By Alethia Kasben
Gongwer News Service
A split panel of the 6th U.S. Circuit Court of Appeals on Wednesday affirmed a lower court ruling that said Secretary of State Jocelyn Benson does not have to provide unredacted voter registration information to the U.S. Department of Justice.
Gov. Gretchen Whitmer, Attorney General Dana Nessel and Benson praised the decision in statements issued Wednesday.
“Michigan’s elections are safe and secure, and any attempt to suggest otherwise is an attempt to take away Michiganders’ constitutional right to vote and invade their privacy. The 6th Circuit Court of Appeals made the right decision,” Whitmer said. “I want to thank Attorney General Nessel and Secretary of State Benson for standing up for the rights of Michigan voters. I’m proud of the progress we’ve made to ensure everyone’s voice can be heard and every Michigander’s vote can be cast and counted. We’ll keep using every tool in our toolbox to protect the safety and security of Michigan elections.”
Last July, the DOJ requested an unredacted copy of Michigan’s voter rolls. Benson refused, saying she would follow the law to ensure strict privacy protections for personal data.
The state informed DOJ that it would only provide the public voter registration list. That list does not include dates of birth, driver’s license numbers and social security numbers, because the state asserted that data is sensitive information under statute.
In United States v. Benson (Docket No. 26a0180p.06), Judge Andre Mathis, appointed by former President Joe Biden, wrote the majority opinion signed onto by Judge R. Guy Cole, appointed by former President Bill Clinton.
Mathis wrote Part III of the federal Civil Rights Act did not support the broad request from the federal government for information.
“Title III of the act gave teeth to prior civil-rights legislation by empowering the U.S. attorney general to obtain certain state voting records so that he could investigate potential violations and enforce federal election law,” the decision says. “Back then, the government used this power to ensure that everyone who had the right to vote could freely exercise that right. But today, the government invokes Title III for an inverse purpose – to ensure that some people have not voted.”
Judge John Nalbandian, appointed by President Donald Trump, dissented.
“The attorney general is entitled to the voter file as the aggregated form of documents which are themselves subject to Title III disclosure,” he wrote. “Benson can’t insulate individual records from Title III disclosure by pointing to their present (and HAVA-mandated) aggregated form.”
Benson, in the statement praising the decision, said, “the law cannot be any clearer.”
“States run elections, the federal government is not entitled to Michigan voters’ personal data, and the president cannot change election law with the stroke of a pen,” Benson said. “Now we have two more court rulings upholding the law and the truth. We will never back down when it comes to protecting our elections. I’m grateful that our state leaders are united in our resolve to fight any and every federal attempt to subvert the Constitution and silence the voices of Michigan voters.”
Separately on Wednesday, the U.S. District Court for the District of Massachusetts blocked key provisions of Executive Order No. 14248 from taking effect in Michigan and other states. Among other things, the order would have required documentary proof of citizenship requirements for voter registration.
“I am relieved that the court saw through the president’s illegal crusade to usurp state-run elections,” Nessel said. “Whether it’s through executive orders or DOJ pressure tactics, this White House continues to peddle debunked conspiracy theories in its quest to federalize the electoral process. As the midterms get closer, we expect these desperate attacks will continue, but we are ready and committed to protecting the right to vote for Michiganders.”
Gongwer News Service
A split panel of the 6th U.S. Circuit Court of Appeals on Wednesday affirmed a lower court ruling that said Secretary of State Jocelyn Benson does not have to provide unredacted voter registration information to the U.S. Department of Justice.
Gov. Gretchen Whitmer, Attorney General Dana Nessel and Benson praised the decision in statements issued Wednesday.
“Michigan’s elections are safe and secure, and any attempt to suggest otherwise is an attempt to take away Michiganders’ constitutional right to vote and invade their privacy. The 6th Circuit Court of Appeals made the right decision,” Whitmer said. “I want to thank Attorney General Nessel and Secretary of State Benson for standing up for the rights of Michigan voters. I’m proud of the progress we’ve made to ensure everyone’s voice can be heard and every Michigander’s vote can be cast and counted. We’ll keep using every tool in our toolbox to protect the safety and security of Michigan elections.”
Last July, the DOJ requested an unredacted copy of Michigan’s voter rolls. Benson refused, saying she would follow the law to ensure strict privacy protections for personal data.
The state informed DOJ that it would only provide the public voter registration list. That list does not include dates of birth, driver’s license numbers and social security numbers, because the state asserted that data is sensitive information under statute.
In United States v. Benson (Docket No. 26a0180p.06), Judge Andre Mathis, appointed by former President Joe Biden, wrote the majority opinion signed onto by Judge R. Guy Cole, appointed by former President Bill Clinton.
Mathis wrote Part III of the federal Civil Rights Act did not support the broad request from the federal government for information.
“Title III of the act gave teeth to prior civil-rights legislation by empowering the U.S. attorney general to obtain certain state voting records so that he could investigate potential violations and enforce federal election law,” the decision says. “Back then, the government used this power to ensure that everyone who had the right to vote could freely exercise that right. But today, the government invokes Title III for an inverse purpose – to ensure that some people have not voted.”
Judge John Nalbandian, appointed by President Donald Trump, dissented.
“The attorney general is entitled to the voter file as the aggregated form of documents which are themselves subject to Title III disclosure,” he wrote. “Benson can’t insulate individual records from Title III disclosure by pointing to their present (and HAVA-mandated) aggregated form.”
Benson, in the statement praising the decision, said, “the law cannot be any clearer.”
“States run elections, the federal government is not entitled to Michigan voters’ personal data, and the president cannot change election law with the stroke of a pen,” Benson said. “Now we have two more court rulings upholding the law and the truth. We will never back down when it comes to protecting our elections. I’m grateful that our state leaders are united in our resolve to fight any and every federal attempt to subvert the Constitution and silence the voices of Michigan voters.”
Separately on Wednesday, the U.S. District Court for the District of Massachusetts blocked key provisions of Executive Order No. 14248 from taking effect in Michigan and other states. Among other things, the order would have required documentary proof of citizenship requirements for voter registration.
“I am relieved that the court saw through the president’s illegal crusade to usurp state-run elections,” Nessel said. “Whether it’s through executive orders or DOJ pressure tactics, this White House continues to peddle debunked conspiracy theories in its quest to federalize the electoral process. As the midterms get closer, we expect these desperate attacks will continue, but we are ready and committed to protecting the right to vote for Michiganders.”
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