Great Lakes Wire

On July 1, a group of eleven Michigan legislators filed their principal brief with the United States Sixth Circuit Court of Appeals. Their appeal challenges what they perceive as violations of their constitutional rights regarding the regulation of federal elections.

The legislators’ original lawsuit was filed after amendments made in 2018 and 2022 by the state of Michigan changed election laws in a way that did not require approval from state legislatures. This was in violation of Article I, Section 4 of the U.S. Constitution, known as the Elections Clause, which grants state legislatures the explicit authority to oversee the time, place, and manner of federal elections, according to a release from Michigan Fair Elections.

The original lawsuit was dismissed in April 2024 by a District Court, citing lack of standing rather than the merits of their case, meaning the court determined the legislators were not the proper group to bring the issue to a court. 

“If I, as a legislator, don’t have standing to say election laws are being passed without legislature approval, then who does?” State Rep. Steve Carra (R), one of the plaintiffs and leader of the House Freedom Caucus, said. “The Elections Clause of the U.S. Constitution protects legislative authority to determine the times, places, and manner of elections.”

State Sen. Jonathan Lindsey (R), another plaintiff, also found issue with the court’s statement. “I disagree with the judge's decision to deny my right as a legislator to protect the role granted to me by the U.S. Constitution,” he said. “When a federal judge misuses their power by denying a valid case to be heard, it damages our entire body politic. I am pleased we are appealing this decision.”

The lawsuit, formally known as Case No. 1:23-cv-1025, names Governor Gretchen Whitmer, Secretary of State Jocelyn Benson, and Jonathan Brater, Director of the Bureau of Elections, as defendants. It centers on amendments that introduced substantial changes to Michigan's election laws, including provisions for same-day voter registration, early voting periods, and alterations to in-person voting procedures.

The eleven legislators who are plaintiffs in this case are State Sens. Jonathan Lindsey (R-17) and Jim Runestad (R-23), and State Reps. Steve Carra (R-36), James DeSana (R-29), Joseph Fox (R-101), Neil Friske (R-107), Matt Maddock (R-51), Brad Paquette (R-37), Angela Rigas (R-79), Joshua Schriver  (R-66), and Rachelle Smit (R-43).