Karamo suit could cause thousands of ballots to go uncounted
Kristina Karamo, Michigan’s Republican secretary of state candidate, filed a lawsuit earlier this week seeking a court order that could result in the rejection of tens of thousands of absentee ballots cast by Detroit voters for the upcoming Nov. 8 midterm election.
Karamo is one of several secretary of state candidates backed by former President Donald Trump who falsely claim the 2020 election was stolen vying to serve as their state’s top election official.
While the lawsuit takes issue with election procedures in place across the state — such as the process for verifying voter signatures on absentee ballots — its allegations of election law violations target Detroit, Michigan’s largest voting jurisdiction and the nation’s largest majority-Black city. Karamo, who is Black, has put up billboards across the city promoting her campaign.
The lawsuit, filed against Detroit City Clerk Janice Winfrey less than two weeks before the Nov. 8 midterm election, asks the court to require Detroit voters to cast their ballots in person or show an ID at the clerk’s office to vote absentee. Currently, election officials rely on signature verification rather than photo identification to verify absentee ballots, and the right to vote absentee is guaranteed in the state constitution. Tens of thousands of voters in the city have already returned their ballots expecting them to count.
The lawsuit suggests election officials should toss those ballots. It asks the court to “halt the use of absentee ballots that are obtained without identification” and “the counting of ballots cast through drop boxes that are not effectively monitored,” citing the widely debunked 2,000 Mules film by a farright provocateur purportedly showing illegal votes returned via drop boxes election experts say provides no evidence of widespread fraud. The lawsuit from Karamo doesn’t indicate how voters who have already returned their absentee ballots might ensure their
votes count.
The Detroit News first reported on the lawsuit, which was filed in Wayne County Circuit Court. A hearing on a motion requesting a visiting judge to hear the case to avoid the appearance of a conflict of interest will take place Monday. If the court “declines to act before the election then there will be a question about the legitimacy of the outcome,” the plaintiffs’ motion for an emergency hearing warns.
Incumbent Democratic Secretary of State Jocelyn Benson called the legal challenge “egregious” and said her “opponent is seeking to have valid votes thrown out ... based on nothing but lies,” in a tweet. “It won’t succeed. Democracy will prevail.” Benson won nearly 95% of the vote in Detroit in 2018.
Every Michigander has the right to vote by absentee ballot under the state’s constitution. In 2018, nearly 67% of Michigan voters adopted a constitutional amendment establishing a right to no-reason absentee voting.
Karamo rose to national prominence after serving as an election challenger in Detroit in 2020. Challengers in Michigan can observe polling locations and counting rooms processing absentee ballots and have the authority to contest a voter’s eligibility to cast a ballot or an election procedure. In the wake of the 2020 election, Karamo joined legal efforts to overturn its results. Trump routinely targeted Detroit in his attacks against the election and leveled unfounded claims that the vote count was rife with fraud and misconduct.
Detroit voters — like those across Michigan — have embraced their right to vote absentee. As of Wednesday, more than 79,000 absentee ballots have been issued to voters in the city
and more than 43,000 ballots have been returned, according to city election officials.
The lawsuit asks the court to declare that only those requested in person can count. It is unclear how many Detroit voters requested their absentee ballots online or by mail rather than in person.
Other plaintiffs involved in the lawsuit brought by Karamo include those affiliated with organizations that deny the legitimacy of the 2020 election and have instructed poll challengers to observe the upcoming election in trainings recommended by a group spearheaded by prominent election conspiracists and Trump allies.
One of the plaintiffs — Braden Giacobazzi — served as a challenger during the recent primary in Detroit. He was kicked out of the absentee ballot counting room for harassing election workers. He has denied any wrongdoing and has said he instructs challengers to be courteous to election workers. He has helped lead election challenger trainings on behalf of the Election Integrity Fund and Force, an organization whose website boasts its lawsuit to “decertify the Michigan 2020 election.”
Another plaintiff in the case — Phil O’Halloran — wrote a report about the administration of the 2020 presidential election in Detroit alleging “election lawlessness.” Audits, court rulings and post-election reviews undercut allegations of widespread fraud.
Before absentee ballots are counted, a voter must submit an application to request a ballot. Before issuing a ballot, election officials verify the signature on the absentee ballot application with the one on file for the voter. Officials also perform a signature match on the absentee ballot return envelope returned by the voter. The lawsuit from Karamo argues that the signature verification process currently in place is invalid because the Secretary of State’s Office hasn’t promulgated rules providing clear instructions for how election officials should compare a voter signature on a ballot application to the one on file. A GOPled legislative committee delayed action on proposed rules until after the Nov. 8 election.
Those eligible to vote have until 8 p.m. on Election Day to register and cast a ballot at their local clerk’s office. To avoid postal delays, the Secretary of State’s Office recommends voters request an absentee ballot in person. Polling locations will open at 7 a.m. on Election Day, Nov. 8, and close at 8 p.m.
Clara Hendrickson fact-checks Michigan issues and politics as a corps member with Report for America, an initiative of The GroundTruth Project. Make a tax-deductible contribution to support her work at bit.ly/freepRFA. Contact her at chendrickson@freepress.com or 313-296-5743. Follow her on Twitter @clarajanehen.