staffers also likely did the same thing in the 2008 elections, using 2006 petition signatures. … “Let me tell you this, we find any other evidence, we’ll review it in the same painstaking … thorough fashion,” Schuette said at a late-morning news conference. Schuette blasted McCotter for being “asleep at the switch,” and providing no guidance to his staffers. “They acted above the law as if it didn’t apply to them,” Schuette said.

PDF: Read the investigator’s report on McCotter staffers

Michigan: Polling Problems: Doors Closed, Voters Frisked In Detroit | CBS

Some Detroit voters were very frustrated while trying to cast their ballots Tuesday morning on the city’s west side. WWJ’s Vickie Thomas said voting started about an hour and a half late at Henry Ford High School, on Evergreen Road just south of 8 Mile, after elections workers could not get inside the building. The person who was supposed to open the school reportedly didn’t wake up in time to open the doors when polls opened at 7 a.m. The school is now part of the Education Achievement Authority and Chief of Staff Tyrone Winfrey, the city clerk’s husband, blames new personnel for the huge oversight of not having the building open on time. Unlike some voters who left after being told they couldn’t get inside to vote, Detroiter Dorian Reeves arrived at 6:55 a.m. to cast his ballot and patiently waited for the doors to open.

Michigan: Criminal charges coming Thursday in allegedly fraudulent McCotter petitions | Detroit Free Press

Attorney General Bill Schuette is scheduled to announce criminal charges Thursday arising out of the investigation of allegedly fraudulent petitions submitted in the failed attempt to qualify former U.S. Rep. Thad McCotter for the ballot. Multiple defendants will face both felony and misdemeanor charges in the case, according to a person familiar with the 11 a.m. announcement. It remained unclear whether McCotter himself was a target in the probe.

Michigan: Voters Turned Away As Citizenship Box Creates Confusion At The Polls | CBS

Some voters were reportedly turned away from the polls on Michigan’s primary election day for refusing to fill out the new “citizenship” box on their ballot application. Jocelyn Bensen, Director of the Michigan Center for Election Law, said they’ve been taking calls from confused voters across the state regarding this issue. She’s criticizing the Secretary of State’s office for failing to remind clerks that voters who decline to fill out the citizenship box must still be allowed to cast a ballot. “It has been the number one issue that we received calls on this morning,”

Michigan: Write-in votes in Republican primary could slow counting process | Detroit Free Press

It’s going to be a long night — and day — on Tuesday and Wednesday for candidates and voters in the 11th Congressional District in suburban Wayne and Oakland counties. The emergence of a vigorous write-in campaign by former state Sen. Nancy Cassis, R-Novi, means final results will be delayed until at least Wednesday afternoon. That may also slow vote tallies for issues on ballots in those communities. Local clerks will be able to determine how many votes Kerry Bentivolio, a Milford teacher, reindeer farmer, tea party activist and the only Republican who will appear on the ballot, gets on election night. But the results for Cassis — and the other two certified write-in candidates, Drexel Morton and former state Sen. Loren Bennett, both of Canton — will show up only as write-in votes after polls close. It might be possible to call a winner if Bentivolio has a significant majority of votes. But if write-ins are close to or exceed Bentivolio’s total, it gets complicated.

Michigan: Justice Department sues Michigan for failure to send absentee ballots in time to military, overseas voters | MLive.com

The U.S. Justice Department sued the state Tuesday, seeking an order requiring that hundreds of military and overseas voters who did not receive absentee ballots on time be given more time for their votes to be counted. The lawsuit – predicted late last week by Republican Secretary of State Ruth Johnson – was filed in the Grand Rapids federal courthouse. Johnson had warned that 70 of more than 1,500 local clerks did not mail or email absentee ballots to military and overseas voters on time. More than 200 others did not give the state a status update on whether they had met the 45-day deadline to do so before the Aug. 7 primary election. As of Tuesday, the number of non-responders had dropped to 24. Federal attorneys also are seeking to make sure all absentee votes are counted for the Sept. 5 special primary election in the 11th Congressional District in suburban Detroit. “Americans have fought and died for the right to vote,” said Patrick Miles, U.S. attorney for the Western District of Michigan. “We must ensure eligible voters have the opportunity to cast their vote and for it to count.”

