Lyle Denniston

Sep 9 2016

Straight-ticket voting allowed in Michigan

Over the dissents of two Justices, the Supreme Court on Friday morning allowed Michigan voters to cast a straight-ticket ballot — a single vote that applies to every candidate from one party.  In a brief order, the Justices turned down a request by state officials to block such balloting.  The order is here.

Justices Samuel A. Alito, Jr., and Clarence Thomas noted that they would have granted the request to block a federal judge’s order permitting straight-ticket voting despite a state ban enacted by the legislature last year.

After the judge’s order, a panel of the U.S. Court of Appeals for the Sixth Circuit ruled that the challengers to the ban were likely to win when the case went on trial, on the view that the restriction probably violates the equal protection guarantee of the Fourteenth Amendment, because of its impact on black voters.  Later, the en banc Sixth Circuit Court voted 9-to-6 against reviewing the case at this time.

Michigan has has straight-ticket voting since 1891, and the method is popular with minority and poor voters, who do not have time to wait in long lines to cast votes when the ballot is long.

It would have taken the votes of five of the eight Justices to reimpose the ban for this year’s election.  Friday’s order did not provide an explanation of the view of any of the Justices for or against the state’s request.

Among voting rights disputes, which are multiplying in this election year, the Supreme Court is still considering a request to restore the so-called “Golden Week” of early voting that had existed in Ohio.  An order is likely to come out on that controversy very soon.

 

Lyle Denniston continues to write about the U.S. Supreme Court, although he “retired” at the end of 2019 following more than six decades on that news beat. He was there for three revolutions – civil rights, women’s rights, and gay rights – and the start of a fourth, on transgender rights. His career of following the law began at the Otoe County Courthouse in his hometown, Nebraska City, Nebraska, in the fall of 1948. His online, eight-week, college-level course – “The Supreme Court and American Politics” – is available from the University of Baltimore Law School, and it is free.

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