A Michigan Court of Claims judge has ruled that Secretary of State Jocelyn Benson violated state election law by ordering clerks to count absentee ballots even when the ballot stub number did not match the number printed on the return envelope or when the ballot stub was missing. The ruling confirms that the Republican National Committee’s lawsuit was correct in arguing that Benson instructed election workers to tabulate ballots that the law clearly identifies as invalid.
The judge’s opinion, written by Michigan Court of Claims Judge Brock A. Swartzle on December 3, 2025, leaves no ambiguity. Michigan law only permits absentee ballots to be counted when the two identifying numbers match, and when they do not match the ballot cannot be tabulated. Swartzle wrote that the Legislature could not have been clearer and that election officials have no lawful authority to count these ballots in any form.
“The Secretary has pointed to no legislative authority to tabulate an absent-voter ballot when
the stub number does not match the envelope number, or the stub is missing.“
The court also determined that Benson’s guidance does not align with the statutory text of Michigan Election Law following its amendment in February 2024. The judge said counting ballots when the assigned numbers differ undermines the integrity of elections and is not something that can be justified as an oversight.
These Ballots Can No Longer Be Counted First And Questioned Later
For years Michigan election workers were told to count mismatched or stubless ballots as challenged ballots and let them enter the total and only revisit them if later necessary. The judge rejected that method entirely. Illegal ballots must be stopped before they are counted, not allowed into the results and left to become an issue only if a recount exposes them. Michigan officials cannot count a questionable vote now and worry about it later when the legality of the ballot is not verified at the moment it is processed.
Past Elections Using These Instructions Deserve Full Review
The judge did not examine previous elections but the fact remains that Benson’s invalid guidance has been active for multiple statewide races. Illegal votes were mixed into election totals under the same policy the court has now declared unlawful. This ruling raises serious questions about how many questionable ballots were counted in those contests and whether vote totals in very close races may have been affected. Republicans are calling for a full accounting of past ballots counted under the rejected procedures to restore confidence that every legal voter’s voice was properly protected.
Benson Is Running The Election She Is Running In
This legal defeat comes while Jocelyn Benson is running for Governor in 2026 and while she still exercises full power over the administration and certification of the election she is a candidate in. The conflict of interest is undeniable. She would preside over voting and ballot security procedures at the exact moment she is seeking the highest office in the state. The RNC argues that this creates an unacceptable risk for Michigan voters who must be able to trust that the system is impartial and not skewed to benefit one candidate, especially one who has already been found to have broken election law.
Federal Oversight Needed For A Free And Fair 2026 Election
The RNC says the ruling supports its demand for federal monitoring of Michigan’s elections in 2026. With Benson’s unlawful directives exposed and her name scheduled to appear at the top of the ballot in the same election she will oversee, Republicans believe only outside oversight can provide voters the transparency and accountability they deserve. They insist that the people of Michigan need meaningful safeguards in place so that no illegal votes are counted under the watch of a candidate who has already proven willing to push election rules outside the bounds of state law.
Michigan voters deserve confidence that their vote is not canceled out by one that should never have been counted. The RNC says this ruling is the first step toward that accountability and the next step must ensure the 2026 midterms are conducted with strict compliance guaranteed by independent oversight wherever Benson’s role presents a risk.
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