334 Deceased Individuals Registered to Vote in Michigan, Court Informed

According to a recent submission to the federal Sixth Circuit Court of Appeals by the Public Interest Legal Foundation (PILF), 334 deceased Michigan residents are recorded as having registered to vote posthumously, whether due to error or fraud.

Discovery of Deceased Registrants

Approximately four years prior, the PILF identified 27,000 probable deceased individuals on Michigan's Qualified Voter File (QVF). The organization then queried Michigan Secretary of State Jocelyn Benson, a member of the Democratic party, about her strategy for their removal.

Unresponsiveness to PILF's Findings

The PILF granted Ms. Benson over a year to either act on the matter or, at the very least, publicly disclose a detailed plan for cancelling the deceased individuals' voter registrations. However, she did neither. The PILF's filing indicates that Michigan election officials did not respond to the solid data provided by the foundation concerning the deceased registrants, many of whom had been on the QVF for several decades.

Confirmation by Auditor General

In 2021, the Michigan Auditor General's office performed what it termed "a death match for active voters in the QVF." The process resulted in the identification of between 20,000 and 30,000 deceased individuals on the voter rolls.

Legal Battle Ensues

A legal battle of over three years began, starting with the PILF filing a two-point complaint in the federal district court alleging that Ms. Benson failed to conduct list maintenance and to allow inspection of public records regarding her plan to remove the deceased, among other data.

Case Taken to Appeals Court

On March 1, 2024, the district court issued a summary judgment rejecting both of PILF's points, prompting the foundation to escalate the case to the federal Sixth Circuit Court of Appeals. The PILF filing suggests that the appeal raises issues of national importance regarding the interpretation of the National Voter Registration Act and presents questions of "first impression" for the court.

Dispute Over "Reasonable Effort"

The NVRA of 1993 mandates states to "conduct a general program that makes a reasonable effort to remove the name of ineligible voters" due to death. PILF lawyers argue that the precise definition of "reasonable effort" has not been addressed by the Sixth Circuit Court of Appeals or any court within that court's jurisdiction since the law was enacted in 1993. The PILF contends that a voter list maintenance program that allows between 20,000 and 30,000 deceased individuals to remain on the QVF for decades should not be considered reasonable.

Depositions Denied, Discovery Limited

The PILF appeal also asserts that the district court made a mistake by granting Ms. Benson's request for summary judgment without her being deposed by the plaintiff. The PILF was not only denied the opportunity to depose Ms. Benson, but was also unable to depose a Secretary of State employee who conducted voter list analysis, and the Electronic Registration Information Center (ERIC), which is relied upon by Michigan and about two dozen other states for data identifying ineligible voters.

Call for Compliance

The PILF appeal argues that due to the risk of recurring injury, a permanent prospective injunction to compel Ms. Benson to comply with her responsibilities under the NVRA would be justified. PILF lawyers emphasized the necessity of timely compliance before another federal election occurs. In conclusion, the matter of deceased individuals remaining on voter rolls raises serious questions about the integrity of the electoral process. What are your thoughts on this issue? Share this article with your friends and let's start a conversation. Remember, you can sign up for the Daily Briefing, which is delivered every day at 6pm.