LANSING, Mich. (Michigan News Source) – Former President Donald Trump’s campaign, along with the Michigan Republican Party (MRP) and the national Republican Party (RNC), have taken legal action against Michigan Governor Gretchen Whitmer and Secretary of State Jocelyn Benson.
The lawsuit, filed in federal court on Monday, challenges recent voter registration activities at Veterans Affairs (VA) locations and Small Business Administration (SBA) offices in Michigan that were chosen under Gov. Whitmer’s December 2023 Executive Directive.
Allegations of overreach.
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The lawsuit targets Whitmer, Benson, state elections Director Jonathan Brater, and the leaders of the federal VA and SBA. It claims that neither the governor nor the secretary of state has the authority to designate VA or SBA offices as voter registration sites (VRAs). The plaintiffs argue that these actions are unlawful and “ultra vires,” a legal term indicating officials acted beyond their legal authority.
Seeking legal remedies.
The GOP is requesting a federal court order declaring that Whitmer and Benson violated state election law. They are also seeking preliminary and permanent injunctions to prevent further designations of voter registration agencies without state legislative approval. Additionally, the suit calls for the invalidation of any existing voter registration agreements between the state and the VA or SBA.
Impact on elections.
The lawsuit claims that the state’s failure to adhere to election laws regarding voter registration sites harms the Trump campaign, the RNC, the MRP, and their members. Georgetown Township Clerk Ryan Kidd (Ottawa County), who is part of the lawsuit, is also allegedly burdened by confusion over the legal status of the VA and SBA designations.
When pointing out the plaintiffs who are suing and their standing in the case, the lawsuit says, “The RNC has vital interests in protecting the ability of Republican voters to cast, and Republican candidates to receive, effective votes in Michigan elections and elsewhere. The RNC and Michigan GOP have strong interests in ensuring that they and their candidates compete for votes in a lawfully structured competitive environment. The RNC brings this suit to vindicate its own rights in this regard, and in a representational capacity to vindicate the rights of its members, affiliated voters, and candidates.”
The lawsuit goes on to say, “The RNC and its members are concerned that Defendants’ failure to comply with Michigan statutes governing VRA designation undermines the integrity of elections by increasing the opportunity for individuals to register to vote even though they are ineligible to do so, and by sowing confusion regarding whether the agencies purporting to offer assistance in registering voters are doing so in accordance with applicable law.”
When discussing the MRP as a plaintiff, the lawsuit states, “Further, MRP works to ensure that elections in Michigan are conducted in a free, fair, and transparent manner, and works to protect the fundamental constitutional right to vote of its members and all Americans, and to promote their participation in the political process. MRP brings this action on behalf of itself and its members. As a result, Plaintiff MRP has a direct, personal, and substantial interest in this litigation to protect not only its own rights, but those of its candidates and members.”
The lawsuit also explains Kidd’s standing to sue, saying that Michigan’s Court of Claims noted, it is difficult to “imagine anyone more in need of a ruling” on election-related matters “than a local clerk… Indeed, if she does not have standing…then nobody has standing…”
Response from Whitmer’s office.
Bobby Leddy, a spokesperson for Gov. Whitmer, stated that the administration is reviewing the lawsuit.
Ongoing GOP legal challenges.
This lawsuit is one of several recent legal actions by Republicans in Michigan to contest election rules and directives issued by Democratic leaders. Previous successes include overturning absentee voter signature matching guidelines by Democratic Secretary of State Benson who had wanted clerks to assume that all signatures are valid.
Legal background and timeline.
Monday’s lawsuit points to the National Voter Registration Act, which allows states to designate certain agencies as voter registration sites. However, it argues that Michigan law only permitted the governor to provide a list of such agencies within 30 days of the law’s enactment in 1995.
Whitmer’s executive actions.
In May 2022, Whitmer issued an Executive Directive to review and update Michigan’s list of voter registration agencies, nearly 30 years after former Republican Governor John Engler’s directive. In September 2023, Benson and the VA announced an agreement to designate VA medical centers in Saginaw and Detroit as voter registration sites, to be formalized by an executive order from Whitmer. In December 2023, Whitmer designated several state agencies, including the Department of Veterans Affairs, as voter registration sites. Benson later entered into an agreement with the SBA to designate its offices as voter registration sites.
Republican opposition.
The agreement between Benson and the SBA drew criticism from Michigan’s Republican members of Congress. They expressed concerns that funding intended for small business support was being diverted for election purposes. A letter from U.S. Reps. Lisa McClain, Jack Bergman, Bill Huizenga, John Moolenaar, and John James, along with U.S. House Committee on Small Business Chairman Roger Williams, voiced these concerns and requested documentation from Benson.
McClain criticized the agreement in a statement last week, stating, “They’re using the taxpayer- funded SBA to coordinate voter registration with Michigan’s Secretary of State. This is an unbelievable abuse of power that will ruin the integrity of our elections.”
Their letter from the Republicans in congress stated, “Perhaps even more egregious, the investigation conducted by the Committee found that 39 out of the 52 small business outreach events currently scheduled in Michigan from January through November 2024 coincidently take place in counties with the highest populations of demographics targeted by the Democratic National Committee (DNC). Additionally, 100 percent of the visits to Michigan from the SBA Administrator and Deputy Administrator have taken place in counties with the highest populations of DNC target demographics.”
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