The Michigan Court of Appeals recently ruled on a significant case concerning absentee voting procedures, affecting how ballots are tabulated in future elections. The court reversed a lower court's decision that had imposed strict rules on the handling of absentee ballots with missing or mismatched stubs. This ruling has implications for the Republican National Committee, the Michigan Republican Party, and local election officials across the state.
The case, titled Republican National Committee v. Secretary of State, was filed in June 2026, under docket number 379136. The Michigan Republican Party and Chesterfield Township Clerk Cindy Berry were among the plaintiffs challenging the Secretary of State's guidance on absentee ballots. The court's decision is critical as it addresses the balance between ensuring election integrity and protecting voter rights.
Background
The dispute arose when the plaintiffs challenged the guidance issued by the Michigan Secretary of State regarding absentee ballots that were returned without stubs or with mismatched stub numbers. The plaintiffs argued that this guidance was inconsistent with Michigan Election Law, specifically MCL 168.768, which outlines the procedures for absentee ballot tabulation.
In September 2024, the plaintiffs filed their complaint, stating that the Secretary's guidance allowed ballots with discrepancies to be counted, which they believed undermined the integrity of the election process. The Secretary of State and the Director of Elections, the defendants in the case, contended that their guidance was lawful and necessary to ensure that valid votes were not discarded.
The Ruling
The Michigan Court of Appeals, led by Judge Rick, ruled in favor of the defendants, stating that MCL 168.768 does not prohibit the tabulation of absentee ballots with missing or mismatched stubs. The court noted that the statute does not explicitly require rejection in these cases, saying, "MCL 168.768 does not state what must happen when the numbers do not match." This interpretation allows for ballots to be processed as challenged ballots rather than automatically rejected.
The court also found that the lower court had abused its discretion by imposing a permanent injunction requiring the defendants to implement a 10-step cure procedure for ballots with discrepancies. The court stated, "The Court of Claims abused its discretion by imposing permanent injunctive relief without finding a real and imminent danger of irreparable injury." This indicates that the court believed the lower court had overstepped its authority in mandating specific procedures without adequate justification.
Impact
This ruling has significant implications for how absentee ballots will be handled in Michigan going forward. By allowing ballots with missing or mismatched stubs to be counted as challenged ballots, the court has opened the door for more flexibility in the voting process. This decision is expected to affect not only the Republican National Committee and the Michigan Republican Party but also local election officials who must navigate these new guidelines.
The court's interpretation of MCL 168.768 may also set a precedent for future cases involving absentee voting and election integrity. It emphasizes the importance of statutory interpretation in election law and the need for clear guidelines to protect both the integrity of the voting process and the rights of voters.
What's Next
The ruling can be appealed, but it remains to be seen if the plaintiffs will pursue further legal action. There are no related cases pending at this time, but this decision may influence future legislative discussions regarding absentee voting procedures in Michigan.