Obama Campaign Files Lawsuit to Stop Foreclosure Voter Challenges

On September 16, 2008, the Obama campaign and the Democratic National Committee filed a federal lawsuit in Michigan to stop what they called “a new and especially repellent version of voter caging” — the alleged Republican plan to use home foreclosure lists to challenge the eligibility of thousands of Michigan voters on Election Day.

The Allegations

The lawsuit stemmed from explosive allegations first reported by the Michigan Messenger. According to the report, Michigan GOP spokesman James Carabelli told a reporter:

Democrats argued this constituted illegal “voter caging” — a practice where mass mailings are sent to addresses, and if the mail is returned, voters at those addresses are challenged at the polls.

Why Foreclosure Lists?

Michigan was among the states hardest hit by the 2008 housing crisis. The alleged strategy would have targeted voters in the most economically vulnerable communities:

Critics noted that foreclosure status does not automatically change a person’s voting residency. Many homeowners facing foreclosure continue to live in their homes for months or years during the process. Others may have moved but remained eligible to vote at their new addresses.

The Legal Challenge

The lawsuit was filed in the U.S. District Court for the Eastern District of Michigan on behalf of:

• Obama for America (the campaign)
• The Democratic National Committee
• The Michigan Democratic Party
• Three individual Macomb County residents who had experienced foreclosure

The defendants named were:

• The Republican National Committee
• The Michigan Republican Party
• The Macomb County Republican Party

Timeline of the Controversy

The Settlement

On October 20, 2008 — just two weeks before Election Day — the parties reached a settlement and issued a joint statement:

The settlement was characterized differently by each side:

Republicans maintained they had never planned such challenges in the first place and the lawsuit was a political stunt.

What is Voter Caging?

The lawsuit brought national attention to the practice of “voter caging,” a technique with a troubling history:

The practice has historically been used to target minority voters, students, and military personnel — groups more likely to have mail returned or addresses that don’t match voter rolls.

National Context

The Michigan lawsuit was part of broader 2008 voter suppression concerns:

• Ohio: Similar allegations about foreclosure list voter challenges
• Colorado: Reports of GOP voter caging operations
• Nevada: Voter registration challenges
• Nationally: Concerns about voter ID laws disenfranchising minority voters

The election ultimately saw record turnout, with Barack Obama winning the presidency as the first African-American president.

Legacy and Ongoing Relevance

The 2008 Michigan foreclosure lawsuit established important precedents:

Questions about voter challenges, list maintenance, and voting rights continue to be debated in every election cycle. The 2008 Michigan case remains an important reference point in discussions about protecting voter access while maintaining election integrity.