In a recent legal decision, the Michigan Court of Claims upheld the absentee voting rights for a specific group of overseas voters, rejecting a challenge from Republican Party officials. This marks the second time the court has dealt with attempts to invalidate these rights.
The controversy began with a lawsuit initiated in late 2025, which argued that allowing the spouses and voting-age children of Michigan residents serving abroad to cast absentee ballots contradicted state residency rules.
Under Michigan law, family members of military personnel and civilians stationed overseas are permitted to vote absentee, even if they have never resided in Michigan. The court dismissed the lawsuit, asserting that the law remains valid and does not infringe upon the state’s voting regulations.
According to the court’s findings, “The subject group members do not currently live in Michigan and therefore cannot vote in person, nor can they easily drop by their local clerk’s office to vote in person or to remedy alleged deficiencies with their AVBs (absentee voter ballots) before an election. Given this reality, both federal and state law protect the right of the subject group to vote by AVB.”
Michigan Secretary of State Jocelyn Benson praised the court’s decision, stating it was “a victory for military service members, their families, and the rule of law; it’s a defeat for this disgraceful, coordinated attack against eligible Michigan voters and our secure election process.”
Representatives from the Republican Party, who initiated the lawsuit, have not yet issued a response to the court’s dismissal.
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