By Alethia Kasben
Gongwer News Service
The Michigan Supreme Court in a Thursday order last week said it won’t take up an appeal of a June decision allowing absentee ballots with mismatched numbers to be counted.
The 5-2 order declines an appeal sought by the Republican National Committee of a June 2026 decision from the Court of Appeals.
In June, an appeals panel ruled that submitted absentee ballots where the number on the ballot stub is either missing or doesn't match the number on the return envelope can be counted. The decision reversed a Court of Claims ruling from 2025 and was praised by Secretary of State Jocelyn Benson.
Justice Brian Zahra disagreed with the decision not to take up the case, writing he would have considered more briefing and heard oral argument. Justice Richard Bernstein also would have granted leave to appeal.
“Michigan is a nationally prominent swing state with highly competitive local and statewide elections,” Zahra wrote. “For this reason alone, this court owes Michigan residents a careful and thoughtful review and interpretation of this important provision of Michigan election law. The court’s failure to more fully consider and interpret this statute could have national ramifications and will undoubtedly affect voters throughout Michigan.”
The case involves decades-long guidance from the Bureau of Elections that when clerks receive absentee ballots where the number on the stub is missing or doesn't match the return envelope, they should process them as challenged. The RNC and Michigan Republican Party sued, contending that a 2024 change to the Michigan Election Law made clear the number on the stub must match the number on the envelope for the ballot to be counted.
The Court of Appeals panel disagreed, saying the election law makes clear when voting in person, a mismatch stub must be rejected from the ballot. The decision says that is not the same for the section of law guiding absentee ballots.
Gongwer News Service
The Michigan Supreme Court in a Thursday order last week said it won’t take up an appeal of a June decision allowing absentee ballots with mismatched numbers to be counted.
The 5-2 order declines an appeal sought by the Republican National Committee of a June 2026 decision from the Court of Appeals.
In June, an appeals panel ruled that submitted absentee ballots where the number on the ballot stub is either missing or doesn't match the number on the return envelope can be counted. The decision reversed a Court of Claims ruling from 2025 and was praised by Secretary of State Jocelyn Benson.
Justice Brian Zahra disagreed with the decision not to take up the case, writing he would have considered more briefing and heard oral argument. Justice Richard Bernstein also would have granted leave to appeal.
“Michigan is a nationally prominent swing state with highly competitive local and statewide elections,” Zahra wrote. “For this reason alone, this court owes Michigan residents a careful and thoughtful review and interpretation of this important provision of Michigan election law. The court’s failure to more fully consider and interpret this statute could have national ramifications and will undoubtedly affect voters throughout Michigan.”
The case involves decades-long guidance from the Bureau of Elections that when clerks receive absentee ballots where the number on the stub is missing or doesn't match the return envelope, they should process them as challenged. The RNC and Michigan Republican Party sued, contending that a 2024 change to the Michigan Election Law made clear the number on the stub must match the number on the envelope for the ballot to be counted.
The Court of Appeals panel disagreed, saying the election law makes clear when voting in person, a mismatch stub must be rejected from the ballot. The decision says that is not the same for the section of law guiding absentee ballots.
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