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League of Women Voters of Michigan v. Benson

Last Update: August 17, 2020

What's at Stake

The American Civil Liberties Union, ACLU of Michigan, Arnold & Porter, and Goodman Acker filed a lawsuit on May 22, 2020, challenging Michigan’s requirement that absentee ballots be received by Election Day in order to be counted.

Summary

The people of Michigan overwhelmingly approved Proposal 3, a 2018 ballot initiative that gave voters a constitutional right to submit an absentee ballot, including by mail, at any point during the 40 days before the election.

An Election Day return deadline for absentee ballots, as opposed to a postmark deadline, violates this right and could illegally lead to thousands of voters being disenfranchised by their absentee ballot being rejected.

The groups are seeking an expedited decision due to the fast-approaching August 4 primary and November 3 general election.

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