The Michigan Republican Party, Chesterfield Township clerk Cindy Berry, and the Republican National Committee have filed a lawsuit against Secretary of State Jocelyn Benson, alleging her 2024 directive allowing nonresidents with Michigan ties to vote is unconstitutional and unlawful.
Benson’s guidance permits U.S. citizens who have never lived in Michigan but have a parent, legal guardian, or spouse last domiciled in the state to register and vote, provided they have not voted elsewhere, according to the state’s Election Officials Manual. The plaintiffs are asking the court to block the directive for individuals covered under the Uniformed and Overseas Citizens Absentee Voting Act and to declare the guidance violates state law.
The lawsuit claims Benson has effectively overridden the legislature, preventing it from amending the state constitution to restrict voting to residents. “Michigan election officials have registered persons to vote who have never resided in Michigan,” the filing states, adding that the Secretary’s actions are both unconstitutional and unlawful. Berry said the case seeks clarity on whether local clerks and election inspectors remain bound by Benson’s instructions.
This is the second challenge to Benson over residency-based voting rules. In October 2024, a similar lawsuit alleging violations of Michigan’s six-month residency requirement under Article 2 of the state constitution was dismissed by Judge Sima Patel, who said the filing came too close to the November 5 election.
