The Michigan appeals court has denied a request to require absentee ballots to be counted after the polls close on Election Day, arguing that the state deadline, which has been in effect for more than 90 years, remains intact.
The appeals court ruling was released Wednesday in a 2-1 decision. It comes after the Michigan League of Women Voters and three voters filed a lawsuit in May, seeking a statement that absentee ballots will be counted as long as they are mailed on or before Election Day and received within six days of the election.
FILE: Jordan Smellie moves the ballots in absentia to count at the City of Garden City, Mich.
(AP)
Judge David Sawyer wrote that the organizers of the vote did not include a deadline in the initiative.
“We follow the view that courts should normally defer to the Legislature to make policy decisions,” he said.
Judge Michael Riordan agreed with the ruling, while Judge Elizabeth Gleicher disagreed.
“This case should be easy,” he said. “Because voters have the right to vote by mail if they send their ballots to the clerk during the 40 days preceding an election, they have the right to have their votes counted when those votes arrive at the clerk’s office. This interpretation fits with what historical and legal significance of voting. It corresponds to the intention of the voters. ”
The plaintiffs plan to appeal to the United States Supreme Court. They noted new constitutional rights for voters to cast an absentee ballot without giving a reason 40 days before an election and to do so in person or by mail. They also noted fears of visiting polling places during the coronavirus pandemic.
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The lawsuit said that inherent variations in mail delivery schedules could result in one person counting the ballot and another not, even if they return it the same day. She also said the deadline is especially burdensome for undecided and late voters, and said at least 11 states count ballots sent before Election Day.
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Sharon Dolente, a voting rights strategist for the American Civil Liberties Union of Michigan, who helped sue the state, said the deadline “could lead to tens of thousands of voters being deprived of their rights this year. We must ensure that voters have the full deadline to submit their home ballots by mail and give Michigan employees more time to process the ballots. “
Associated Press contributed to this report..
