By Jim Ellis
Oct. 20, 2020 — The Michigan Court of Appeals on Friday reversed a lower court ruling that allowed a post-election ballot reception period that would have lasted until Nov. 17, and granted the process known as “ballot harvesting,” where another individual or individuals can deliver unspecified numbers of ballots for voters.
The three-judge high court unanimously overturned a ruling from Court of Claims Judge Cynthia Stephens who made the original directive in deciding an election lawsuit that the Michigan Alliance for Retired Americans, a union-funded organization, brought forth.
When the Michigan attorney general and secretary of state jointly decided not to appeal Judge Stephens’ ruling, the Republican controlled state House and Senate filed the motion and were granted standing. It is unclear now whether the Michigan Alliance will appeal to the state Supreme Court.
According to the Detroit News’s reporting, the original ruling contained the directive that the ballots must be postmarked by Nov. 3. That clerical distinction, however, will be difficult to enforce once we advance into the post-election counting and challenge stage.
The US Postal Service, themselves, according to their employee practices handbook, indicate that many mail pieces do not require postmarks. In most of the 21 states that are now allowing the post-election reception period, the ballots will fall into one of these categories thus making the postmark question moot, and that will invariably lead to further lawsuits and litigation. Below is the official language for the postmark directives:
“Postmarks are not required for mailings bearing a permit, meter, or precanceled stamp for postage, nor to pieces with an indicia applied by various postage evidencing systems.”
The Appellate Court ruling means, at least until if and when the state Supreme Court addresses the issue, that there will be no post-election ballot reception period in Michigan. Ballot harvesting pertaining to individuals who are not immediate family members of the person wanting to vote absentee or is not an election office clerk, will again be prohibited. Therefore, all ballots are required to be in the possession of election authorities throughout Michigan’s counties before the polls close on Election Day, Nov. 3.