Michigan Lawmakers Appeal Election Lawsuit to Sixth Circuit
Submitted by MAGA Student
Posted 2 days ago
Eleven Michigan Legislators Appeal Federal Lawsuit to the United States Sixth Circuit Court of Appeals
Eleven Michigan legislators have appealed a federal lawsuit to the United States Sixth Circuit Court of Appeals, challenging constitutional amendments that have brought about significant changes to Michigan's election laws.
The lawsuit, which was first heard in the U.S. District Court Western District of Michigan, Southern Division, names Governor Gretchen Whitmer, Secretary of State Jocelyn Benson, and Jonathan Brater, Director of the Bureau of Elections, as defendants.
The legislators argue that the adopted ballot proposals, which include provisions for same-day voter registrations without valid proof of identity, early in-person voting, private funding of election administration, and no-excuse absentee voting procedures, violate the Elections Clause of the U.S. Constitution.
Representative Steve Carra (R), leader of the House Freedom Caucus and a plaintiff in the case, expressed his disagreement with the judge's decision to dismiss the original lawsuit and his optimism that the Appellate court will overturn the prior ruling.
"If I, as a legislator, don't have standing to say election laws are being passed without legislature approval, then who does?" Carra said. "The Elections Clause of the U.S. Constitution protects legislative authority to determine the times, places, and manner of elections."
State Senator Jonathan Lindsey (R), also a plaintiff, concurred with Carra, stating that the judge's decision to deny his right as a legislator to protect the role granted to him by the U.S. Constitution damages the entire body politic.
Attorney Erick Kaardal, who has built his 30-year career on leveling the playing field for working people against the government, is now employing those same skills to help legislators. He explained that under the U.S. Constitution's Elections Clause, individual state legislators have the federal right to vote on election laws subject to Congressionally-enacted laws.
"When those federal rights are violated by executive branch officials or otherwise, recourse to federal courts is necessary to protect the individual state legislators' federal rights," Kaardal said.
State Senator Jim Runestad (R), a plaintiff in the case, emphasized the need for the Sixth Circuit Court of Appeals to rule in favor of the legislators.
"It is extremely important to have these constitutional questions adjudicated as rapidly as possible," he said. "I am a firm believer in the Constitution. The people have a right to have this issue decided in a court of law, so everyone can have confidence that we are preserving civil rights and obeying the Constitution."
The lawsuit was sponsored by Michigan Fair Elections, a Michigan-based, non-profit 501(c)3 organization dedicated to restoring fair and honest elections through education, local citizen participation, and litigation.
Sources:
mifairelections.org
breannamorello.substack.com
thereload.com
Eleven Michigan legislators have appealed a federal lawsuit to the United States Sixth Circuit Court of Appeals, challenging constitutional amendments that have brought about significant changes to Michigan's election laws.
The lawsuit, which was first heard in the U.S. District Court Western District of Michigan, Southern Division, names Governor Gretchen Whitmer, Secretary of State Jocelyn Benson, and Jonathan Brater, Director of the Bureau of Elections, as defendants.
The legislators argue that the adopted ballot proposals, which include provisions for same-day voter registrations without valid proof of identity, early in-person voting, private funding of election administration, and no-excuse absentee voting procedures, violate the Elections Clause of the U.S. Constitution.
Representative Steve Carra (R), leader of the House Freedom Caucus and a plaintiff in the case, expressed his disagreement with the judge's decision to dismiss the original lawsuit and his optimism that the Appellate court will overturn the prior ruling.
"If I, as a legislator, don't have standing to say election laws are being passed without legislature approval, then who does?" Carra said. "The Elections Clause of the U.S. Constitution protects legislative authority to determine the times, places, and manner of elections."
State Senator Jonathan Lindsey (R), also a plaintiff, concurred with Carra, stating that the judge's decision to deny his right as a legislator to protect the role granted to him by the U.S. Constitution damages the entire body politic.
Attorney Erick Kaardal, who has built his 30-year career on leveling the playing field for working people against the government, is now employing those same skills to help legislators. He explained that under the U.S. Constitution's Elections Clause, individual state legislators have the federal right to vote on election laws subject to Congressionally-enacted laws.
"When those federal rights are violated by executive branch officials or otherwise, recourse to federal courts is necessary to protect the individual state legislators' federal rights," Kaardal said.
State Senator Jim Runestad (R), a plaintiff in the case, emphasized the need for the Sixth Circuit Court of Appeals to rule in favor of the legislators.
"It is extremely important to have these constitutional questions adjudicated as rapidly as possible," he said. "I am a firm believer in the Constitution. The people have a right to have this issue decided in a court of law, so everyone can have confidence that we are preserving civil rights and obeying the Constitution."
The lawsuit was sponsored by Michigan Fair Elections, a Michigan-based, non-profit 501(c)3 organization dedicated to restoring fair and honest elections through education, local citizen participation, and litigation.
Sources:
mifairelections.org
breannamorello.substack.com
thereload.com
