RNC and Trump campaign sue Whitmer and Benson over voter registration efforts

Gov. Gretchen Whitmer and Secretary of State Jocelyn Benson attend the Detroit NAACP's annual Fight for Freedom Fund Dinner in Detroit, Mich., on May 19, 2024. (Photo by Andrew Roth/Michigan Advance)

Updated at 1:15 p.m.

On the same day the Republican National Convention kicked off in Milwaukee, the Republican National Committee (RNC) and former President Donald Trump’s reelection campaign filed a lawsuit in federal court against Michigan Gov. Gretchen Whitmer, Secretary of State Jocelyn Benson and several other state officials concerning the use of government offices as voter registration sites.

Filed Monday in U.S. District Court for The Western District of Michigan, the lawsuit alleges Whitmer violated the National Voter Registration Act ( NVRA) when she issued a Dec. 18 directive allowing several state and federal agencies to be used as voter registration agencies (VRAs), including the Michigan Department of Health and Human Services, Michigan Department of Military and Veterans Affairs, and Michigan State Housing Development Authority.

The lawsuit is the latest in an ongoing effort by the GOP and Trump to try and cast doubt on election processes in battleground states, which they did before and after the 2020 election.

This latest lawsuit, which also names Jonathan Brater, director of Michigan’s Bureau of Elections, and the leaders of the federal Department of Veteran Affairs (VA) and the Small Business Administration (SBA), also says Benson lacked the authority to unilaterally enter into an agreement with the SBA in March to designate that agency’s offices as VRAs.

“Because the Governor and Secretary of State lack authority to make unilateral designations of new VRAs, their designations of VA and SBA offices as VRAs are ultra vires and unlawful under Michigan law,” stated the lawsuit about the Democrats. “Moreover, because these unauthorized actions do not represent lawful designations by the State of Michigan for purposes of Section 7 of the NVRA, the designated VA and SBA offices are not lawfully operating as VRAs under federal law.”

Claiming that Michigan law grants sole authority to the Legislature to make such designations, the RNC and Trump’s campaign asked the court to issue an injunction that would block the state from using the SBA and VA as voter registration sites.

The plaintiffs include Ryan Kidd, the clerk in Ottawa County’s Georgetown Township, who states that he “needs a declaration from the courts to guide his future conduct and the performance of his duties, especially as it relates to processing voter registration applications submitted by government offices purporting to be designated VRAs.”

Bobby Leddy, spokesperson for Gov. Whitmer, says her office is reviewing the lawsuit.

In a statement, Benson spokesperson Angela Benander called the lawsuit “divisive” and “partisan.”

“Making it easier for veterans and small business owners in Michigan to register to vote should not be controversial. We will review this and any other litigation that comes our way but remain committed to ensuring that every Michigan voter has the tools and resources they need to participate in every election,” stated Benander.

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House Elections Committee Chair Penelope Tsenoglou (D-East Lansing) blasted the lawsuit and its timing.

“This politically driven lawsuit is a blatant attempt to disenfranchise Michigan voters ahead of the upcoming elections. The governor and the secretary of state’s actions to designate additional voter registration agencies are consistent with state and federal laws, and so I am hopeful that this attempt at voter suppression will not stand,” said Tsenoglou. “Free, fair and accessible elections are the cornerstone of our republic, which is why making voter registration easier for all — most certainly including our veterans — is vital to our democracy. I sincerely hope that every eligible Michigander will perform their civic duty by registering to vote and casting their ballot in the upcoming elections.”

In June, Whitmer issued a follow-up directive approving the SBA agreement in which she said “ the NVRA encourages states to reach agreements to designate federal offices in their state as voter registration agencies,” and that Article 5 of Michigan’s constitution “vests the executive power of the State of Michigan in the governor,” and “places each principal department under the supervision of the governor.”

However, Benson’s agreement with the SBA was met with a letter of protest signed by U.S. House Committee on Small Business Chairman Roger Williams (R-Texas), as well as all six members of Michigan’s GOP congressional delegation, calling it an “apparent and blatant weaponization of taxpayer resources to aid and abet President Biden’s re-election campaign in the state of Michigan.”

This story has been updated to include comment from Gov. Whitmer’s office as well as correct that Georgetown Township in in Ottawa County, not in Kent County as originally reported.

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The post RNC and Trump campaign sue Whitmer and Benson over voter registration efforts appeared first on Michigan Advance .