Ballot Battle Reversal: Michigan Appeals Court Rules Mail-In Votes Count Even With Missing Stubs

State election workers can officially tabulate mail-in ballots that arrive with missing or mismatched stubs, following a ruling by the Michigan Court of Appeals. The decision reverses a previous order from the Michigan Court of Claims that would have blocked those votes from being counted normally.

The legal battle began in September 2024 when the Republican National Committee, the Michigan Republican Party, and Chesterfield Township Clerk Cindy Berry filed a lawsuit.

They challenged guidance issued by the Secretary of State, which instructed election workers to treat ballots with stub discrepancies as “challenged ballots” so they could still be processed, rather than rejecting them outright. The plaintiffs argued that this guidance violated state law and that the ballots should be thrown out.

In December 2025, the Court of Claims sided with the plaintiffs, ruling that election inspectors did not have the authority to count those ballots and implementing a 10-step procedure to fix the errors. Michigan Attorney General Dana Nessel quickly appealed that decision on behalf of the Secretary of State and the Director of Elections, arguing the lower court misread the law.

The Court of Appeals agreed with Nessel, stating that the Court of Claims erred in its interpretation of the statute. The higher court concluded that Michigan law does not prohibit counting these ballots and that the Secretary of State’s instructions were perfectly legal. It also found that the lower court abused its discretion by forcing the 10-step fix without making the required legal findings.

Supporters of the guidance welcomed the ruling. “Every eligible voter deserves a voice in our democracy, and this lawsuit was just another tactic by Republicans to bully clerks, suppress votes, and disrupt our elections,” Attorney General Nessel said. “I am relieved that the Court of Appeals saw through this stunt and struck down a burdensome hurdle for our local election workers.” Nessel noted that the decision marked her office’s fourth legal victory regarding elections this week.

Governor Gretchen Whitmer also expressed support for the ruling, emphasizing its impact on voters and local officials. “Michigan elections are safe and secure,” Whitmer said. “Secretary of State Benson and countless local clerks and government officials work hard to run elections and help Michiganders make their voices heard. This ruling by the Michigan Court of Appeals will help them continue to do their jobs and give Michiganders the confidence that their votes can be cast and counted.”

Lt. Governor Garlin Gilchrist II called the lawsuit a partisan attack on the state’s election systems, while Secretary of State Jocelyn Benson stressed that her office has consistently followed the law.

“Today, the court decisively rejected baseless claims about our process and policy for mail ballots,” Benson said. “The plaintiffs tried to force election officials to throw out ballots legally cast by Michigan voters, silencing their voices. This ruling affirms that the voice of every Michigan voter matters, striking a strong blow against the RNC’s ongoing project to undermine faith in Michigan’s secure elections and make it harder for our citizens to vote.”

The decision caps off a busy week of election-related litigation for the Attorney General’s office. Other recent legal outcomes include a motion for summary judgment blocking federal control over state elections, the dismissal of a U.S. Department of Justice lawsuit targeting voter information, and a federal court ruling that struck down a March 2025 executive order concerning elections.