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Judge rejects Michigan GOP lawsuit challenging eligibility of some military, overseas voters

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LANSING (WWJ) — A Michigan Court of Claims judge has rejected a Republican lawsuit seeking to challenge the eligibility of a small number of military and overseas ballots.

Michigan Attorney General Dana Nessel announced Tuesday the court had granted her request to dismiss the lawsuit on Monday.


The lawsuit had been brought earlier this month by the Michigan Republican Party, the Republican National Committee and Chesterfield Township Clerk Cindy Berry against Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater.

The lawsuit alleged Benson's instructions unlawfully allow voting by overseas residents who have never been Michigan residents.

Nessel argued the plaintiffs "unreasonably delayed for years in challenging these longstanding laws and instructions, causing prejudice to both the Secretary of State and voters," and the Court of Claims agreed.

The lawsuit sought to disallow certain military and overseas voters' absent voter ballots by challenging Benson's instructions that explain how spouses or dependents of Michigan military or overseas voters can vote in the State's elections.

Nessel pointed to a 1996 statute that "expressly permits this practice."

"This baseless lawsuit was a clear attempt to disenfranchise Michigan's military and overseas voters," Nessel said in a pres release. "I am glad the Court saw through this meritless effort to suppress votes and undermine the integrity of our election system. American citizens, especially those defending our country and their families, have every right to cast a ballot and participate in our electoral process. I am proud to stand up for them and our democracy, and I will continue to defend the voting rights of the great people of this state. Military voters deserve our respect for their service, their families, and their votes — not to be treated like a political football by the Michigan Republican Party and the RNC."

Tuesday marks two weeks until the Nov. 5 Presidential Election.

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