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
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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.

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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.

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Michigan High School Students depicts Charlie Kirk murder during school
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LIVONIA, Mich. — Livonia Public Schools says administrators at Churchill High School took action after becoming aware of a student’s reported depiction of the killing of Charlie Kirk.

According to information provided to Keeping it Real, a student reportedly arrived at Churchill High School dressed to depict Kirk being killed, including what appeared to be fake blood running down the student’s neck.

The incident raised questions about how the school responded and whether the depiction violated district policies.

A photograph of the student in the costume was subsequently posted to a non- affiliated

Churchill Instagram account, with the song “We Are Charlie Kirk.”

I have obtained a copy of the photo, but due to its disturbing nature, I have chosen not to publish it.

Keeping it Real contacted school officials seeking an explanation of what happened and how administrators handled the situation.

Stacy Jenkins, administrator of district communications, said Churchill High School officials learned about the situation at the beginning of the school day and acted quickly.

 

“Churchill High School administration was made aware of the situation at the start of the school day and swiftly addressed it with the student involved,” Jenkins said.

Jenkins acknowledged that the depiction was inappropriate.

“While we cannot prevent every poor choice a student may make, we can ensure that inappropriate behavior is addressed when our administration becomes aware — that is exactly what occurred in this situation,” Jenkins said. “The depiction was inappropriate and did not align with our expectations for student behavior.”

The district’s response does not specify what action was taken involving the student or whether disciplinary measures were imposed.

The incident comes amid heightened concerns about how schools handle depictions or references to real-world political violence, particularly when they involve students.

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