By John Clore | Investigative Journalist | 3/28/2025 at 8:12 AM
LANSING, MI — Michigan Governor Gretchen Whitmer and Secretary of State Jocelyn Benson are once again under fire — this time for allegedly bypassing the state legislature and the U.S. Constitution in reshaping Michigan’s election laws.
A coalition of two state senators and nine state representatives, led by Senator Jonathan Lindsey (R-Coldwater) and Representative Steve Carra (R-Three Rivers), have filed a petition with the U.S. Supreme Court, demanding the justices intervene in what they call a dangerous precedent: amending election law via ballot initiatives without any legislative approval.
The Power Play Behind Proposals 2 and 3
At the heart of the legal challenge are Proposal 2 (2022) and Proposals 2 & 3 (2018) — constitutional amendments that significantly altered Michigan’s election framework. These include:
Same-day voter registration without valid identification
Up to 29 days of early voting
Allowing private funding for election administration
While promoted as “voter access” measures, critics argue the ballot initiatives circumvented the legislative process and eroded checks and balances in violation of the Elections Clause of the U.S. Constitution, which reserves election regulation for state legislatures — not governors or voter referendums.
“This is about whether the people’s representatives can defend the Constitution against blatant overreach,” said William Wagner of the Great Lakes Justice Center.
Lower Courts Refused to Hear It – Now SCOTUS Is Their Last Shot
The original case, Lindsey v. Whitmer, was dismissed by both a federal district court and the Sixth Circuit Court of Appeals, citing a lack of "standing" — meaning the plaintiffs weren’t allowed to argue the case on its merits.
Undeterred, the lawmakers have appealed to the U.S. Supreme Court, asking it to resolve a critical constitutional question: Who has the authority to change election laws — the legislature, or the people via initiatives pushed by political operatives with deep pockets?
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The Slippery Slope to Nationwide Abuse
“This isn’t just about Michigan,” said Rep. Rachelle Smit (R-Martin). “If this is allowed to stand, any well-funded interest group can rewrite election laws in any state, sidestepping legislative accountability altogether.”
The petition warns that this "backdoor" method of lawmaking could open the floodgates to nationwide abuse — including attempts to force Ranked Choice Voting (RCV) onto state ballots.
“Outside actors know they can’t convince lawmakers to pass election-integrity-killing laws,” said Patrice Johnson of Michigan Fair Elections. “So they deceive voters directly through ballot initiatives and massive ad campaigns funded by dark money.”
Indeed, efforts are already underway to place RCV on Michigan’s 2026 ballot — using the same mechanism now being challenged in the Supreme Court.
SCOTUS Could Put Whitmer and Benson Back in the National Hot Seat
Although the U.S. Supreme Court hears only a tiny fraction of the cases submitted each year, legal experts say this one could make the cut due to the constitutional implications.
If granted, the case could thrust Governor Whitmer, Secretary Benson, and Elections Director Jonathan Brater into another round of intense national scrutiny — and possibly force a reckoning on how election law can, and cannot, be changed.
