Michigan officials urged the U.S. Supreme Court on Wednesday to stay out of a dispute over whether a proposed voter ID and proof-of-citizenship amendment to the state Constitution should have qualified for the November ballot, arguing that state courts had not yet finished considering the case.
Attorneys for Secretary of State Jocelyn Benson filed the response after Americans for Citizen Voting Michigan asked the high court to order Michigan to place the measure on the ballot.
The proposed amendment would require proof of citizenship when registering to vote and a photo ID for a vote to be counted.
The campaign submitted 709,841 signatures — more than the 446,198 required for a constitutional amendment — but state election officials determined the petition did not have enough valid signatures after reviewing a 1,000-signature sample and considering challenges.
The Board of State Canvassers deadlocked 2-2 late last month over whether to certify the petition, meaning it could not advance to the ballot.
The campaign then turned to the courts. It filed a case with the Michigan Supreme Court and then, less than a week later, asked the U.S. Supreme Court for emergency relief — an order placing the question on the ballot — without a ruling from the state court.
Michigan attorneys argued the federal court should not intervene before the state high court ruled. They also argued the campaign had not established a federal constitutional right to have its initiative placed on the ballot.
A key dispute involves affidavits from people who said rejected petition signatures were theirs, and were legitimate. The campaign argued the affidavits should have restored enough signatures to qualify for the ballot.
The canvassers considered the affidavits but deadlocked over some, in part because they were submitted less than 48 hours before the board meeting.
The Supreme Court request came as Michigan faces a Friday deadline for finalizing its November ballot. Benson's filing said the deadline weighed against granting emergency relief.
