Dave Bondy
Politics • Culture • News
Court Ruling Requires Clerks to Strictly Verify Absentee Ballot Signatures
Court Ruling Deals Blow to Benson, Mandates Strict Verification of Absentee Ballot Signatures
June 12, 2024
post photo preview

LANSING, Mich. In a significant ruling, the Michigan Court of Claims declared that key provisions of the state's guidance manual on absentee ballot signature verification are unconstitutional. The court's decision underscores ongoing legal debates about election laws and the balance between preventing fraud and ensuring voter access.

The court ruling struck down parts of Michigan's guidelines for verifying absentee ballot signatures, stating they conflicted with state laws. This decision mandates that election clerks must strictly verify each signature without assuming validity, emphasizing the need for rigorous adherence to legal standards in the absentee voting process.

Click here to read the court ruling.

Support my independent journalism by becoming a paid subscriber. I walked away from the MSM and need your help to keep doing this. It’s $5 a month. You can quit at any time.

Background of the Case

The case arose from a lawsuit challenging the December 2023 guidance manual issued by Michigan election officials. This manual included an "initial presumption of validity" for the verification of signatures on absentee ballot applications and envelopes. Plaintiffs argued that this presumption conflicted with the Michigan Constitution and the state's election laws, specifically citing Michigan Compiled Laws (MCL) 168.766a and other related statutes.

Court's Findings

Judge Christopher P. Yates, who presided over the case, delivered a detailed opinion addressing the plaintiffs' concerns. The court found that the "initial presumption of validity" in the signature verification process was incompatible with the Constitution and laws of Michigan. This ruling mandates the removal of these provisions from the guidance manual.

In particular, the court highlighted that:

  1. The "initial presumption" undermines the statutory requirements for verifying signatures, potentially allowing invalid ballots to be counted.

  2. The provisions in Rule 168.22, which also referenced an "initial presumption of validity," must be excised from the guidance manual to comply with state laws.

Upheld Provisions

Despite these findings, the court upheld Rule 168.24 of the guidance manual. Plaintiffs had claimed that Rule 168.24 also conflicted with Michigan law, but the court found this rule to be permissible under the state constitution and statutes.

Conclusion and Next Steps

The court's ruling provides a mixed outcome for both parties. While plaintiffs succeeded in challenging the "initial presumption of validity," their request for declaratory relief concerning Rule 168.24 was denied. Judge Yates invited the plaintiffs to submit a proposed judgment to formalize the court's rulings and, if appropriate, close the case.

This decision marks another chapter in the broader national discourse on election integrity and voter access. It underscores the need for clear and constitutionally sound guidelines in the administration of elections, particularly in the verification of absentee ballots.

Implications

The ruling may lead to changes in how absentee ballots are processed in Michigan, with potential ripple effects in other states with similar laws. Election officials will need to revise their procedures to ensure compliance with the court's directives, balancing the prevention of voter fraud with the facilitation of voter participation.

community logo
Join the Dave Bondy Community
To read more articles like this, sign up and join my community today
0
What else you may like…
Videos
Posts
Articles
Neighbors helping neighbors in Kerr County, Texas

I spoke with Janice Riley, who lives just two miles from the deadly flooding in Kerr County, Texas.

Janice is stepping up to help her neighbors in the wake of the flooding. If you’d like to support relief efforts, visit the Kerr County Sheriff’s Office Facebook page for a list of reputable organizations accepting donations.

00:11:54
Some people are blaming the Trump administration for the flooding.
00:01:35
Despite Gunfire and a High-Speed Chase, Police Say New Michigan Laws Stopped Them from Jailing Seventeen-Year-Old

GRAND BLANC, Mich. — A 17-year-old suspect was released Friday following a high-speed police chase that ended with a handgun being thrown from the vehicle and discharging into the car, according to law enforcement officials.

