[DETROITNEWS] The national and Michigan Republican parties filed suit Thursday against Secretary of State Jocelyn Benson and Attorney General Dana Nessel in an effort to stop the counting of late ballots prohibited by law and changes to the rules governing ballot collection.
The complaint filed by the Republican National Committee — headed by Chairwoman Ronna McDaniel of Northville — and the Michigan Republican Party asks state Court of Claims Judge Cynthia Stephens to uphold the constitutionality of both laws. Stephens ruled last week that ballots received after Nov. 3 but postmarked by Nov. 2 could be counted.
"With no parties defending the enjoined laws, the Republican committees seek declaratory relief that the harvesting ban and ballot receipt deadline are enforceable," the Republican parties wrote in their suit.
Nessel's office is reviewing the complaint, spokesman Ryan Jarvi said. Both Nessel and Benson are Democrats.
Stephens ruled last week that Michigan clerks must accept ballots postmarked by Nov. 2, even if they arrive within 14 days after the election. She also declared that between Oct. 30 and Nov. 3, voters could choose anyone to help them submit their absentee ballots, contrary to a Michigan law that limits the assistance to family, people in the same household, mail carriers or clerk assistants.
The collection of ballots by people outside of those categories is sometimes called "ballot harvesting," and Republicans argue it opens the door for election meddling.
Within days of the ruling, the Michigan Legislature and serial litigant Robert Davis of Highland Park sought permission to intervene in the case after Benson and Nessel said they wouldn't appeal the decision to provide clerks certainty.
The RNC and Michigan Republican Party were denied intervenor status because of a court ruling in a separate case, but they hope their suit will have a similar effect. The lawsuit was assigned to Stephens, an appointee of Democratic former Gov. Jennifer Granholm.
|