Justice Department asks Michigan judge to dismiss provisional ballot case

The US Justice Department, in a friend-of-the-court brief, has asked a federal judge in Michigan to dismiss a lawsuit that would have required the state to count provisional ballots cast by voters who go to the wrong polling precinct. The Justice Department argues that the Help America Vote Act does not allow individuals to sue if they believe the state has violated the act, but rather invites them to go through a state administrative complaint process or ask a US attorney to file suit. The suit, which was brought by the Michigan Democrats, seeks to rescind instructions to local election officials from Republican Secretary of State Terri Lynn Land that they are not to count provisional ballots cast by voters who are shown to have voted at the wrong precinct. The Florida Supreme Court upheld a similar statutory provision [PDF] Monday. Read Michigan's plan under the Help America Vote Act here [PDF]. AP has more.

 

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