The Michigan Supreme Court ruled Wednesday that Secretary of State Jocelyn Benson’s guidelines for election challengers were properly developed, allowing most of them to stay in place for the upcoming presidential election.
In a 4-3 ruling along party lines, the court determined that Benson had the authority under Michigan law to issue guidance on challenger credentials and reporting without undergoing a lengthy rule-making process.
The decision arose from a lawsuit filed by election challengers and Republican Party officials, who argued that Benson’s 2022 guidelines conflicted with state election law. The court’s majority, however, found Benson’s guidance lawful, with Justice Kyra Harris Bolden writing that, as Michigan’s chief election officer, the secretary has supervisory control over local election officials. Among the challenged rules were a uniform credential form and limits on challengers’ use of electronic devices in absentee voting rooms.
Republicans have repeatedly opposed Benson’s election rules, challenging other policies in previous years, including absentee ballot guidelines and restrictions on carrying firearms at polling locations. In their dissent, Justices Elizabeth Clement and Brian Zahra argued that the rules Benson issued should have gone through the state's rule-making process for public transparency.
Read the court ruling here.
