By Zach Gorchow
Gongwer News Service
A legal challenge to the ability of Michigan voters to use the initiative petition process to amend state election law governing congressional elections is now dead.
The U.S. Supreme Court declined late Monday to hear the appeal brought by 11 current and former Republican lawmakers who argue that the U.S. Constitution allows only state
legislatures to set the time, place and manger for elections to Congress.
Those legislators lost at the U.S. District Court for the Western District of Michigan, which dismissed the case based on their lack of standing. The 6th U.S. Circuit Court of Appeals upheld that decision.
The case arose after the group of Republican legislators – Sen. Jonathan Lindsey of Coldwater, Sen. Jim Runestad of White Lake, Rep. James DeSana of Carleton, Rep. Rachelle Smit of Martin, Rep. Steve Carra of Three Rivers, Rep Joseph Fox of Fremont, Rep. Matt Maddock of Milford, Rep. Angela Rigas of Alto, Rep. Josh Schriver of Oxford, former Rep. Neil Friske and Rep. Brad Paquette of Niles – challenged the legality of recent constitutional amendments passed by voters making sweeping changes to state voting laws.
Voters passed Proposal 2018-2, Proposal 2018-3 and Proposal 2022-2 following the successful circulation of initiative petitions to put the constitutional amendments on the ballot. Among many other changes, those proposals authorized no-reason absentee voting, moving redistricting to a commission, early in-person voting, mandatory drop boxes for absentee ballots and the acceptance of absentee ballots postmarked by election day from overseas military voters as long as they arrive within six days of Election Day.
The legislators had hoped the conservative U.S. Supreme Court majority might agree with this new variation of the "independent state legislature theory" some Republicans have advanced in recent years.
But their petition for appeal was denied without further statement from the high court in Lindsey v. Whitmer (SCOTUS Docket No. 24-1413).
"This is a victory for the people of Michigan," Secretary of State Jocelyn Benson said in a statement. "The U.S. Supreme Court's action has rightly upheld the power of Michigan voters to amend the state constitution and preserves the important checks and balances in our democratic process. In recent years, voters in Michigan have overwhelmingly supported ballot initiatives to create a citizen-led independent redistricting process, to guarantee at least nine days of early voting for every statewide election and to make voting more accessible for every eligible citizen. Today's action ensures that the will of the voters will stand on these and other issues important to the people of our state."
Gongwer News Service
A legal challenge to the ability of Michigan voters to use the initiative petition process to amend state election law governing congressional elections is now dead.
The U.S. Supreme Court declined late Monday to hear the appeal brought by 11 current and former Republican lawmakers who argue that the U.S. Constitution allows only state
legislatures to set the time, place and manger for elections to Congress.
Those legislators lost at the U.S. District Court for the Western District of Michigan, which dismissed the case based on their lack of standing. The 6th U.S. Circuit Court of Appeals upheld that decision.
The case arose after the group of Republican legislators – Sen. Jonathan Lindsey of Coldwater, Sen. Jim Runestad of White Lake, Rep. James DeSana of Carleton, Rep. Rachelle Smit of Martin, Rep. Steve Carra of Three Rivers, Rep Joseph Fox of Fremont, Rep. Matt Maddock of Milford, Rep. Angela Rigas of Alto, Rep. Josh Schriver of Oxford, former Rep. Neil Friske and Rep. Brad Paquette of Niles – challenged the legality of recent constitutional amendments passed by voters making sweeping changes to state voting laws.
Voters passed Proposal 2018-2, Proposal 2018-3 and Proposal 2022-2 following the successful circulation of initiative petitions to put the constitutional amendments on the ballot. Among many other changes, those proposals authorized no-reason absentee voting, moving redistricting to a commission, early in-person voting, mandatory drop boxes for absentee ballots and the acceptance of absentee ballots postmarked by election day from overseas military voters as long as they arrive within six days of Election Day.
The legislators had hoped the conservative U.S. Supreme Court majority might agree with this new variation of the "independent state legislature theory" some Republicans have advanced in recent years.
But their petition for appeal was denied without further statement from the high court in Lindsey v. Whitmer (SCOTUS Docket No. 24-1413).
"This is a victory for the people of Michigan," Secretary of State Jocelyn Benson said in a statement. "The U.S. Supreme Court's action has rightly upheld the power of Michigan voters to amend the state constitution and preserves the important checks and balances in our democratic process. In recent years, voters in Michigan have overwhelmingly supported ballot initiatives to create a citizen-led independent redistricting process, to guarantee at least nine days of early voting for every statewide election and to make voting more accessible for every eligible citizen. Today's action ensures that the will of the voters will stand on these and other issues important to the people of our state."
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