By Alethia Kasben
Gongwer News Service
Americans for Citizen Voting – Michigan filed an emergency appeal at the nation’s highest court as its filing last week with the Michigan Supreme Court has not yet received a response.
The filing argues that the Michigan Supreme Court’s failure to take any action on the group’s emergency request amounts to a “constructive denial of relief” as the deadline for ballots to be finalized approaches at the end of this week.
“Despite the need for extreme haste, a common need in election cases, the Michigan Supreme Court has done absolutely nothing as of this filing, not even to direct respondents to respond,” the SCOTUS filing says.
Americans for Citizen Voting Chair Paul Jacob said in a statement that the current situation shows why the U.S. Supreme Court is needed.
“Michigan voters followed the rules. When their signatures were questioned, they went the extraordinary extra step of signing sworn, notarized affidavits confirming they signed our petition,” he said. “State officials acknowledged those affidavits were valid and then threw the signatures out anyway. We turned to the Michigan Supreme Court for emergency relief and got nothing. Not a decision. Not an order for a response. Nothing. At some point, due process has to mean something.”
Last week, the group filed Americans for Citizen Voting – Michigan v. Board of State Canvassers et al (MSC Docket No. 170595) asking the Supreme Court to order the Board of State Canvassers to certify its proposal to appear on the November ballot.
The board deadlocked 2-2 on certification, which means the proposal was denied ballot access.
The group turned in more than 700,000 signatures and needed 446,198. Through the sampling process, where 1,000 signatures are reviewed, the Bureau of Elections found the proposal was three signatures short of the 629 needed to certify. Organizers came back with affidavits signed by individuals whose signatures had been rejected, saying they did in fact sign the petition. The lawsuit argues that is enough to put the proposal over the required number of signatures.
As of 4:30 p.m. Monday, the Supreme Court has yet to issue any order or ruling in the case. The GOP-controlled Michigan House has submitted an amicus brief, and the group Promote the Vote, which opposes the constitutional amendment, is seeking to intervene.
Gongwer News Service
Americans for Citizen Voting – Michigan filed an emergency appeal at the nation’s highest court as its filing last week with the Michigan Supreme Court has not yet received a response.
The filing argues that the Michigan Supreme Court’s failure to take any action on the group’s emergency request amounts to a “constructive denial of relief” as the deadline for ballots to be finalized approaches at the end of this week.
“Despite the need for extreme haste, a common need in election cases, the Michigan Supreme Court has done absolutely nothing as of this filing, not even to direct respondents to respond,” the SCOTUS filing says.
Americans for Citizen Voting Chair Paul Jacob said in a statement that the current situation shows why the U.S. Supreme Court is needed.
“Michigan voters followed the rules. When their signatures were questioned, they went the extraordinary extra step of signing sworn, notarized affidavits confirming they signed our petition,” he said. “State officials acknowledged those affidavits were valid and then threw the signatures out anyway. We turned to the Michigan Supreme Court for emergency relief and got nothing. Not a decision. Not an order for a response. Nothing. At some point, due process has to mean something.”
Last week, the group filed Americans for Citizen Voting – Michigan v. Board of State Canvassers et al (MSC Docket No. 170595) asking the Supreme Court to order the Board of State Canvassers to certify its proposal to appear on the November ballot.
The board deadlocked 2-2 on certification, which means the proposal was denied ballot access.
The group turned in more than 700,000 signatures and needed 446,198. Through the sampling process, where 1,000 signatures are reviewed, the Bureau of Elections found the proposal was three signatures short of the 629 needed to certify. Organizers came back with affidavits signed by individuals whose signatures had been rejected, saying they did in fact sign the petition. The lawsuit argues that is enough to put the proposal over the required number of signatures.
As of 4:30 p.m. Monday, the Supreme Court has yet to issue any order or ruling in the case. The GOP-controlled Michigan House has submitted an amicus brief, and the group Promote the Vote, which opposes the constitutional amendment, is seeking to intervene.
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