A Citizen Inquiry on Concerns for Michigan's August 2nd Primary and Future Elections

Citizen Letter to Michigan's Secretary of State on Poll Challenger Rights

MC4EI's Dr. Phil O'Halloran delivered a formal letter to Michigan Secretary of State Jocelyn Benson, voicing citizen concerns about how poll workers are selected and trained before the August 2nd Primary and subsequent elections. The letter requests a response from the Secretary's office within 24 hours so citizens can be confident that Michigan election law will be upheld in the coming contests.

The inquiry focuses on an apparent conflict between the May 2022 election manual and Michigan Election Law under MCL 168.733, which defines poll challengers' rights to observe procedures, inspect poll books without handling them, challenge voting rights and procedures, and stay through the canvass of votes.

Challenger Rights Under MCL 168.733

  • Space inside the polling place that allows challengers to watch election procedures and each person applying to vote.
  • Permission to inspect poll books without handling them while ballots are issued and names are recorded.
  • Authority to observe how election inspectors carry out their duties.
  • The right to challenge a voter's eligibility when there is good reason to believe the person is not registered.
  • The right to challenge an election procedure that is not being properly performed.
  • The ability to flag improper ballot handling, rule violations, campaigning by inspectors, or other breaches of election law.
  • The right to stay through the canvass until the statement of returns is signed.
  • The right to examine each ballot without handling it as it is counted.
  • The right to keep records of votes cast and other election procedures.
  • The right to observe the recording of absent voter ballots on voting machines.

Where the May 2022 Manual Conflicts

The May 2022 edition of the Secretary of State's manual, The Appointment, Rights and Duties of Poll Challengers, adds new directives that the letter contends lack a basis in Michigan law. According to the manual, challengers must obey election inspectors' directions, including where to stand and how to behave, and inspectors may tell a challenger to leave or ask the local clerk or law enforcement to remove them.

The letter argues that this wording conflicts with subsection (e) of MCL 168.733. The worry is that challengers' statutory authority would be subject to arbitrary directives from poll inspectors, and that the phrase "include but are not limited to" opens the door to abuse of authority. The letter cautions that challengers could be ordered to leave or moved for any reason, weakening their ability to perform statutory oversight.

Questions Posed to the Secretary of State

What should challengers do when a precinct captain or inspector directs them in ways that block their statutory oversight?
The letter requests that the Secretary's office clarify what steps challengers should take in that situation.
How can challengers report election law violations when they cannot reach every area where prescribed election procedures occur?
The letter seeks guidance on how challengers should report violations when access is limited.
What steps are being taken to update the Michigan Election Manual so it no longer conflicts with Michigan election law?
The letter asks what the Secretary's office is doing to bring the manual into line with current law.

Read the Full Letter and Source Documents

You can download the complete official letter, together with the referenced May 2022 manual.

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Download the May 2022 Challenger Manual

Download the Official Letter

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Poll challengers serve as a check on the process, and knowing their statutory rights under MCL 168.733 helps them carry out that role. MC4EI's inquiry asks the Secretary of State to clarify how those rights apply when the May 2022 manual and Michigan Election Law appear to differ.