Michigan: Townships want state to pay for special election in Detroit-area congressional district | MLive.com

Michigan townships are asking the state to pay the estimated $650,000 cost of a special election to replace former Republican U.S. Rep. Thaddeus McCotter, who resigned after an embarrassing six-week-long saga surrounding his failure to qualify for the ballot. A special primary is scheduled for Sept. 5 in the 11th Congressional District – which includes parts of Wayne and Oakland counties. “Townships and other local government entities in this congressional district have been hit particularly hard by property tax revenue declines and revenue sharing cuts,” Judy Allen, director of legislative affairs for the Michigan Townships Association, said in a statement Tuesday. “While the state may not be legally obligated to cover the cost of the special election, MTA believes it isn’t right for the significant election costs to be borne solely by struggling local governments.” The special election to serve the last two months of McCotter’s term was reluctantly called by Gov. Rick Snyder’s administration after a review of the U.S. Constitution and state law. Snyder has resisted suggestions that the state pay all or some of extra cost.

Michigan: Absentee ballot waiver sought for McCotter special election | The Detroit News

Absentee ballots for the special election to fill U.S. Rep. Thaddeus McCotter’s term were sent out Monday, a day later than allowed by federal rules. State elections officials are working with the U.S. Justice Department to get a waiver of the 45-day rule mandating how long before an election the ballots must be sent out. “The Justice Department is (very) strict on the 45 days,” State Elections Director Chris Thomas told the Board of State Canvassers on Monday. After the meeting, Thomas said there is a provision in the federal law for the Department of Justice to grant a waiver to the 45-day rule. Thomas told board members his office is “in discussions” with the Justice Department about a waiver. The tight timeframe is the result of McCotter’s resignation from Congress after a petition signature scandal. Gov. Rick Snyder’s office set Sept. 5 as the date of a special primary election to fill the remainder of McCotter’s term.

Michigan: Audit finds State spent $50M on computer system plagued with problems | The Detroit News

The state Department of Technology, Management and Budget has spent $50 million so far on a new computer system for the Secretary of State’s office that still isn’t finished after more than a decade, according to a report released Thursday. The Business Application Modernization project was launched by Gov. Jennifer Granholm and meant to modernize how the state delivers services like vehicle titles, drivers’ licenses and voter registration. Just one part — ExpressSOS for online renewal of driver’s licenses and vehicle registration — has been delivered, and even that lacks some promised features. Officials from Technology, Management, and Budget and the Secretary of State’s office said they agree with the assessment by Michigan Auditor General Thomas McTavish and have taken steps to fix problems identified in the report. “The BAM project is not an example of how major IT projects should work,” said Kurt Weiss, spokesman for Technology, Management and Budget. “The issues raised in the audit have been addressed.” The auditor identified 12 problems starting when Electronic Data Systems first won the contract in 2004 though an unfair bidding process. Hewlett-Packard Co. took over when HP bought EDS in 2008, but the project continued to be plagued by mismanagement, delays and cost overruns.

Michigan: Special election to replace McCotter could be shelved | Detroit Free Press

Republican Nancy Cassis of Novi said Friday on public television’s “Off the Record” that she may withdraw as a candidate to avoid the $650,000 cost of a special election to fill the last six or seven weeks of former Republican Thad McCotter’s Oakland-Wayne congressional seat. If no more than one Democrat and one Republican file for the Sept. 5 special primary election, the special election – which county, city and township clerks say presents an unnecessary financial burden – would be canceled.

Michigan: Governor calls for special election to fill vacancy left by McCotter | hometownlife.com

In accordance with state law and the U.S. Constitution, Lt. Gov. Brian Calley on Tuesday called a special election on Wednesday, Sept. 5 in the 11th Congressional District to fill the vacancy created by last week’s sudden resignation of U.S. Rep. Thad McCotter. State election officials estimate the cost of the special election to total $650,000 for the impacted local and county governments. The lieutenant governor’s strong preference is to save local tax dollars and spare election officials a significant burden by conducting the special primary election in conjunction with the regularly scheduled Aug. 7 primary. However, the timing of McCotter’s resignation makes that impossible. Primary ballots already were printed and absentee ballots were mailed when McCotter made his announcement. In addition, ballots must be sent to Michigan voters who are overseas or serving in the military at least 45 days before an election, which means the special primary election must be held on a different date than Aug. 7.