COVID-Related Election Litigation Tracker

Case Details

This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.

Case Details

 

Michigan Alliance for Retired Americans v. Benson (2)

Closed

Michigan Alliance for Retired Americans v. Benson, No. 20-000108-MM (Court of Claims)

  Case Summary Plaintiffs allege that Michigan restrictions on absentee voting deprives Michigan voters of their right to vote absentee, right to vote, right to due process, right to free speech, and rights under the federal Voting Rights Act. Specifically, they challenge the laws requiring all ballots to be delivered to election officials by 8pm on Election Day, requiring Michigan voters to pay their own postage to mail-in ballots, and restricting which individuals may return a ballot on a voter's behalf.
Filed 06/02/2020
State Michigan
Type of Court State
Status Closed ()
Last Updated 10/01/2020
Issue Tag(s) Vote-by-Mail (Mail Voting Deadlines (for Applying, Receiving, Postmark), Postage Requirement, Restriction on Assistance or Collection of Mail Ballots for Return)
Complaint(s) 06/02/2020: Complaint filed.
Dispositive Ruling(s) 09/18/2020: Order/Ruling, The Court granted the motion for preliminary injunction in part and denied in part. requiring that otherwise valid ballots postmarked by the day before election day and received within 14 days of election day be counted, and permitting voters to receive assistance with casting absentee ballots from any person of their choosing between 5:01 p.m. on the Friday before election day and the close of polls on election day.

Michigan Alliance for Retired Americans v. Benson, 354429 (Michigan Court of Appeals)

  Case Summary Plaintiffs allege that Michigan restrictions on absentee voting deprives Michigan voters of their right to vote absentee, right to vote, right to due process, right to free speech, and rights under the federal Voting Rights Act. Specifically, they challenge the laws requiring all ballots to be delivered to election officials by 8pm on Election Day, requiring Michigan voters to pay their own postage to mail-in ballots, and restricting which individuals may return a ballot on a voter's behalf.
Filed 08/04/2020
State Michigan
Type of Court State
Status Closed
Last Updated 02/25/2021
Issue Tag(s) Vote-by-Mail (Postage Requirement, Mail Voting Deadlines (for Applying, Receiving, Postmark), Restriction on Assistance or Collection of Mail Ballots for Return)
Dispositive Ruling(s) 08/04/2020: Appellant Brief, The Michigan Legislature filed an appeal to the Michigan Court of Appeals seeking a reversal of the lower court's ruling.
09/18/2020: Order/Ruling, The Michigan Court of Appeals denied petitioner's application for appeal because they concluded that Council of Organizations & Others for Education About Parochiaid v State bound their decision that the RNC and Michigan Republican Party could not intervene in this case.
10/19/2020: Order/Ruling, The Michigan Court of Appeals ruled that the lower court had erred in finding a constitutional violation, and therefore, erred in entered a permanent injunction. They reversed and remanded for the immediate entry of summary judgment in favor of the Defendants.
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