Great Lakes Wire

Michigan Attorney General Dana Nessel has taken legal action to dismiss a lawsuit challenging the voting rights of military and overseas voters. The lawsuit, initiated by the Michigan Republican Party, Republican National Committee, and Chesterfield Township Clerk Cindy Berry, targets Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater.

The plaintiffs argue against the Secretary's instructions that allow spouses or dependents of military or overseas voters to vote based on the voter's residency. They claim this violates the Michigan Constitution, despite a 1996 statute permitting such practice. Nessel refutes these claims in her briefs.

"The Michigan Republican Party and Republican National Committee’s baseless lawsuit, filed mere weeks before the election, is a deliberate attempt to disenfranchise the families of military and overseas voters,” said Nessel. “Challenging a decades-old statute in this frivolous manner is both irresponsible and abusive. Their actions are a clear attempt to sow doubt about the integrity of the election and suppress the legitimate votes of American citizens. This conduct is unacceptable and warrants sanctions. The Court must dismiss this lawsuit to send a clear message that attempts to undermine our electoral system can not and will not be tolerated.”

Nessel argues that the plaintiffs' claims are invalid due to their failure to file timely notice under the Michigan Court of Claims Act. She also invokes the doctrine of laches, citing unreasonable delay in challenging longstanding laws which prejudices both voters and state officials. Furthermore, she asserts that plaintiffs lack standing and that current instructions align with state and federal law.

Nessel has requested court sanctions against what she deems a frivolous complaint lacking legal merit.