Michigan Court Dismisses GOP Challenge to Military Family Voting Law
A Michigan judge rejected a Republican lawsuit seeking to block overseas voting rights for military spouses and children who never lived in the state.
LANSING, MICHIGAN — A Michigan Court of Claims judge dismissed a Republican lawsuit Wednesday that sought to restrict overseas voting rights for military spouses and children, ruling that current state law allowing these voters to cast Michigan ballots remains constitutional.
Judge Sima Patel granted a motion for summary disposition in favor of defendants, rejecting arguments from the Republican National Committee and Michigan Republican Party that challenged a state law permitting spouses and dependents of Michigan military personnel living abroad to vote in state elections.
Constitutional Challenge Rejected
The GOP plaintiffs argued the law violated Michigan’s constitutional residency requirements, citing language stating that voters must be citizens who have “resided in this state six months” and meet local residency requirements. They contended that military family members who never lived in Michigan should not be eligible to vote there.
However, Patel determined that the Michigan Constitution grants the Legislature authority to define residence for election purposes. The judge found that lawmakers properly exercised this authority when they established the current law allowing military family voting rights.
The dismissed case represents the latest in a series of Republican legal challenges targeting Michigan Secretary of State Jocelyn Benson’s election administration. The Michigan Court of Appeals rejected a similar GOP lawsuit in 2025 that centered on the same provisions within the state Election Officials Manual.
Secretary of State Responds
Benson praised the court’s decision as protecting military families’ voting rights.
“Every U.S. citizen has the Constitutional right to freely cast their vote in every election – that should be a basic, nonpartisan position shared by every American, regardless of political preference,” Benson said in a statement.
The secretary of state called the ruling “a victory for military servicemembers, their families, and the rule of law.” She expressed hope that the court’s dismissal would end what she characterized as “the RNC’s deliberate, well-funded attack on military and overseas citizen voting.”
Ongoing Legal Battle
Despite the court victory, Benson indicated her office remains prepared for potential future challenges. The secretary of state said she would “continue the fight to defend” voting rights for military personnel and their families stationed overseas.
The current Michigan law does not require military spouses or children to have previously resided in the state before casting absentee ballots. This provision allows military families to maintain voting connections to their service member’s home state regardless of where they are stationed worldwide.
The ruling reinforces Michigan’s commitment to ensuring military personnel and their families retain full voting privileges while serving overseas, even when family members have not established traditional state residency.