The pursuit occurred June 27 and involved multiple agencies, including the Michigan State Police, Genesee County Sheriff's Department, and police from the cities of Grand Blanc, Flint, Burton, and Davison Township.

Authorities say the juvenile attempted to discard a handgun from the moving vehicle. The firearm discharged into the interior of the car during the attempt. No injuries were reported, and the suspect was taken into custody—but later released.

Law enforcement officials say the release was due to changes in state law. In October 2021, Michigan enacted a “Raise the Age” law that reclassified 17-year-olds as juveniles, meaning they could no longer be lodged in adult county jails. Previously, the suspect would have been held in the Genesee County Jail.

In ...

00:01:54
When I worked at a local tv station my news director tried to get one of the meteorologists to make the red on the screen look darker during severe weather. He thought that would bring in better ratings. True story. Good news, the meteorlogist told him t

When I worked at a local tv station my news director tried to get one of the meteorologists to make the red on the screen look darker during severe weather. He thought that would bring in better ratings. True story. Good news, the meteorlogist told him to go fly a kite.

post photo preview
President Trump scolds reporter for asking about Epstein during cabinet meeting this morning.

President Trump scolds reporter for asking about Epstein during cabinet meeting this morning.
https://open.substack.com/pub/davebondy/p/president-trump-scolds-reporter-for?r=m9vqj&utm_campaign=post&utm_medium=web&showWelcomeOnShare=true

President Trump was just asked by a reporter about the Epstein list. Trump scolded the reporter for asking the question saying there is more important things to discuss.

President Trump was just asked by a reporter about the Epstein list. Trump scolded the reporter for asking the question saying there is more important things to discuss.

post photo preview
DTE Says St. Clair County Crossed the Line on Solar Farm Regulations
DTE claims local officials are overstepping and threatening major solar projects.

PORT HURON, Mich. — DTE Electric Company filed a lawsuit against St. Clair County, its Board of Commissioners, and Health Department on July 3, 2025, challenging new regulations on solar farms and battery storage projects.

The suit, filed in St. Clair County Circuit Court, claims the rules are illegal and violate state laws promoting renewable energy.

The dispute centers on Public Act 233 (PA 233), a 2023 Michigan law that sets uniform standards for large-scale wind, solar, and energy storage projects. PA 233 allows the Michigan Public Service Commission to oversee permitting unless local ordinances match its standards.

Support my independent journalism by signing up to my free newsletter. Also, if you aren’t already consider becoming a paid subscriber for less than $1 per week. I rely on all of you to keep this work going.

 

 

DTE argues the county’s regulations exceed these standards and conflict with the Michigan Zoning Enabling Act.

St. Clair County’s regulations, adopted May 1, 2025, require solar and battery storage facilities to obtain Health Department approval before construction. They limit noise to 45 decibels at non-participating property lines, stricter than PA 233’s 55-decibel cap, and prohibit tonal noise.

I talked to Dr. Remington Nevin in February about this issue. Watch below:

Facilities must be visually screened from roads and adjacent properties using fencing, berms, or vegetation.

The rules also mandate a decommissioning plan with financial assurance of at least $100,000 per megawatt, adjusted for inflation, compared to PA 233’s more flexible requirements. A $25,000 nonrefundable fee is required for each application, covering review costs.

The regulations stem from a November 2024 memorandum by Dr. Remington Nevin, the county Health Department’s medical director. Nevin cited potential public health risks from solar farms, including noise, visual pollution, and environmental hazards from improper decommissioning. He argued rural residents are a “particularly vulnerable population group” needing extra protection.

DTE, Michigan’s largest electric utility, is developing solar and energy storage projects in St. Clair County. In August 2024, the company presented plans to the Greenwood Township Planning Commission, advocating for ordinances aligned with PA 233.

DTE claims the county’s rules hinder these projects and its property interests.

The lawsuit argues the Health Department lacks authority to regulate land use, a power reserved for counties, townships, cities, or villages under the Michigan Zoning Enabling Act. Since all St. Clair County townships have their own zoning ordinances, DTE says the county cannot impose additional rules.

