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Kavanaugh Declines to Order Proof-of-Citizenship Measure Onto Michigan Ballot

The unexplained denial leaves a deadlocked state canvass with a looming certification deadline to decide whether the proposal will appear on the November ballot.

Overview

  • Supreme Court Justice Brett Kavanaugh rejected an emergency application from Americans for Citizen Voting–Michigan on Thursday, posting no explanation and not referring the case to the full Court.
  • The Michigan Board of State Canvassers previously deadlocked 2-2 on whether the petition had the required 446,198 valid signatures, leaving the measure off the ballot pending further action.
  • A 1,000-signature statistical review found the petition fell just short of the threshold after challenges and late affidavits reduced the valid count by a few signatures.
  • Sponsors said they collected more than 700,000 signatures and argued late-filed affidavits should validate enough names to qualify the measure, while state officials urged courts to let state processes resolve the dispute and said there is no evidence of widespread noncitizen voting.
  • With Kavanaugh’s denial and state procedures concluding near the certification deadline, the initiative is not expected to appear on the certified November ballot and the Michigan Supreme Court declined to grant emergency relief.