GOP sues Michigan to block ‘never resided’ voters in presidential election

• Republican National Committee sues in bid to block votes from citizens born overseas who have never lived in Michigan
• State says suit targets ‘tiny’ number of voters, including children of military members serving overseas
• RNC has sued Michigan multiple time over various election procedures ahead of the Nov. 5 presidential election

LANSING — In a presidential election that may be decided by a narrow margin, Republicans this week sued Michigan in a bid to force rejection of votes from what the state says is a "tiny" number of citizens who were born overseas and have never lived here.

It's the latest in a half-dozen "election integrity" lawsuits from the Republican National Committee, which alleges guidance from Democratic Secretary of State Jocelyn Benson violates residency requirements in the Michigan Constitution. 

Benson's office called the suit a public relations "campaign to spread unfounded distrust" in Michigan elections and said it targets voting rights of U.S. citizens, including children of military members "making sacrifices for our freedom." 

At issue is a small number of U.S. voters who have never lived in the U.S. but were born to parents who previously lived in Michigan. GOP attorneys fear those voters could “overwhelmingly” support Democrats and thereby harm Republicans like presidential candidate Donald Trump. 

Federal law requires states to allow eligible citizens living abroad to vote in federal elections. And Michigan is one of 38 states that also allow "never resided" voters to cast ballots, according to the Federal Voting Assistance Program, which aids members of the military and U.S. citizens abroad.

Benson’s guidance to Michigan election administrators instructs that a citizen who has never lived in the U.S. “but who has a parent, legal guardian, or spouse who was last domiciled in Michigan” is eligible to vote “as long as the citizen has not registered or voted in another state.”

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Attorneys for the RNC and Michigan Republican Party contend that violates the state constitution, which says voters must be 21 years old, “resided in this state six months” and meet “the requirements of local residence provided by law.” 

But both the age and residency requirements in the state constitution were previously nullified by a U.S. constitutional amendment and U.S. Supreme Court ruling, respectively. There is still a 30-day residency requirement in state law, which the lawsuit does not mention. 

“The dissonance between the secretary’s guidance and the Constitution has created confusion, disorder and strife because city and township clerks are subjected to two incompatible duties,” attorneys write in the suit.

The GOP attorneys argue Michigan should join the other 12 states where the children of former residents born abroad are not able to vote in any elections, despite holding U.S. citizenship.

Another plaintiff, Chesterfield Township Clerk Cindy Berry, wrote in an affidavit she feels she could “face penalty or even removal” if she follows the department’s guidance. Berry did not say if she has ever processed — or rejected — a “never resided” registration application as clerk.

Regardless of their birthplace, the children of U.S. citizens are automatically granted citizenship and become eligible voters at age 18. But because federal elections are conducted by states, they must register with a U.S. state to vote when they become eligible, using the federal post card application.

Trump, who has long criticized mail-in ballots, this week used social media to amplify claims about the security of overseas voting. He directed "lawyers at RNC" to intervene. Days later, GOP attorneys filed similar suits in Michigan and Pennsylvania.

According to a copy of the state’s master list of registered voters reviewed by Bridge Michigan, of the state’s roughly 8.4 million registered voters, less than 16,000 are registered as overseas voters. A subset of those voters are citizens who presumably have never resided in Michigan or the U.S., but it wasn’t immediately clear how many of them could be counted.

Angela Benander, a spokesperson for the Secretary of State, told Bridge the lawsuit would only apply to a “tiny” number of voters, but the department doesn’t track the number of “never resided” voters, raising questions about how they would be identified even if the RNC prevailed in court.

The suit, filed in the Michigan Court of Claims, asks for an order to reject all ballots from overseas voters who never resided in the state.  Alternatively, attorneys are asking the state to "segregate" those ballots to "ascertain" whether they affect the outcome of the election. 

The complaint is the latest in a litany that Republicans have brought against Benson and the state contesting election procedures. They have filed suits demanding the state clean up voter rolls and successfully struck down absentee ballot signature match guidance, among other things. 

The litigation is part of a bid by the GOP to prove to Trump supporters they should participate in the electoral process despite years of false claims from the former president the 2020 election was rigged against him.