The Michigan Supreme Court is preparing to make a critical decision on the guidelines for poll challengers on election day, issued by Democratic Secretary of State Jocelyn Benson in 2022.
Background
The guidelines under scrutiny include:
- A credentialing form for poll watchers
- Rules for recording interactions
- A ban on electronic devices in absentee ballot counting rooms
Republicans claim these rules contravene Michigan election laws and argue that they should have been approved through the Legislature’s bipartisan Joint Committee on Administrative Rules, which would have allowed for a potential veto by GOP lawmakers.
Legal Arguments
In recent oral arguments, Republican attorney Robert Avers asserted that Secretary Benson bypassed the necessary legislative process, thereby invalidating the rules.
“Absent compliance with that process, the rules are invalid,” Avers stated.
Conversely, Assistant Attorney General Heather Meingast, representing Benson, maintained that the Secretary of State has the authority to implement such guidelines to ensure elections run smoothly. She argued that creating forms is a standard procedure that is typically exempt from the rulemaking process.
“Agencies making forms is a pretty routine matter,” Meingast explained. “That’s why it’s exempt from rulemaking for the most part.”
Implications
The Supreme Court’s decision is expected soon, as it will affect the polling place rules for the upcoming August primaries and the November general election. The court has a narrow Democratic majority, with four justices nominated by the Democratic state party and three by the GOP state party.
This ruling will define the Secretary of State’s authority in setting election guidelines and could have significant implications for how future elections are conducted in Michigan.