Michigan Supreme Court sides with Benson in poll challenger guidance

(FOX 2) - The Michigan Supreme Court upheld the secretary of state's guidelines for poll challengers on election day, siding with the state and its authority to issue rules for officials.

By a 4-3 vote, the high court reversed lower court decisions that sided with two separate plaintiffs that argued the rules were not properly developed, leaving instructions in place for the upcoming general election in November.

Among the rules upheld by the court were provisions requiring the credentials used by election challengers must be on a particular form created by the Secretary of State and requiring poll watchers to communicate their challenges only to a designated liaison unless otherwise instructed.

Jocelyn Benson celebrated the decision for recognizing her department's authority for issuing guidance to the state's 1,600 clerks. 

"As our guidance has consistently made clear, challengers have a right to participate in the election process and they play an important role. But election officials have a responsibility to maintain order in the polling place and ensure voters can cast a ballot without interference," she said in a statement.

Benson added the clarity would help poll workers and challengers better execute the election.

Those who brought the two lawsuits against the secretary before having both cases condensed into one, argued the changes to guidance for poll challengers were improperly installed and didn't go through the appropriate rule making process.