Judge tosses Kallman lawsuit challenging voter-approved election law changes
GRAND RAPIDS — A federal judge has dismissed a lawsuit filed by Ottawa County's corporation counsel on behalf of 11 far-right Republican state lawmakers claiming two separate voter-approved constitutional amendments in 2018 and 2022 violated their civil rights.
On Sept. 28, Kallman Legal Group filed a lawsuit in the U.S. District Court for the Western District of Michigan arguing that Proposal 3 of 2018 and Proposal 2 of 2022 "are an unconstitutional usurpation of state legislator’s (sic) rights to participate in law-making decisions under the Elections Clause" of the U.S. Constitution.
The lawsuit sought a declaratory judgment that the amendments have no legal effect on the ability of state legislators enacting laws, subject to the governor’s veto power, to regulate the times, places and manner of federal elections.
On Wednesday, April 10, federal Judge Jane M. Beckering dismissed the lawsuit, saying the legislators lacked standing and couldn't establish how the voter-approved initiatives caused them injury or harm.
"In sum, Plaintiffs have not met their burden at the pleading stage to demonstrate injury-in-fact and have concomitantly failed to demonstrate... standing," Beckering wrote in her opinion.
More: Kallman part of effort to strike down early voting plan proposal
The lawmakers listed in the suit included several founders and supporters of Michigan's Grand New Party, a far-right off-shoot of the traditional Grand Old Party. The plaintiffs include:
Sen. Jonathan Lindsey of Coldwater
Sen. Jim Runestad of White Lake
Rep. Steve Carra of Three Rivers
Rep. James DeSana of Carleton
Rep. Joseph Fox of Fremont
Rep. Neil Friske of Charlevoix
Rep. Matt Maddock of Milford
Rep. Brad Paquette of Niles
Rep. Angela Rigas of Caledonia
Rep. Joshua Schriver of Oxford
Rep. Rachelle Smit of Shelbyville
The lawyers leading the effort include Erick Kaardal, a Minnesota attorney who unsuccessfully challenged the results of the 2020 election in Wisconsin, and David and Stephen Kallman of Kallman Legal Group, hired by Ottawa County as corporate counsel in early 2023.
Proposal 3 of 2018, which won 67 percent approval from voters, allows for no-reason absentee voting in Michigan and restored straight-party voting on ballots, a choice the previously GOP-controlled legislature took away, according to The Detroit News. Proposal 2 of 2022 allows for early in-person voting and passed with 60 percent support.
Prop 2 requires nine days of early voting be available for state and federal elections. It first took effect during the Feb. 27, 2024, presidential primary. Municipalities may partner to create early voting centers for multiple regions, rather than financing their own.
— Sarah Leach is executive editor for The Holland Sentinel. Contact her at sarah.leach@hollandsentinel.com. Follow her on Twitter @SentinelLeach.
This article originally appeared on The Holland Sentinel: Judge tosses Kallman lawsuit challenging voter-approved law changes
