State Appeals Court Upholds Ruling Striking Down Four Michigan Rules Governing Partisan Poll Challengers

The American Democracy Minute Radio Report & Podcast for Oct. 26, 2023



Today’s Script

(Variations occur with audio due to editing for time. Today’s Links below the script)

You’re listening to the American Democracy Minute, keeping YOUR government by and for the people.

Four rules governing partisan poll challengers in Michigan’s election official handbook will have to be removed or enacted by the legislature, according to a Michigan appeals court.  

Poll challengers are official political party representatives who observe the counting process in the secure area, unlike public poll observers, who must watch from a designated viewing area.   

According to reporting by Michigan Live, the new rules in question were written into Michigan’s official election rules manual for the May 2022 update.   These included requiring state registration of poll challengers in advance, when party credentials were previously used and challengers could be appointed on election day; limiting challengers to speaking only with a designated “liaison”; bans on cell phones in the absentee ballot counting area; and removal of challengers for repeated “impermissible” challenges,  reasons other than the voter’s eligibility or ballot deficiencies.

After a poll challenger was removed for allegedly harassing Detroit election officials under the new rules, the Republican party sued. The court found the state’s rules had exceeded the Secretary of State’s authority.   Michigan Secretary of State Jocelyn Benson appealed, but the higher court upheld most of the lower court’s ruling.

State officials must now reissue a corrected handbook, removing the new rules not specified in Michigan election law.   We have an explanation of the role of poll observers at AmericanDemocracyMinute.org.  I’m Brian Beihl.

Today’s Links

Articles & Resources:
Bridge Michigan – (2022) Michigan court scuttles new election challenger rules. Benson to appeal
Michigan Live – Michigan’s poll challenger rules must be changed, court rules
Democracy Docket – Michigan Judge Strikes Down Election Challengers Regulations
U.S. Election Assistance Commission – Poll Watchers
Michigan Secretary of State – (As of 10/25/2023) Election Challengers and Poll Watchers:  Summary of Rights and Duties


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