The Republican National Committee (RNC) has filed a lawsuit against Michigan Secretary of State Jocelyn Benson on November 18, 2024, claiming her recent directive allowing out-of-state voters to participate in Michigan elections is unconstitutional. This legal action argues that Benson’s policy violates the state’s election laws and undermines the integrity of the electoral process.
Benson’s 2024 directive permits individuals with familial ties to Michigan—specifically those who have not lived in the state—to register and vote. According to the lawsuit, this ruling enables citizens who have never resided in Michigan to participate in state, local, and federal elections. The legal complaint states, “Michigan election officials have registered persons to vote who have never resided in Michigan and have allowed them to vote,” asserting that such actions are both “unconstitutional and unlawful.”
The RNC’s lawsuit, which also includes the Michigan Republican Party, challenges Benson’s authority, claiming she has overstepped her role by preventing the state legislature from enacting laws designed to “preserve the purity of elections.” The plaintiffs argue that the Secretary of State’s guidance effectively diminishes the legislature’s power and disregards the requirement that voters reside in Michigan for at least six months before casting a ballot.
In addition to questioning the legality of her directive, the lawsuit seeks a judicial determination on whether clerks and election inspectors must adhere to Benson’s instructions moving forward. The plaintiffs are looking for clarity on the applicability of the Secretary’s guidance to local election officials.
This lawsuit marks the second legal challenge against Benson concerning her handling of voting regulations. In October 2024, a similar complaint was filed alleging that her instructions violated Article 2 of the Michigan Constitution. The previous case was dismissed by a state court judge, who ruled that the complaint had been filed too close to the election date to be considered.
Following the filing of the latest lawsuit, efforts to obtain comments from the RNC, the Michigan GOP, and Benson’s office were made but have not yet yielded a response.
The implications of this legal battle are significant, especially amidst ongoing discussions about election integrity in the United States. As Bruce Heyman, a former Democratic National Committee strategist and U.S. ambassador to Canada, pointed out, “From all the analysis that we’ve done and seen, something like 80% of Americans abroad vote Democrat,” suggesting a complex dynamic regarding voter access and party affiliations.
As the case progresses, it will likely provoke further debate over voting rights and regulations in Michigan and beyond. The outcome could set a precedent that influences how states address the voting eligibility of individuals with ties to their jurisdictions but who do not currently reside there.
