Michigan Overseas Voting Law Stands in Blow to Republicans

The Republican National Committee lost its bid to invalidate a Michigan law allowing the spouses and children of state residents living overseas to cast absentee ballots.

The state law “comports with powers” granted by the Michigan Constitution, state Court of Claims Judge Sima G. Patel wrote Wednesday.

“Consistent with federal law, the Michigan Legislature made a policy choice to allow a small pool of individuals who accompany family members abroad to qualify as Michigan residents for the purpose of voting in Michigan because they are connected to Michigan through their spouse, parent, or someone serving a parental role,” Patel wrote. “The Legislature has defined the subject group as residents. The Legislature was granted that authority by the Constitution.”

The ruling is a blow to Republicans, who’ve sought to tighten eligibility for absentee voting.

The RNC, the Michigan GOP, and a local official sued, saying the state constitution mandates that voters who cast ballots in the state must’ve lived there for six months. They argued the law allowing these overseas voters to cast absentee ballots is either unconstitutional or only applies to presidential elections.

Patel said the US Supreme Court in 1972 struck down requirements that a resident live in a state for a certain period before being able to vote. The Michigan Constitution also says lawmakers have the power to “define residence for voting purposes” and that they have done so to include these overseas voters, the judge said.

This is the second lawsuit challenging Michigan’s overseas absentee ballot law. Another was filed shortly before the 2024 presidential election but was tossed for being filed so close to Election Day; the state appeals court later upheld that dismissal but said a ruling on the actual merits “can await another day and another lawsuit.”

The challengers are represented by Dickinson Wright.

The case is Republican Nat’l Comm. v. Benson, Mich. Ct. Cl., No. 25-000181-MZ, 4/22/26.