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DNC file briefs opposing GOP election lawsuits in Michigan

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DNC file briefs opposing GOP election lawsuits in Michigan

May 07, 2024 | 7:15 am ET
By Jon King
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DNC file briefs opposing GOP election lawsuits in Michigan
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Max Nesterak | States Newsroom

A pair of lawsuits brought by the Republican National Committee (RNC) in Michigan courts are being opposed by Democrats as “the latest in a series of meritless lawsuits … which serve only to undermine faith in our electoral system.”

Briefs submitted Monday by the Democratic National Committee (DNC) oppose the lawsuits, one filed March 13 in U.S. District Court for the Western District of Michigan, and the other filed March 28 in the Michigan Court of Claims.

The lawsuits, and the opposition briefs, underscore that both political parties place great weight in Michigan’s status as a battleground state, with its 15 electoral votes potentially deciding whether President Joe Biden will be reelected or former President Donald Trump returned to office.

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The first RNC complaint alleges that Michigan has failed to keep its voter rolls up to date in accordance with the National Voter Registration Act of 1993 (NVRA).

“At least 53 Michigan counties have more active registered voters than they have adult citizens who are over the age of 18,” stated the complaint. “That number of voters is impossibly high.”

The DNC brief filed today makes the argument that the lawsuit is relying on a faulty analysis.

“The RNC mistakenly compares 2024 voter-registration rates to 2022 population data to conclude that certain Michigan counties have either ‘impossibly’ or ‘suspiciously’ high rates of registered voters relative to the population,” states the brief. “The RNC’s methodology is flawed many times over.”

That interpretation is shared by the Brennan Center for Justice, which earlier filed a brief opposing the lawsuit, which it said “misreads federal law and uses flimsy evidence to pressure the state to purge eligible voters.”

The second RNC lawsuit in the Court of Claims was filed against Michigan Secretary of State Jocelyn Benson, a Democrat, claiming she “covertly” issued guidance to local election officials that was “inconsistent” with Michigan’s Constitution.

“Michigan’s State Constitution is very clear: election officials have to verify the identity of voters casting absentee ballots,” stated RNC Chairman Michael Whatley. “Jocelyn Benson is yet again working to undermine election integrity by secretly instructing officials to disregard and circumvent these clear requirements. The RNC is suing Benson because Michiganders deserve election integrity, not underhanded Democrat schemes.” 

However, the DNC filing noted that the guidance issued by Benson was entirely consistent with Michigan law and clarified that local clerks had to still review all signatures.

“In reality, the greatest threat to public confidence in the integrity of our elections is not fraud or voter-roll maintenance, but unfounded attacks on our elections themselves,” stated the brief. 

The DNC also filed a brief Monday against a similar lawsuit in Nevada, another battleground state. That suit also alleged that several Nevada counties were not maintaining accurate voter rolls in violation of the NVRA.

The lawsuits in Michigan and Nevada are part of an ongoing effort by the GOP and Trump to try and cast doubt on election processes in battleground states, which they did before and after the 2020 election that Trump lost to Biden.    

During Trump’s visit last week to Freeland, he continued to spread disproven claims that the 2020 election was stolen, and said his campaign would be working with the Republican National Committee to “ensure what happened in 2020 will never happen again.”