As reported by Michigan Messenger’s Eartha Melzer yesterday and updated this afternoon, the Michigan Republican Party is planning, was planning or secretly remains planning to challenge voters based on foreclosure activity for properties at which voters may be registered.
In the story, Melzer quoted J. Gerald Hebert, a former voting rights litigator for the U.S. Justice Department who now runs the Campaign Legal Center, a Washington, D.C.-based public-interest law firm:
“At a minimum what you are seeing is a fairly comprehensive effort by the Republican Party, a systematic broad-based effort to put up obstacles for people to vote. Nobody is contending that these people are not legally registered to vote.”
Indeed, even if a person’s home has been foreclosed upon, and they have been evicted from that home, Michigan election law 168.507a allows a voter to vote at their last-registered voter address.
“(2) A registered and qualified elector of this state who has moved from the city or township in which he or she is registered to another city or township within the state after the sixtieth day before an election or primary election shall be permitted to vote in the election or primary election at the place of last registration upon the signing of a form containing an affidavit stating that the move has taken place. This subsection shall apply if the county in which the elector is registered has not implemented the county file as the official file pursuant to section 509e.”
Additionally, a person’s registration outweighs even the state’s Homestead Exemption Affidavit — signed by a property owner under penalty of perjury — as the true place of residence and eligibility.
How do I know this? In 2001, I brought suit in Ingham County Circuit Court to have Dr. Olga Holden removed from the Lansing Community College Board of Trustees because she was not a resident of the district. My evidence was her Homestead Exemption Affidavit signed for a property at Gull Lake in southwest Michigan. But the Circuit Court and the Appeals Court both ruled that the voter registration outweighed the affidavit.
As such, even if a person were in the midst of a foreclosure, their voter registration– not the property records and affidavits — is more important for determining voting eligibility.
Pingback: Lets steal an election | hell's handmaiden