The Michigan Court of Appeals recently reversed and vacated the Court of Claims decision on the processing of absent-voter ballots, ruling that Michigan law does not prohibit the tabulation of absent-voter ballots returned with missing or mismatched ballot stubs, announced Michigan Attorney General Dana Nessel.
The attorney general appealed the Court of Claims order on behalf of the Secretary of State and the Director of Elections.
In September 2024, the Republican National Committee, Michigan Republican Party, and Chesterfield Township Clerk Cindy Berry filed a lawsuit targeting the Secretary of State’s 2024 guidance that instructed election inspectors to process absent-voter ballots with missing or mismatched stubs as challenged ballots if the discrepancy could not be explained, rather than rejecting them. The Plaintiffs argued this guidance violated Michigan law, claiming that the absent-voter ballots should be rejected.
In December 2025, the Court of Claims ruled that election inspectors lacked the authority to tabulate these ballots and imposed a 10-step cure procedure for ballots with missing or mismatched stubs that conflicted with existing laws. Nessel appealed the decision, arguing that the Court of Claims misinterpreted the law.
In its decision today, the Court of Appeals held that the Court of Claims erred in interpreting the statute to prohibit the tabulation of those ballots and concluded that the Secretary of State’s instructions did not conflict with the statute. The Court of Appeals also found that the Court of Claims abused its discretion by imposing the 10-step cure procedure proposed by the Plaintiffs without making the required legal findings.
“Every eligible voter deserves a voice in our democracy, and this lawsuit was just another tactic by Republicans to bully clerks, suppress votes, and disrupt our elections,” said Nessel. “I am relieved that the Court of Appeals saw through this stunt and struck down a burdensome hurdle for our local election workers. This decision marks our fourth elections victory this week. Our state is leading the nation in securing safe, accessible ballots, and my office will continue fighting these absurd legal challenges to protect the fundamental rights of Michiganders.”
“Michigan elections are safe and secure,” said Michigan Governor Gretchen Whitmer. “Secretary of State Benson and countless local clerks and government officials work hard to run elections and help Michiganders make their voices heard. This ruling by the Michigan Court of Appeals will help them continue to do their jobs and give Michiganders the confidence that their votes can be cast and counted. I’m grateful to Attorney General Nessel for her work on this case. Let’s keep working together to keep our elections free, fair, and secure.”
The attorney general appealed the Court of Claims order on behalf of the Secretary of State and the Director of Elections.
In September 2024, the Republican National Committee, Michigan Republican Party, and Chesterfield Township Clerk Cindy Berry filed a lawsuit targeting the Secretary of State’s 2024 guidance that instructed election inspectors to process absent-voter ballots with missing or mismatched stubs as challenged ballots if the discrepancy could not be explained, rather than rejecting them. The Plaintiffs argued this guidance violated Michigan law, claiming that the absent-voter ballots should be rejected.
In December 2025, the Court of Claims ruled that election inspectors lacked the authority to tabulate these ballots and imposed a 10-step cure procedure for ballots with missing or mismatched stubs that conflicted with existing laws. Nessel appealed the decision, arguing that the Court of Claims misinterpreted the law.
In its decision today, the Court of Appeals held that the Court of Claims erred in interpreting the statute to prohibit the tabulation of those ballots and concluded that the Secretary of State’s instructions did not conflict with the statute. The Court of Appeals also found that the Court of Claims abused its discretion by imposing the 10-step cure procedure proposed by the Plaintiffs without making the required legal findings.
“Every eligible voter deserves a voice in our democracy, and this lawsuit was just another tactic by Republicans to bully clerks, suppress votes, and disrupt our elections,” said Nessel. “I am relieved that the Court of Appeals saw through this stunt and struck down a burdensome hurdle for our local election workers. This decision marks our fourth elections victory this week. Our state is leading the nation in securing safe, accessible ballots, and my office will continue fighting these absurd legal challenges to protect the fundamental rights of Michiganders.”
“Michigan elections are safe and secure,” said Michigan Governor Gretchen Whitmer. “Secretary of State Benson and countless local clerks and government officials work hard to run elections and help Michiganders make their voices heard. This ruling by the Michigan Court of Appeals will help them continue to do their jobs and give Michiganders the confidence that their votes can be cast and counted. I’m grateful to Attorney General Nessel for her work on this case. Let’s keep working together to keep our elections free, fair, and secure.”
