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Proposed citizenship voting amendment looks to U.S. Supreme Court

US Supreme Court
Phil Roeder
/
flickr.com
US Supreme Court

The campaign behind a proposed Michigan constitutional amendment has asked the U.S. Supreme Court to put its measure on the November ballot.

The Americans for Citizen Voting Michigan question would require proof of citizenship when registering to vote, and a photo ID to have a vote counted.

Late last month, the Michigan Board of State Canvassers deadlocked over whether to accept all the signatures the campaign turned into to get on the ballot.

Board members generally agreed the campaign had turned in just enough signatures to qualify. But proving the validity of a some of those signatures required extra evidence — including affidavits the campaign said came from Michiganders whose signatures were rejected for not matching prior signatures the state had on file for them — that didn’t come in until after a board-imposed deadline 48 hours before the meeting.

On Thursday, the campaign appealed to the Michigan Supreme Court. But Americans for Citizen Voting Chair Paul Jacob says it’s taking too long. Michigan election officials must finalize all ballot questions and wording by Friday.

“We want to make certain that a decision is made in time. People signed this petition. Nine Michiganders not only signed a petition but then signed an affidavit saying, ‘That is indeed my signature, and I want it to count.’ I think they ought to be heard and we want our day in court,” Jacob said in an interview.

The Michigan Supreme Court appeal asked for a ruling from the justices by Tuesday. One didn’t come.

Now, the campaign is asking the U.S. Supreme Court for emergency intervention.

Jacob said he sees it as a First Amendment free speech and 14th Amendment equal protection issue.

“The Michigan court should have stepped in and protected the rights of Michigan voters to be heard, to have their signature — on a petition in which they’ve sworn that’s their signature — count. Unfortunately, that hasn’t happened,” Jacob said.

On Tuesday, U.S. Supreme Court Justice Brett Kavanaugh ordered the state to respond to the lawsuit by noon Wednesday.

The Michigan Department of State did not respond to a request for comment Tuesday afternoon.

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Colin Jackson is the Capitol reporter for the Michigan Public Radio Network.
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