MI Voting Rights Group Asks Court To Put Proposal On Ballot After Election Panel Deadlocks

MICHIGAN — A voting rights group asked the Michigan Supreme Court Thursday to place a proposal expanding voting rights on the November ballot after election officials voted to keep the petition off the ballot.

The Michigan Board of State Canvassers panel rejected the Promote the Vote proposal when they voted in a tie, with two Democrats voting in favor and two Republicans voting it down.

The two Republican officials, Tony Daunt and Richard Houskamp agreed with challengers about possible defects in the petition, while the two Democrats, Mary Ellen Gurewitz and Jeannette Bradshaw argued the board should focus on certifying the signatures and not "engage too much with the content of the proposal."

The Defend Your Vote challenge attacked the petition, arguing it failed to clearly demonstrate which sections of the state's constitution it would repeal, or "alter and abrogate." They listed five provisions that would affect state lawmakers' authority to deny voting rights based on "mental incompetence or commitment to a jail or penal institution," as well as the date of elections and the ability of voters to initiate legislation.

Promote the Vote argued in a lawsuit the sweeping election changes in the petition would not "wholly" replace any existing provisions in the state's constitution. Therefore, the petition and its changes to Michigan's election laws do not violate the state's constitution, according to the lawsuit.

Lawyers for Promote the Vote also argued in the lawsuit that it's too late in the process for state canvassers to review the challenge after the petition had already gained enough signatures to qualify for the November ballot, something Gurewitz seemed to agree with, saying the challenge turns them into constitutional lawyers.

Moreover, Gurewitz indicated the board should not decide judicial questions and asked Promote the Vote attorney Chris Trebilcock if the board even has the authority to do so.

"The time to make those challenges is after the people have voted on it," Trebilcock said.

However, Republican canvassers fought back, arguing they cannot ignore potential defects in the petition and even suggested they may have approved a defective form before it was circulated among voters.

Nonetheless, Promote the Vote feels confident voters will have an opportunity to vote on its proposal, which they say will make voting easier and more accessible in Michigan.

"We are hopeful the Michigan Supreme Court will place this important proposal on the ballot, despite the Board of State Canvassers’ partisan deadlock," Board President for Promote the Vote 2022 Khalilah Spencer said. "The ‘challengers’ have made frivolous arguments to block this proposal."

"More than 664,000 Michigan voters signed our petition to place the fundamental right to vote in Michigan’s Constitution and their voices should not be silenced," she added. "It’s time to get partisan politics out of the way and let the people of Michigan decide."

The lawsuit asks the court to consider a decision by Sept. 8, since the deadline for proposals to get on the ballot is Sept. 9.

The voting rights ballot gained more than 664,000 signatures from Michigan voters, of which election officials determined roughly 507,000 signatures are considered valid, more than the 200,000 needed for a constitutional amendment.

The petition would expand the state's voting rights in numerous ways, such as requiring at least nine days of early in-person voting; banning harassment at polling places; allowing voters to fill out a single application to vote absentee for all future elections and allowing donations, which must be disclosed, to fund elections.