Supreme Courts Block Michigan Proof-of-Citizenship Ballot Measure

The Michigan Board of State Canvassers holds the authority to certify citizen-led constitutional amendments for the state ballot, a discretionary power the state's highest court has now ruled it cannot override. Following a 2-2 partisan deadlock by the board over signature validity, both the Michigan Supreme Court and U.S. Supreme Court Justice Brett Kavanaugh declined emergency interventions last week, finalizing the November 2026 ballot without a proposed proof-of-citizenship voting measure. The campaign's organizers must now wait until the 2028 election cycle to mount a new petition drive.[2][3]

The legal dispute centered on the mathematics of signature verification. The group Americans for Citizen Voting Michigan submitted more than 750,000 signatures in March to qualify the amendment, which would have required residents to show photo identification to vote and mandated a systematic review of the state's Qualified Voter File. Under Michigan law, a ballot initiative requires 446,198 valid signatures—equivalent to 10% of the votes cast for governor in the previous election.[1][3]

Rather than verify every signature, the Michigan Bureau of Elections analyzes a random sample of 1,000 entries. To meet the threshold, at least 629 of those sampled signatures needed to be valid. After processing challenges and rebuttals, the state determined that only 626 signatures in the sample were valid, leaving the campaign three signatures short of the requirement.[2][4]

The shortfall triggered a deadlock at the Board of State Canvassers. The board's two Republican members voted to certify the measure, while its two Democratic members voted against it. The disagreement hinged partly on affidavits submitted by the campaign to cure defective signatures; five of those affidavits were filed within 48 hours of the board's meeting, missing a procedural deadline imposed by the board.[3][4]

Americans for Citizen Voting appealed the deadlock to the Michigan Supreme Court, seeking a writ of mandamus to compel the board to certify the amendment. In a 16-page, 6-1 ruling, the state justices denied the request. The court concluded that the canvassers' decision on the 48-hour deadline and signature validity fell within their administrative discretion, meaning there was no strict ministerial duty for the court to enforce. Justice Brian Zahra cast the lone dissenting vote.[3][4]

Hours before the state court ruled, the campaign also sought an emergency injunction from the U.S. Supreme Court. Justice Brett Kavanaugh, who handles emergency applications arising from the Sixth Circuit, denied the request without referring it to the full court and without providing a written explanation. The dual rejections arrived just ahead of the September 4 deadline for state election officials to finalize the November ballot.[1][2]

The proposed amendment represents the state-level front of a broader national effort by Republican lawmakers and conservative advocacy groups to mandate documentary proof of citizenship for voter registration. Both federal and Michigan state law already prohibit noncitizens from voting. State audits indicate the practice is exceptionally rare; of the more than 5.7 million votes cast in Michigan during the 2024 election, officials publicly charged six individuals with voting without citizenship.[1][3]

The campaign's defeat concludes an effort that raised millions of dollars, including more than $3 million spent specifically on petition management and paid signature gathering. "We are deeply disappointed by today's decision, particularly for the nearly 710,000 Michigan citizens who put their names on this petition believing they would have an opportunity to vote on it," Americans for Citizen Voting spokesperson Kristin Combs said following the rulings. The group has indicated it plans to restart the process for the 2028 ballot.[3][4]