The suit also claims PA 233 preempts stricter local regulations.

On April 4, 2025, the Health Department announced a public hearing for April 16 to discuss the proposed rules. DTE submitted a letter on April 14, arguing the regulations were preempted and arbitrary.

The Health Department adopted the rules on April 25, and the Board of Commissioners approved them with immediate effect, citing public health concerns.

DTE seeks a court order declaring the regulations invalid and unenforceable. The company argues they undermine Michigan’s clean energy goals, targeting 80% clean energy by 2035 and 100% by 2040.

St. Clair County’s legal counsel, Gary Fletcher, said the county will defend the regulations, citing authority under the Michigan Public Health Code.

The Health Department referred questions to the county. Attempts to reach St. Clair County for further comment were made, but no response was received by press time. DTE’s attorneys, from Warner Norcross + Judd LLP, declined to comment.

A court hearing is expected later this year.

Read full Article
post photo preview
DTE Says St. Clair County Crossed the Line on Solar Farm Regulations
DTE claims local officials are overstepping and threatening major solar projects.

PORT HURON, Mich. — DTE Electric Company filed a lawsuit against St. Clair County, its Board of Commissioners, and Health Department on July 3, 2025, challenging new regulations on solar farms and battery storage projects.

The suit, filed in St. Clair County Circuit Court, claims the rules are illegal and violate state laws promoting renewable energy.

The dispute centers on Public Act 233 (PA 233), a 2023 Michigan law that sets uniform standards for large-scale wind, solar, and energy storage projects. PA 233 allows the Michigan Public Service Commission to oversee permitting unless local ordinances match its standards.

Support my independent journalism by signing up to my free newsletter. Also, if you aren’t already consider becoming a paid subscriber for less than $1 per week. I rely on all of you to keep this work going.

 

 

DTE argues the county’s regulations exceed these standards and conflict with the Michigan Zoning Enabling Act.

St. Clair County’s regulations, adopted May 1, 2025, require solar and battery storage facilities to obtain Health Department approval before construction. They limit noise to 45 decibels at non-participating property lines, stricter than PA 233’s 55-decibel cap, and prohibit tonal noise.

I talked to Dr. Remington Nevin in February about this issue. 

Facilities must be visually screened from roads and adjacent properties using fencing, berms, or vegetation.

The rules also mandate a decommissioning plan with financial assurance of at least $100,000 per megawatt, adjusted for inflation, compared to PA 233’s more flexible requirements. A $25,000 nonrefundable fee is required for each application, covering review costs.

The regulations stem from a November 2024 memorandum by Dr. Remington Nevin, the county Health Department’s medical director. Nevin cited potential public health risks from solar farms, including noise, visual pollution, and environmental hazards from improper decommissioning. He argued rural residents are a “particularly vulnerable population group” needing extra protection.

 

 

DTE, Michigan’s largest electric utility, is developing solar and energy storage projects in St. Clair County. In August 2024, the company presented plans to the Greenwood Township Planning Commission, advocating for ordinances aligned with PA 233.

DTE claims the county’s rules hinder these projects and its property interests.

The lawsuit argues the Health Department lacks authority to regulate land use, a power reserved for counties, townships, cities, or villages under the Michigan Zoning Enabling Act. Since all St. Clair County townships have their own zoning ordinances, DTE says the county cannot impose additional rules.

The suit also claims PA 233 preempts stricter local regulations.

On April 4, 2025, the Health Department announced a public hearing for April 16 to discuss the proposed rules. DTE submitted a letter on April 14, arguing the regulations were preempted and arbitrary.

The Health Department adopted the rules on April 25, and the Board of Commissioners approved them with immediate effect, citing public health concerns.

DTE seeks a court order declaring the regulations invalid and unenforceable. The company argues they undermine Michigan’s clean energy goals, targeting 80% clean energy by 2035 and 100% by 2040.

