Several recent court decisions have addressed voter information, documentary proof of citizenship requirements, mail ballot procedures, federal citizenship databases, and the counting of absentee ballots.

For Michigan voters, the immediate takeaway is that current voting procedures remain in place. Michigan’s unredacted voter file has not been turned over to the U.S. Department of Justice, documentary proof of citizenship has not been added to the federal voter registration form, Michigan’s rules for military and overseas ballots remain unchanged, and absentee ballots with missing or mismatched stubs will continue to be handled under the Secretary of State’s existing guidance.

These cases may continue through additional appeals, so VAAC will continue monitoring them.

Federal appeals court denies DOJ access to Michigan’s unredacted voter file

The U.S. Department of Justice sued Michigan Secretary of State Jocelyn Benson and the State of Michigan after the state declined to provide an unredacted copy of Michigan’s voter registration file containing confidential personal information.

On June 24, the U.S. Court of Appeals for the Sixth Circuit affirmed the lower court’s dismissal of the lawsuit. The court concluded that the federal laws cited by DOJ did not entitle the department to Michigan’s complete unredacted voter file. The court also found that DOJ had not established a proper purpose for enforcing its demand.

What this means for Michigan: Michigan’s confidential voter information remains protected from this federal request.

DOJ could ask the full Sixth Circuit to reconsider the decision through a rehearing en banc or ask the U.S. Supreme Court to review the case.

Court blocks executive order provisions affecting voter registration and mail ballots

Michigan joined other states in challenging provisions of President Trump’s executive order that sought to require documentary proof of citizenship for people using federal voter registration forms, limit the counting of mail ballots received after Election Day, and withhold federal funding from states that did not comply.

A federal district court in Massachusetts ruled that the President did not have the constitutional authority to impose those election rules and blocked the challenged provisions. The federal government has appealed that decision to the U.S. Court of Appeals for the First Circuit.

What this means for Michigan: Michigan does not have to add documentary proof of citizenship requirements to federal voter registration forms. Michigan can also continue counting eligible military and overseas ballots that are postmarked by Election Day and received within the period allowed under state law.

Nothing has changed about how Michigan voters register or vote under current law.

Court blocks use of expanded SAVE database for voter checks

The League of Women Voters and other plaintiffs challenged changes to the federal Systematic Alien Verification for Entitlements database, commonly called SAVE.

The expanded system allowed agencies and participating states to use consolidated citizenship and Social Security information for voter list reviews. The plaintiffs raised concerns about privacy, inaccurate or outdated information, and the risk that eligible citizens could be incorrectly identified as noncitizens.

On June 22, a federal district court in Washington, D.C., ruled that the changes violated federal privacy and administrative laws and blocked continued use of the expanded system.

What this means for Michigan: Michigan was not using the expanded SAVE system for voter list maintenance. The ruling also prevents the challenged system from being used to provide broader access to voters’ Social Security numbers and other private information.

The federal government may appeal the decision.

Michigan Court of Appeals upholds absentee ballot stub guidance

The Republican National Committee challenged Michigan Secretary of State guidance concerning absentee ballots returned with a missing or mismatched ballot stub.

The Michigan Court of Appeals reversed a lower-court ruling that would have required clerks to follow a new ten-step procedure. The appeals court held that Michigan law does not prohibit election inspectors from tabulating these ballots as challenged ballots under the Secretary of State’s guidance.

What this means for Michigan: Clerks should continue following the existing guidance. If a stub is not found inside the return envelope, the ballot is treated as a challenged ballot and tabulated rather than automatically rejected.

The plaintiffs may ask the Michigan Supreme Court to review the decision.

Lo que los votantes de Michigan deben saber

These decisions do not require Michigan voters to take any new steps.

Michigan voters can continue registering and voting under current Michigan law. Eligible voters do not need to provide a passport or birth certificate when using the federal voter registration form, and Michigan’s current absentee voting procedures remain in effect.

The rulings are important, but several of the cases could continue through appeals. VAAC will share additional updates if a higher court changes any procedure affecting Michigan voters.