Too Little Too Late

The Epoch Times reported the following today:

A Michigan judge ruled last week that Secretary of State Jocelyn Benson’s last October guidance relating to ballot signature verification was not in compliance with the law and thus it’s invalid.

Michigan Republican Party and Allegan County clerk Robert Genetski filed the lawsuit on Nov. 2, 2020, against Benson and Jonathan Brater, director of the Michigan Bureau of Elections.

The plaintiffs claimed that the guidance Benson issued last October violated the Administrative Procedures Act (APA) and should be nullified. They also asked the court to declare that they have the right to request an audit of their choosing, saying the state-wide audit in November did not review whether signatures were properly evaluated.

On Oct. 6, 2020, Benson issued guidance titled “Absent Voter Ballot Processing: Signature Verification and Voter Notification Standards.”

The guidance stated that clerks “must perform their signature verification duties with the presumption that the voter’s application or envelope signature is his or her genuine signature.”

The guidance also said signatures “should be considered questionable” only if they differ “in multiple, significant and obvious respects from the signature on file,” according to the court order (pdf). “Whenever possible,” election officials were to resolve “slight dissimilarities” in favor of finding that the signature was valid.

This is too little too late. The Secretary of State did not have the authority to change the law–that is the job of the legislature. Unfortunately, there were similar events in numerous states leading up to the 2020 election. I don’t believe there is anything we can do to change the results of the 2020 election, regardless of how valid or invalid those results were, but we need to make sure that in the future all of the states follow their own laws.