Benson: No mass mailing absentee ballot applications, but clerks need help

Michigan's clerks need lawmakers to give them more time, money and protection to most effectively protect the sacred institution of voting this year, Secretary of State Jocelyn Benson said Tuesday, unveiling legislative proposals during an event at the Book Cadillac in Detroit.

But it's what the secretary of state won't do this year that may garner the most attention: Benson confirmed her office has no plans to mail absentee ballot applications to every registered voter in the state, a decision that spawned conspiracies and prompted considerable conservative pushback in 2020.

"We've seen a significant number of voters know how to access their absentee ballot, how to request it. ... And I know and have faith that a lot of our local election administrators will be continuing to communicate with voters about how to request their absentee ballots," Benson said.

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There are key differences between this year and 2020, Benson argued Tuesday, pointing to the impact of COVID-19 on in-person voting during the last election and the fact it was the first statewide election cycle since Michigan voters approved no-reason absentee voting.

Benson, a Detroit Democrat, mailed more than 7 million applications to Michigan voters in spring 2020. Almost immediately after Benson's office sent the applications, former President Donald Trump wrongly suggested Benson mailed out actual absentee ballots to every voter and intimated it was illegal. The misinformation prompted a fierce amount of confusion and criticism, pushback that only escalated leading up to and after the 2020 election.

Benson faced multiple lawsuits challenging her authority to mail the applications. In a 2-1 ruling a few months before the November 2020 election, the Michigan Court of Appeals upheld a lower court’s decision that found that Benson acted lawfully when she mailed out absentee voter ballot applications to every registered voter in the state.

"Voting from home is becoming increasingly popular. Over two-thirds — 3.3 million of the 5.5 million citizens — who voted in 2020 voted from home. We see many of them are choosing to do so again," Benson said.

"It likely may not be that high, but we have to plan for it, so that we have provisions in place and machines in place and workers in place to handle that increase."

A key component of that preparation will require legislative action, Benson said. She called on lawmakers again to approve more time ahead of Election Day for clerks to prepare absentee ballots for counting.

While lawmakers eventually caved and gave clerks in the state's largest municipalities more time to prepare ballots to be counted in 2020, they were still barred from counting any votes until Election Day.

That was a temporary change — the update in law already expired. So once again, clerks are trying to prepare for an election where millions are expected to use absentee ballots and critics will decry any delay in results.

"Michigan voters often do not have unofficial results on election night or shortly after the polls close, and have to sometimes wait up to 24 hours after the polls close to get them," Benson said.

"That gives election deniers and other conspiracy theorists time to fill space between when the polls close and when the results are announced with false conspiracy theories that undermine our elections themselves, spread false and confusing theories as to what and why the results will be what they are and threaten ultimately not just our democracy, but our citizens' faith and voices and their vote."

Benson had three other key legislative proposals:

• Sending $100 million every year directly to local leaders for ensuring the safe and secure administration of elections. She said that includes upgrading election machines while providing more training to election workers, poll challengers and others. Funding may be used to increase security at polling places as well, she said.

• Creating new, harsher punishments for people who threaten, intimidate or dox election workers. Doxing is the process of sharing personal information like addresses or phone numbers online in an effort to harass someone. Workers are increasingly facing threats across the state and country, she said. She's specifically advocating for new felony punishments and said applicable behavior could include harassing or threatening election officials outside of their homes. Benson garnered national headlines after protesters rallied outside her home following the 2020 election.

• Allowing military voters and their spouses to return ballots electronically. Michigan's requirement that ballots be returned by mail likely resulted in almost 25% of military ballots showing up too late in 2020, Benson said.

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Benson's legislative priorities are similar to policies she has promoted in the past, many of which found little traction in the Republican-controlled Legislature. But the need for change now is paramount, she argued, suggesting misinformation and coordinated attacks on the mechanism of democracy make improvements ahead of August and November vital.

The chaos created by Trump and his supporters after the election prompted a slew of state legislative hearings. While a GOP-controlled Senate Oversight Committee debunked multiple theories of widespread fraud, Republican lawmakers unveiled a sweeping package of proposed changes to election law in 2021.

Benson and Gov. Gretchen Whitmer deemed all 39 bills as aggressive attempts to prevent people from voting. The secretary of state went much further, suggesting the legislative package was "un-American and anti-Democratic."

"You don't serve the people of this state by silencing their voices. Instead, you embarrass all of us," Benson said at the time.

Whitmer has since vetoed the handful of proposals from that package that made it to her desk. While several of the bills sought to create far stricter voter ID regulations and ban widely distributing absentee ballot applications, others would have expanded early voting locations or aligned with requests from local clerks in their efforts to clean up election rolls.

Benson acknowledged previous difficulties in getting the Legislature to take up her proposals. But she said local clerks more actively engaging with lawmakers about their need for more time and resources improves the chances of legislators listening.

The primary election is Aug 2. The general election is Nov. 8.

Reporter Clara Hendrickson contributed to this report.

Contact Dave Boucher: dboucher@freepress.com or 313-938-4591. Follow him on Twitter @Dave_Boucher1.

This article originally appeared on Detroit Free Press: Jocelyn Benson: No mass mailing absentee ballot applications this year