Tuesday, April 13, 2021

Judge Rules Michigan Secretary Of State Violated State Law With Absentee Ballot Order

From The Federalist.com (Mar. 17):

A Michigan judge ruled last week that Democratic Secretary of State Jocelyn Benson violated state law when she circumvented the legislature with unilateral orders on absentee voting.

Last year, as Democrats across the country implemented last-minute rule changes ahead of the November election, Benson issued a directive that local clerks count with a presumption of validity.

“Signature review ‘begins with the presumption that’ the signature on an absentee voter ballot application of envelope is valid,” Benson ordered in October. Only ballots signed with “multiple significant and obvious” inconsistencies ought to go under further review.

Detroit-area Judge Christopher M. Murray, however, ruled last week that Benson’s order violated the Michigan Administrative Procedures Act (APA). Murray argued Benson’s instructions were “rules” passed without following the proper procedures in place.

“A ‘rule’ not promulgated in accordance with the APA’s procedures is invalid,” Murray wrote. “An agency must utilize formal APA rulemaking procedures when establishing policies that ‘do not merely interpret or explain the statute or rules from which the agency derives its authority,’ but rather ‘establish the substantive standards implementing the program.’” [read more]

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