DNC brief highlights RNC’s illegal effort to disenfranchise military spouses

Today, the DNC filed a legal brief to combat a Republican attempt to disenfranchise thousands of U.S. citizens abroad, most notably military families. Ahead of a Michigan state court’s consideration of Republican National Committee v. Benson, the DNC filed an amicus curiae brief that shines a light on the federal rights of military spouses.

Last fall, the RNC filed a lawsuit in the Michigan Court of Claims aiming to rip away the voting rights of Americans overseas, including the spouses and family members of U.S. service members, by claiming that Michigan’s longstanding residency requirements for voting conflict with the State Constitution. The lawsuit ignores a federal law signed by President Trump in 2018 that allows military spouses to adopt a sponsoring servicemember’s residence for voting purposes.

While Republicans try to undermine voting rights so that only the “right people” can cast a ballot, Democrats will defend the rights of all eligible Americans to participate in our democracy, especially those serving our country in uniform and the family members who sacrifice to support them.

DNC Chair Ken Martin released the following statement: 

“Republicans’ outright assault on Americans’ voting rights knows no bounds as they now stoop to attacking the rights of our nation’s military families. The RNC’s lawsuit is not just a blatant attempt to tilt Michigan elections in their favor, but is an insult to the brave Americans who risked their lives in service of our country. The DNC will fight like hell to protect military spouses who are participating in the democracy that their loved ones defend.”

Background on the DNC’s legal actions: 

• This is the fifth attempt by Republicans to disenfranchise military families in less than two years. 
• In 2024, the DNC filed an amicus brief addressing the RNC’s core argument that Michigan’s longstanding laws, which have guaranteed voting rights for military families overseas, conflict with the Michigan Constitution. Michigan courts dismissed that case because it was filed too close to the 2024 election.
• In the latest suit, earlier briefs had fully addressed the RNC’s core arguments. This has allowed the DNC to file a brief specifically focused on the rights of military spouses under federal law.
• In this suit, Michigan Secretary of State Jocelyn Benson and Election Director Jonathan Brater are defending the rights of Michigan voters, represented by the Office of the Michigan Attorney General Dana Nessel. The Secure Families Initiative and the ACLU of Michigan have also submitted an amicus brief to protect Michiganders, authored by the ACLU, the Campaign Legal Center, and the law firm Selendy Gay.

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