The Michigan Supreme Court (MSC) will convene a special session to hear oral arguments in the cases of Philip O’Halloran, MD, v Secretary of State, and Richard Devisser v Secretary of State on Tuesday, June 18, 2024. The session will begin at 9:00 a.m. and will be conducted via Zoom. The proceedings will be livestreamed on the MSC YouTube Channel.
Media representatives seeking permission to film or photograph during the hearing should contact the MSC Public Information Office at 517-373-0129 or via email at MSC_Public_Info@courts.mi.gov before the hearing. They must submit a Request and Notice for Film and Electronic Media Coverage of Court Proceedings.
The scheduled arguments involve plaintiffs who challenged various provisions in an election procedure manual issued by the Secretary of State in May 2022. This manual, titled “The Appointment, Rights, and Duties of Election Challengers and Poll Watchers,” was not published as a formal administrative rule under the Administrative Procedures Act (APA), MCL 24.201 et seq.
Two groups filed separate lawsuits in September 2022 against these provisions, claiming they violated Michigan Election Law (MCL 168.1 et seq.) and were promulgated without adhering to APA's notice-and-comment requirements. The plaintiffs include election challengers from the November 2022 general election, two legislative candidates, the Michigan Republican Party, and the Republican National Committee.
The Court of Claims granted partial relief to the plaintiffs by identifying five areas where relief was warranted. The defendants subsequently appealed to both the Court of Appeals and directly to the Supreme Court. On November 3, 2022, the Supreme Court stayed the effect of the lower court's opinion but declined immediate review pending appellate consideration.
On October 19, 2023, the Court of Appeals affirmed the lower court’s decision in a published opinion. The Supreme Court has now ordered oral argument on whether: (1) the provisions in question are consistent with Michigan Election Law; and (2) if authorized by statute, whether they required formal rule promulgation under APA guidelines.