Judge rules on Michigan Secretary of State’s signature verification rule

by | Jun 13, 2024

A Michigan judge has ruled against Democratic Secretary of State Jocelyn Benson's lenient signature verification guidance, following a lawsuit from the Republican National Committee (RNC).

 

Michigan Court of Claims Judge Christopher Yates declared on Wednesday that the “initial presumption” of validity in signature verification for absentee-ballot applications and envelopes, as outlined in Benson's December 2023 guidance manual, conflicts with the Michigan Constitution and state laws.

The lawsuit was filed by the RNC, the Michigan Republican Party, and the National Republican Congressional Committee.

In 2020, Benson had issued guidance to local election officials that included a presumption of validity for voters' signatures on absentee-ballot applications and absentee ballots. This guidance was challenged and struck down by the court in March 2021. However, Benson issued new guidance in 2022, which also included a presumption of validity for voters' signatures.

The December 2023 guidance manual reiterated this stance, stating, “[v]oter signatures are entitled to an initial presumption of validity.”

Judge Yates ruled the “initial presumption of validity” portion of the 2023 guidance manual unconstitutional. However, the judge allowed the manual to retain explanations for why signatures might vary, such as due to age or hurried writing.

 

Read the ruling here.

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