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Michigan Supreme Court declines to hear appeal to count ballots postmarked by Election Day

Michigan Supreme Court
Michigan Supreme Court
The Michigan Supreme Court

Your vote won’t count even if your ballot is postmarked by Election Day. The Michigan Supreme Court declined to hear an appeal arguing for that.

Instead your ballot must arrive at the clerk’s office by 8:00 p.m. Election Day to be counted.

“Well, it's very disappointing because now tens of thousands of absentee voters are at significant risk of having their votes not counted in November because their ballots will arrive after the deadline,” said Mark Brewer, an attorney for the League of Women Voters which appealed to the Supreme Court.

Three justices dissented saying the COVID-19 pandemic and the first presidential election with no-reason absentee mail-in ballots were enough to hear the case.

“Not only does the 8:00 p.m. Election Day deadline violate Proposal Three, which allows voters to vote absentee ballot any time during the 40 days before the election, but then that is exacerbated by the significant delays in mail delivery,” Brewer said.

He added that at any point the Legislature could follow the lead of many other states which passed laws which allow ballots postmarked by Election Day to be counted.

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Lester Graham reports for The Environment Report. He has reported on public policy, politics, and issues regarding race and gender inequity. He was previously with The Environment Report at Michigan Public from 1998-2010.
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