LANSING, Mich. — An advocacy group has asked the U.S. Supreme Court to intervene in a Michigan ballot fight, seeking emergency action to place a proof-of-citizenship constitutional amendment on the state's November ballot before the deadline to finalize the measure.
Americans for Citizen Voting gathered more than 700,000 signatures in support of a petition that would require Michigan voters to prove they are U.S. citizens. The group asked the nation's highest court on Monday to compel election officials to put the amendment on the ballot while litigation over the validity of the signatures continues.
The request comes after the Michigan Board of State Canvassers denied ballot access to the proposal. Under state law, constitutional amendments need 446,198 valid signatures to gain ballot access. The board reviewed a random sample of 1,000 submitted signatures and determined only 626 were valid. The Michigan Bureau of Elections conducted a similar review and found only 612 valid signatures.
"Denial of access to the ballot is so obviously an irreparable harm that federal courts rarely even linger on this element of a motion for an injunction," Americans for Citizen Voting wrote in its filing. "The choice is thus between irreparable harm and no harm at all."
The group first asked the Michigan Supreme Court to overturn the board's decision last week. With no action from the state high court, it has now turned to Washington. The group urged the justices to act by Sept. 3, one day before the deadline to finalize Michigan's ballot.
Americans for Citizen Voting also faulted the board of canvassers for waiting more than five months before denying its petition and said the Michigan Supreme Court is now delaying the case.
Noncitizen voting is exceedingly rare, and federal voter registration requires applicants to swear under penalty of perjury that they satisfy each eligibility requirement to vote, including citizenship. The issue has gained attention in recent years amid claims of voter fraud.
Separately, the U.S. Supreme Court last week cleared the way for the president to enforce an executive order creating lists of U.S. citizens eligible to vote in each state and directing the U.S. Postal Service to send mail ballots only to verified voters. The ruling was based on procedural issues with a Democratic challenge to the order, not the constitutionality of the policy. The high court will also review Arizona's proof-of-citizenship requirements for voting in federal elections in the coming months.
The outcome of the petition will shape what appears on Michigan's November 3 ballot and will add another legal front to one of the most closely watched state races in the country.