St. Clair County’s legal counsel, Gary Fletcher, said the county will defend the regulations, citing authority under the Michigan Public Health Code.

The Health Department referred questions to the county. Attempts to reach St. Clair County for further comment were made, but no response was received by press time. DTE’s attorneys, from Warner Norcross + Judd LLP, declined to comment.

A court hearing is expected later this year.

Read full Article
post photo preview
DTE Says St. Clair County Crossed the Line on Solar Farm Regulations
DTE claims local officials are overstepping and threatening major solar projects.

PORT HURON, Mich. — DTE Electric Company filed a lawsuit against St. Clair County, its Board of Commissioners, and Health Department on July 3, 2025, challenging new regulations on solar farms and battery storage projects.

The suit, filed in St. Clair County Circuit Court, claims the rules are illegal and violate state laws promoting renewable energy.

The dispute centers on Public Act 233 (PA 233), a 2023 Michigan law that sets uniform standards for large-scale wind, solar, and energy storage projects. PA 233 allows the Michigan Public Service Commission to oversee permitting unless local ordinances match its standards.

Support my independent journalism by signing up to my free newsletter. Also, if you aren’t already consider becoming a paid subscriber for less than $1 per week. I rely on all of you to keep this work going.

 

 

DTE argues the county’s regulations exceed these standards and conflict with the Michigan Zoning Enabling Act.

St. Clair County’s regulations, adopted May 1, 2025, require solar and battery storage facilities to obtain Health Department approval before construction. They limit noise to 45 decibels at non-participating property lines, stricter than PA 233’s 55-decibel cap, and prohibit tonal noise.

I talked to Dr. Remington Nevin in February about this issue. Watch below:

Facilities must be visually screened from roads and adjacent properties using fencing, berms, or vegetation.

The rules also mandate a decommissioning plan with financial assurance of at least $100,000 per megawatt, adjusted for inflation, compared to PA 233’s more flexible requirements. A $25,000 nonrefundable fee is required for each application, covering review costs.

The regulations stem from a November 2024 memorandum by Dr. Remington Nevin, the county Health Department’s medical director. Nevin cited potential public health risks from solar farms, including noise, visual pollution, and environmental hazards from improper decommissioning. He argued rural residents are a “particularly vulnerable population group” needing extra protection.

DTE, Michigan’s largest electric utility, is developing solar and energy storage projects in St. Clair County. In August 2024, the company presented plans to the Greenwood Township Planning Commission, advocating for ordinances aligned with PA 233.

DTE claims the county’s rules hinder these projects and its property interests.

The lawsuit argues the Health Department lacks authority to regulate land use, a power reserved for counties, townships, cities, or villages under the Michigan Zoning Enabling Act. Since all St. Clair County townships have their own zoning ordinances, DTE says the county cannot impose additional rules.

The suit also claims PA 233 preempts stricter local regulations.

On April 4, 2025, the Health Department announced a public hearing for April 16 to discuss the proposed rules. DTE submitted a letter on April 14, arguing the regulations were preempted and arbitrary.

The Health Department adopted the rules on April 25, and the Board of Commissioners approved them with immediate effect, citing public health concerns.

DTE seeks a court order declaring the regulations invalid and unenforceable. The company argues they undermine Michigan’s clean energy goals, targeting 80% clean energy by 2035 and 100% by 2040.

St. Clair County’s legal counsel, Gary Fletcher, said the county will defend the regulations, citing authority under the Michigan Public Health Code.

The Health Department referred questions to the county. Attempts to reach St. Clair County for further comment were made, but no response was received by press time. DTE’s attorneys, from Warner Norcross + Judd LLP, declined to comment.

A court hearing is expected later this year.

Read full Article
See More
Available on mobile and TV devices
google store google store app store app store
google store google store app tv store app tv store amazon store amazon store roku store roku store
Powered by Locals