Kavanaugh Says No, Without a Long Explanation
Justice Brett Kavanaugh denied Americans for Citizen Voting-Michigan’s emergency request asking the U.S. Supreme Court to order its proposed constitutional amendment onto Michigan’s November 3 ballot. The measure would require proof of citizenship and photo ID for voting, according to the source article. Kavanaugh had asked Michigan for a response, received briefing on September 2, then issued a one-line denial on September 3. He did not write an opinion and did not refer the request to the full Court. So much for the nation getting a grand civics lecture from Washington. Instead, the answer was short, quiet, and very final for the federal track.
More Than 700,000 Signatures, Then a Sampling Fight
The petition group collected more than 700,000 signatures, which was well above the 446,198 needed to qualify for the ballot. The dispute began after Michigan election staff reviewed a “random” sample of 1,000 signatures and found 17 that they said did not meet the required standard. Organizers argued the state waited 5 1/2 months before reviewing the petitions, leaving them little time to respond once problems were raised. Their lawyers later produced 23 affidavits from people saying the signatures were theirs. In normal life, when someone says, “Yes, that is my signature,” that usually helps. In election bureaucracy, apparently it starts a fresh round of paperwork yoga.
Canvassers Deadlock After Affidavit Dispute
At an August 4 public hearing, the Michigan Board of State Canvassers deadlocked 2-2. According to the source article, two Democratic board members refused to accept signatures that were described during the dispute as “perfect matches” with Michigan’s qualified voter file because the related affidavits arrived after a 10 AM deadline, even though they were received on Saturday. Organizers argued that the Board’s delay, its refusal to count those affidavits, and the Michigan Supreme Court’s failure to act violated due process and equal protection. That is the sort of process fight that makes voters wonder whether the rules are written to protect elections or to protect the people who manage the rules.
The State Court Case Is the Last Door Still Open
Kavanaugh’s denial means federal courts will not force the proposal onto this year’s ballot. The Michigan Board of State Canvassers can finalize the November ballot at its Friday, September 4 meeting. The only remaining path for 2026 is the pending Michigan Supreme Court case, No. 170595. As of the source article, that court had not scheduled argument or issued an order. If it does not act before ballots are locked and printed, the proposal will be off the November ballot and, if it returns at all, would likely come back in 2028. For the petition organizers, the issue is not just one missed ballot line. It is whether a large signature drive can be stalled long enough for the calendar to do what officials would rather not say out loud.
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