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LEGAL NEWSLINE

Wednesday, November 6, 2024

AG Nessel seeks dismissal of election lawsuit targeting military voter rights

State AG
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Attorney General Dana Nessel | Official website

Michigan Attorney General Dana Nessel has filed briefs urging the Michigan Court of Claims 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 allowing spouses or dependents of military or overseas voters to vote based on their residency. They claim these instructions violate the Michigan Constitution despite a 1996 statute supporting this practice.

"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," Nessel stated. "Challenging a decades-old statute in this frivolous manner is both irresponsible and abusive."

Nessel further argues that the plaintiffs failed to file a timely notice under the Michigan Court of Claims Act. She also claims that even if not time-barred, the doctrine of laches applies due to unreasonable delays in challenging existing laws. Additionally, she asserts that plaintiffs lack standing and that state instructions align with legal standards.

Nessel has requested sanctions from the court, calling the complaint frivolous and lacking legal merit.

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