Rep. Neil Friske (R-Charlevoix) joined ten other Michigan state legislators in a significant step by filing a lawsuit in federal court against state election officials. This legal action contends that the state constitutional amendments passed in 2018 and 2022, which govern the timing, locations, and procedures of federal elections, are devoid of legal validity.
“This is a clear violation of the US constitution!” Friske said on Thursday, in regard to Article 1, Section 4, of the US constitution, known as the election clause. According to this constitutional provision, the responsibility for regulating the timing, locations, and procedures of federal elections fall squarely on the shoulders of the state legislature. “Proposal 3 of 2018 and Proposal 2 of 2022 bypassed the state legislature’s authority and infringed on [state legislators’] federally mandated constitutional powers. This lawsuit is to protect the public, protect elections, and protect Michigan. Without it, this will be allowed to continue… what would happen to our elections in2024?!”
These state constitutional amendments introduced a range of changes, including provisions permitting voters to provide affidavits in place of valid identification during in-person voting or absentee ballot applications, a nine-day early voting period, private funding of election administration, no-excuse absentee voting procedures, same-day voter registrations, state-funded absentee ballot drop boxes, and the establishment of independent redistricting commissions.
Proposal 3 of 2018 and Proposal 2 of 2022 were funded by out of state organizations in an attempt to deceive Michigan voters. As Friske states, “Proposal 2 was marketed with lies to the citizens of Michigan! They were told, ‘This protects elections, this will make them secure, “voter ID will be enshrined in the constitution” ’. when the exact opposite is what the proposal does! Proposal 2 guarantees that voting can happen without ID, which is not what people were told, and its not what they want”
The lawsuit, formally filed in the United States District Court for the Western District of Michigan, names two key defendants: Secretary of State Jocelyn Benson and Jonathan Brater, Director of the Bureau of Elections. Rep. Friske is joined by Senators Jonathan Lindsey and Jim Runestad; Representatives Steve Carra, James DeSana, Joseph Fox, Matt Maddock, Brad Paquette, Angela Rigas, Joshua Schriver, and Rachelle Smit as plaintiffs in the suit.
The state legislators championing for Michigan are represented by Attorney Erick Kaardal, a partner in Mohrman, Kaardal, & Erickson.
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