A recent ruling by the Michigan Court of Appeals has determined that state election workers can officially tabulate mail-in ballots that arrive with missing or mismatched stubs. This decision reverses a previous order from the Michigan Court of Claims that would have blocked those votes from being counted normally.
Background of the Case
The legal battle began in September 2024 when the Republican National Committee, the Michigan Republican Party, and Chesterfield Township Clerk Cindy Berry filed a lawsuit. They challenged guidance issued by the Secretary of State, which instructed election workers to treat ballots with stub discrepancies as “challenged ballots” so they could still be processed, rather than rejecting them outright.
The plaintiffs argued that this guidance violated state law and that the ballots should be thrown out. In December 2025, the Court of Claims sided with the plaintiffs, ruling that election inspectors did not have the authority to count those ballots and implementing a 10-step procedure to fix the errors.
Appeal and Ruling
Michigan Attorney General Dana Nessel quickly appealed that decision on behalf of the Secretary of State and the Director of Elections, arguing the lower court misread the law. The Court of Appeals agreed with Nessel, stating that the Court of Claims erred in its interpretation of the statute.
The higher court concluded that Michigan law does not prohibit counting these ballots and that the Secretary of State’s instructions were perfectly legal. It also found that the lower court abused its discretion by forcing the 10-step fix without making the required legal findings.
Supporters of the guidance welcomed the ruling. Attorney General Nessel said, “Every eligible voter deserves a voice in our democracy, and this lawsuit was just another tactic by Republicans to bully clerks, suppress votes, and disrupt our elections.”
Governor Gretchen Whitmer also expressed support for the ruling, emphasizing its impact on voters and local officials. “Michigan elections are safe and secure,” Whitmer said. “Secretary of State Benson and countless local clerks and government officials work hard to run elections and help Michiganders make their voices heard.”
Original reporting: Tampa Free Press — read the source article.
