Republicans Challenge Michigan's Overseas Voting Rights
Michigan Republicans have launched a legal attack against a longstanding state law that permits spouses and children of overseas voters to cast ballots in Michigan elections, even if they have never physically resided in the state. The lawsuit, filed just ahead of the midterm elections, specifically targets military families whose last U.S. residence was in Michigan.
According to court documents obtained by Democracy Docket, a progressive news outlet focusing on voting rights, the Republican National Committee and Michigan Republican Party filed the complaint on Friday. The legal action aims to alter how the state processes votes before the June date when absentee ballots are mailed out, creating potential consequences for the 2026 midterms.
Legal Battle Over Voting Rights Intensifies
This isn't the first time Republicans have challenged this voting provision. A similar lawsuit filed before the 2024 presidential election was dismissed just before Election Day, with a Michigan appellate court affirming that decision in August 2024.
Michigan Republicans argue that allowing people who have never physically lived in Michigan to vote there violates the state constitution. The lawsuit specifically claims the law harms Republican candidates because "historically overseas voters overwhelmingly support Democratic candidates."
Cheri Hardmon, spokesperson for Michigan Secretary of State Jocelyn Benson, confirmed Tuesday that the office hadn't yet received the lawsuit. "We have not yet been served this lawsuit, and so cannot comment on its specifics," Hardmon stated, adding that "this is not the first time we've learned of an RNC lawsuit from the media."
Military Families and Voting Rights at Stake
Proponents of the current law maintain that it makes practical sense for American citizens' votes to count in states where they maintain connections, even if they haven't established physical residence there. This is particularly relevant for military families who frequently move due to service requirements.
Secretary Benson, a Democrat and military spouse herself, is committed to protecting voting rights for service members and their families. "While others seek to suppress the votes of active duty servicemembers and their families, Secretary Benson continues to protect and defend voting rights for all eligible Michigan citizens," Hardmon emphasized.
The timing of this lawsuit coincides with increased Republican scrutiny of election procedures in swing states like Michigan. The state, which voted for President Donald Trump in 2024 but chose Joe Biden in 2020, has become a focal point in ongoing national debates about voting rights and election integrity.
Republican state lawmakers have been demanding extensive information from Benson's office regarding election management, requests that Benson warns could potentially compromise Michigan's ability to conduct fair elections.
