Michigan AG urges court to dismiss lawsuit challenging overseas, military voting

Attorney General Dana Nessel has filed a brief asking the Michigan Court of Claims to dismiss a lawsuit brought by the Republican National Committee against the Secretary of State, arguing the lawsuit is “frivolous [and] devoid of legal merit."

The lawsuit accused the SOS of violating the state constitution by instructing clerks to allow military spouses and dependents living overseas who are U.S. citizens but have not registered to vote anywhere in the United States to apply for an absent voter ballot in the district the military member is registered to vote in.

However, Nessel pointed out the six-month residency requirement of the state constitution is no longer applicable as of 1970, and that as of 1996, Michigan election law expressly permits American citizens who are spouses and dependents accompanying military and overseas voters to register using that military or overseas voters’ Michigan residence.

"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 said. “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.”

Additionally, the plaintiffs failed to file a notice of intent within the appropriate time period under the Michigan Court of Claims Act, filing the lawsuit only a month before Election Day.

Nessel also asked the court to file sanctions against the plaintiffs, which include the RNC, the Michigan Republican Party, and Chesterfield Township Clerk Cindy Berry.