Judge rejects MI elections guidance, says absentee ballots with mismatched numbers can't be counted

[RandySF]

A Michigan Court of Claims judge has struck down official guidance from Secretary of State Jocelyn Benson’s office on absentee ballots with mismatched or missing numbers on ballot stubs and mail-in envelopes.

Michigan's mail-in ballots have detachable stubs with a unique number that should correspond to the number on the envelope for returning the ballot. Sometimes ballots arrive at polling places with missing or mismatched numbers.

Benson's guidance has said these votes can be processed as "challenged ballots," but still counted. The court ruling said the ballots cannot be counted unless the voter is contacted and fixes the problem.

“Partisans and pundits will sometimes place election integrity in tension with the right to vote,” wrote Court of Claims Judge Brock Swartzle in his decision. “This is a fallacy, as an election without integrity is as much a danger to a citizen’s vote as would be simply taking away the franchise.”




https://www.michiganpublic.org/politics-government/2025-12-04/judge-rejects-mi-elections-guidance-says-absentee-ballots-with-mismatched-numbers-cant-be-counted

[stopdiggin]

1. have to kind of agree

with what I see in the ruling here. If ballots are in error (for whatever reason) - there should be opportunity for either correction or adjudication. But 'fairness' doesn't not encompass the counting of errant ballots or voting.

Having said that - how much variance (in final result) is there between the SoS guidance and judges ruling?

i.e., is the SoS saying that ballots without the proper stubs should accounted valid - regardless of error? Or only as preliminary to rectifications and/or adjudication?

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[crud]

2. I don't know the details

but I remember the days when simply "taking away the franchise" was not the solution. Guaranteeing the franchise was alway paramount! I can't imagine that errors on an otherwise a valid voters ballot would spoil the integrity of any election.