Foreclosure Voter Lawsuit Settled
How the 2008 “Lose Your House, Lose Your Vote” Case Ended
This article documents the conclusion of the landmark 2008 voter suppression case in Michigan. The lawsuit, filed by the Obama campaign over Republican plans to use foreclosure lists to challenge voters, ended in a settlement that established important voter protection precedents.
In October 2008, the federal lawsuit over Michigan’s “Lose Your House, Lose Your Vote” controversy came to a close — not through a court ruling, but through a negotiated settlement that would establish a crucial precedent for voter rights during the foreclosure crisis.
The Settlement Agreement
On October 20, 2008, Democrats and the Obama campaign dropped their federal lawsuit against the Michigan Republican Party. In exchange, the GOP agreed to join in a historic public statement about voter eligibility and foreclosure status.
Joint Statement
“The Republicans have denied the allegations and have stated that they never intended to challenge voters based on any such list. To clarify the matter for all voters, all parties are pleased that they agree that the existence of a person’s address on a foreclosure list does not provide a reasonable basis for challenging the person’s eligibility to vote and that none of these parties will challenge any voter’s eligibility on that basis.”
What the Settlement Achieved
Key Outcomes
- Foreclosure status explicitly ruled out as basis for voter challenges
- Joint statement signed by attorneys for all parties
- Agreement applied to both Republican and Democratic parties
- Set precedent for future voter protection efforts
Partisan Interpretations
Both sides claimed victory, offering dramatically different interpretations of what the settlement meant:
The Democratic Perspective
The Republican Perspective
Timeline of the Case
Legal Significance
While the settlement was not a court ruling and technically lacked binding legal force, its significance went beyond the immediate case:
Parties to the Settlement
- Obama for America
- Democratic National Committee
- Republican National Committee
- Michigan Democratic Party
- Michigan Republican Party
- Macomb County Democratic Party
- Macomb County Republican Party
The Broader Context
The “Lose Your House, Lose Your Vote” controversy emerged during the worst housing crisis since the Great Depression. Michigan was among the hardest-hit states:
Michigan’s Foreclosure Crisis (2008)
- Michigan ranked among top states for foreclosure rates
- African-American communities disproportionately affected by subprime lending
- Macomb County, center of the controversy, saw thousands of foreclosures
- Using foreclosure lists would have impacted majority-Democratic areas
Why It Still Matters
The 2008 case established an important principle that continues to be cited in voter protection efforts:
The Precedent
Housing status — whether someone has lost their home, is in foreclosure, or has moved — does not automatically disqualify them from voting. Voters retain the right to cast a ballot while updating their registration, and economic hardship should never be used as a tool for voter suppression.
Related Coverage
Protect Your Right to Vote
If you’ve recently moved or are facing housing instability, you can still vote in Michigan. Update your registration at the Michigan Voter Information Center.