LANSING, Mich. — Michigan Secretary of State Jocelyn Benson’s 2022 poll challenger guidance can be enforced in spite of challenges from the Michigan Republican Party.
The Michigan Supreme Court granted the Secretary of State's motion for a stay on Thursday. The Court of Claims ruled in October, ordering the Secretary of State to undo the updates to the Election Manual's guidelines for poll challengers. The Court of Claims found the Secretary of State did not follow the requirements of the state's Administrative Procedures Act when making those changes.
The Michigan Supreme Court's decision puts the Court of Claims' ruling on hold, while the State Court of Appeals considers the case. The Secretary of State submitted a bypass application to the Supreme Court in late October, after the Court of Appeals did not issue a stay or rule on the case before October 26.
The Election Manual acts as a guide for local clerks and election workers as well as poll watchers and election challengers during elections.
The Supreme Court's order effectively keeps the 2022 manual in effect through the midterm election.
Secretary of State Jocelyn Benson issued the following statement in response to the Supreme Court's decision:
"We've long been confident in the legality of the Michigan Bureau of Elections' guidelines surrounding election challengers and their rightful balance providing transparency while protecting voters and poll workers from disruptions and intimidation.
"In a moment when we often see lawsuits filed not to enforce the law but instead to cause confusion and further partisan strategies, I am grateful to the Michigan Supreme Court for providing clarity to all voters and election officials that the challenger guidelines and protocols used in previous elections will remain in effect for next week's general election."
The Michigan Republican Party also released a statement following the Supreme Court order:
“Justice Viviano got it right that Secretary Benson’s new rules limit the ability of election observers to challenge the integrity of the election and make the vote-counting process less transparent. It is unfortunate that Benson, with Dana Nessel enabling her, is refusing to follow Michigan law and the Democrat majority at the Michigan Supreme Court has now used a procedural issue to allow Benson’s illegal Rules to proceed through this election. The Michigan GOP strongly disagrees and will continue to fight for a transparent and honest election process. It should be easy to vote and hard to cheat.”
Michigan Attorney General Dana Nessel said the following about Thursday's Supreme Court ruling:
"This important action by the Court ensures protections for poll workers and confidentiality for Michigan voters.
"Guidance issued by the Bureau of Elections and used in August for the 2022 primary will remain in effect for the election on November 8. Changes to that guidance at this late date would have caused unnecessary confusion for election workers and voters."
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