(The Center Square) – A Michigan citizen-only voting ballot proposal that failed to make it on the Nov. 3 ballot is now before U.S. Supreme Court.
On Tuesday, Associate Justice Brett Kavanaugh requested a response from Michigan officials named in the case by noon Wednesday.
The Michigan Board of State Canvassers, Secretary of State Jocelyn Benson, and Director of Elections Jonathan Brater were the officials named in the emergency application filed with SCOTUS on Monday.
This comes after the Michigan Board of State Canvassers tied in two votes regarding the Americans for Citizen Voting-Michigan ballot initiative last week.
That deadlock prevented the petition from appearing on the ballot without legal action.
“I am more than frustrated, I am ready to continue to do battle. We are not giving up,” said Paul Jacob, president of Liberty Initiative Fund. “You can’t cheat the people of Michigan and get away with it. We’re going to be back. We’re going to go to every court we have to go to. You’re not going to get away with this one.”
The ballot initiative would add language to Michigan’s Constitution stating that only U.S. citizens can vote, required a regular review of the voter rolls, and required photo identification for voters.
Groups submitted more than 700,000 signatures to the state in March, more than the 446,198 valid signatures required to get on the ballot. To approve the initiative for the ballot, the state Bureau of Elections considered a sample of 1,000 of the signatures.
Of those 1,000, 629 needed to be proven valid for the initiative to move forward. The Bureau of Elections found only 612 of the 1,000 valid. A similar review by the Michigan Board of State Canvassers found 626 of 1,000 to be valid, meaning it was short three votes.
The bureau to recommend the board deem the submitted signatures insufficient.
The Americans for Citizen Voting-Michigan ballot initiative had until Sept. 2 to file an appeal with the Michigan Supreme Court. It did that last week, but decided to go to the U.S. Supreme Court after no action from the state court.
“The Michigan supremes sat on it,” a spokesperson for the initiative told supporters. “Outrageous. So we felt we had no chance.”
In previous disputes, Michigan ballot proposals have successfully sought relief from the state Supreme Court. This is the first initiative in recent state history though to take its urgent ballot-access fight to the U.S. Supreme Court.
Michigan’s ballot must be finalized by Friday. Once he receives the state’s response, Kavanaugh will decide how to proceed with the case.
Absentee ballots in Michigan begin to go out Sept. 24.
By Elyse Apel | The Center Square