WASHINGTON — U.S. Supreme Court Justice Brett Kavanaugh has directed Michigan election officials to respond to an emergency application seeking to place a proposed constitutional amendment involving citizenship verification and voter identification requirements on the state’s Nov. 3 ballot.
The Supreme Court docket in Americans for Citizen Voting-Michigan, et al. v. Michigan Board of State Canvassers, et al., Case No. 26A275, shows Kavanaugh requested a response from state officials by noon EDT Wednesday, Sept. 2.
Americans for Citizen Voting-Michigan filed the emergency application Monday after turning to the Michigan Supreme Court last week in an attempt to overturn a decision that kept the proposal off the ballot.
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The application names the Michigan Board of State Canvassers, Secretary of State Jocelyn Benson and Elections Director Jonathan Brater as respondents.
The dispute centers on whether the campaign collected enough valid petition signatures to qualify for the ballot.
Americans for Citizen Voting submitted 709,841 signatures, while 446,198 valid signatures were required. The Michigan Bureau of Elections reviewed a random sample of 1,000 signatures and initially determined 612 were valid, below the 629 needed under the state’s sampling formula to recommend certification.
Campaign supporters later challenged rejected signatures and submitted affidavits from voters seeking to verify signatures that had been deemed invalid.
Following a lengthy Aug. 24 meeting, the Board of State Canvassers deadlocked 2-2 over whether to certify the proposal. The two Republican members voted for certification, while the board’s two Democratic members voted against it. Without a majority vote, the proposal was not certified for the November ballot.
Americans for Citizen Voting then asked the Michigan Supreme Court to intervene. With election deadlines approaching, the organization turned to the U.S. Supreme Court Monday, arguing that waiting longer for the state court could leave it without an effective remedy.
In its emergency application, the group argues Michigan’s handling of the disputed signatures violated its rights to due process and equal protection under the 14th Amendment.
The organization is asking the U.S. Supreme Court to order Michigan officials to place the amendment on the ballot while the litigation continues. It requested action by Sept. 3, citing Michigan’s approaching ballot preparation deadlines.
The proposed constitutional amendment goes beyond simply declaring that only U.S. citizens may vote. According to the official petition language, it would establish a citizenship verification system, require documentary proof of citizenship in certain circumstances, change voter identification requirements and require reviews of Michigan’s voter rolls.
Beginning with elections on or after Nov. 2, 2027, voters whose citizenship had not been verified could be required to cast provisional ballots and provide documentation within six days for those ballots to be counted.
Supporters argue the changes would strengthen election security and voter confidence. Americans for Citizen Voting says its proposal would create clearer constitutional protections for citizen-only voting, voter-roll verification and photo identification.
Opponents have argued the proposal could make voting more difficult for eligible citizens who lack easy access to identification or citizenship documents. Voting-rights groups also challenged signatures submitted by the campaign during the certification process.
The dispute at the Board of State Canvassers ultimately came down to a small number of signatures. Published reports following the Aug. 24 meeting said canvassers had recognized 626 valid signatures from the sample — three short of the 629 needed — when the board voted on certification.
The campaign contends additional signatures should have been accepted, including signatures backed by affidavits from voters confirming they signed the petitions. Opponents argued some of that material was submitted after established challenge deadlines and should not be considered.
The Supreme Court’s request for a response does not mean the justices have agreed with the campaign or decided to put the proposal on the ballot. It gives Michigan officials an opportunity to answer the campaign’s arguments before the court decides whether emergency relief is warranted.
Kavanaugh handles emergency applications originating from the 6th U.S. Circuit Court of Appeals, which includes Michigan.
Michigan officials now have until noon Wednesday to file their response.
