A western Michigan community has agreed to pay $20,000 to settle a lawsuit filed by a woman who was denied a ballot in the 2022 midterm election despite being registered to vote. Ashleigh Smith of Muskegon County was repeatedly turned away from her polling place after officials failed to find her name in the voter database.
Smith visited her polling location multiple times on Nov. 8, 2022, but was told her address didn’t appear in the electronic voter roster.
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Holton Township Clerk Jill Colwell-Coburn later apologized but said there was nothing more she could do.
Smith, who had a voter registration receipt and a sticker on her driver’s license confirming her new address, could have been given a provisional ballot under Michigan law. Local officials also had the option to re-register her on-site, but neither solution was offered.
Smith’s attorney, Mark Brewer, said the case highlights the importance of ensuring voters are not turned away, especially when the issue could be quickly resolved.
“No voter should ever have to leave a polling place without voting,” Brewer said. He emphasized that changes in Michigan’s election laws provide safeguards for situations like Smith’s.
The township settled the case quickly, acknowledging that its actions were unjustifiable. However, in a March court filing, an attorney for the township and clerk argued that the officials acted in good faith and believed they were following the law.
Tags: 2022 Elections, 2024 Elections, Early voting, Mail-in voting, Voter registration, Voting, Voting machines, Voting Rights Act
A COMMUNITY IN WESTERN MICHIGAN REACHED A 20-THOUSAND DOLLAR SETTLEMENT WITH A WOMAN WHO WAS DENIED HER RIGHT TO VOTE DURING THE 2022 MIDTERM ELECTIONS.
IN MUSKEGON COUNTY… ASHLEIGH SMITH WENT TO HER POLLING PLACE IN NOVEMBER 2022, READY TO VOTE.
HOWEVER… DESPITE REGISTERING ONLINE, SMITH WAS REPEATEDLY TOLD HER INFORMATION COULD NOT BE FOUND IN THE VOTER DATABASE. THE CLERK TOLD HER THERE WAS NOTHING MORE SHE COULD DO TO RESOLVE THE ISSUE BEFORE THE POLLS CLOSED… AND SHE LEFT WITHOUT BEING ABLE TO CAST A VOTE.
UNDER MICHIGAN’S ELECTION LAW, SMITH SHOULD HAVE BEEN OFFERED A PROVISIONAL BALLOT, WHICH WOULD HAVE ALLOWED LOCAL OFFICIALS EXTRA TIME TO VERIFY HER INFORMATION. ANOTHER OPTION WOULD HAVE BEEN TO SIMPLY RE-REGISTER HER ON THE SPOT. NEITHER WAS OFFERED.
SMITH’S ATTORNEY STRESSED THAT NO VOTER SHOULD EVER LEAVE A POLLING PLACE WITHOUT CASTING THEIR VOTE, ESPECIALLY UNDER CIRCUMSTANCES THAT COULD HAVE EASILY BEEN RESOLVED. THEY ADDED THAT THIS CASE HIGHLIGHTS THE IMPORTANCE OF MAKING SURE POLL WORKERS FOLLOW UPDATED ELECTION LAWS TO PREVENT SIMILAR INCIDENTS.
IN THE LAWSUIT, THE TOWNSHIP AND CLERK WERE ACCUSED OF VIOLATING SMITH’S RIGHTS. THE TOWNSHIP QUICKLY MOVED TO SETTLE THE CASE, AGREEING TO A 20-THOUSAND DOLLAR PAYOUT WHILE ACKNOWLEDGING THEIR ACTIONS WERE UNJUSTIFIABLE.
WHILE TOWNSHIP OFFICIALS CLAIM THEY ACTED IN GOOD FAITH AND BELIEVED THEY WERE FOLLOWING THE LAW… THE SETTLEMENT SIGNALS AN IMPORTANT REMINDER OF VOTER RIGHTS AND THE OBLIGATIONS OF ELECTION OFFICIALS.
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