Michigan citizens-only voting amendment blocked from November ballot after courts reject last-ditch appeals

By 
, September 7, 2026

Nearly 710,000 Michigan residents signed a petition to let voters decide whether only U.S. citizens should cast ballots in their state, and both the state and federal Supreme Courts refused to put the question on the November ballot.

The Michigan Supreme Court denied a petition by Americans for Citizen Voting late Thursday to order the state Board of State Canvassers to certify the citizens-only voting initiative. Hours earlier, U.S. Supreme Court Associate Justice Brett Kavanaugh rejected the group's emergency appeal without explanation. By Friday, the Board of State Canvassers finalized Michigan's November ballot, without the amendment.

The proposed constitutional amendment would have done three things: added language to Michigan's Constitution stating that only U.S. citizens can vote, required regular reviews of the state's voter rolls, and required photo identification at the polls. All three provisions poll well with voters nationwide. None will get a hearing from Michigan voters this fall.

Three signatures sank a 700,000-name petition

Americans for Citizen Voting submitted more than 700,000 signatures to the state back in March. The threshold to qualify for the ballot was 446,198 valid signatures, a number the group appeared to have cleared by a wide margin on raw volume alone.

But Michigan's Bureau of Elections did not count every signature. It reviewed a sample of 1,000. Of those, 629 needed to check out as valid for the initiative to move forward. The bureau found only 612 valid, 17 short of the cutoff, and recommended the Board of State Canvassers deem the entire petition insufficient.

The board conducted its own review of the same 1,000-signature sample and reached a different number: 626 valid. That was closer, but still three signatures short of the 629 needed. The discrepancy between the bureau's 612 and the board's 626 went unresolved, at least in any public explanation.

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When the board voted on whether to certify the petition, the result split along party lines, twice. Republicans voted to put the measure on the ballot. Democrats voted to block it. Both votes ended in ties, which meant the initiative could not advance without a court order.

That partisan deadlock is worth pausing on. The substance of the amendment, citizen-only voting, voter-roll maintenance, photo ID, commands broad public support. The question never reached voters because two tied votes on a board, driven by party affiliation, stopped it. The margin that killed it was three contested signatures out of a thousand-name sample drawn from more than 700,000 submitted names. The fight to block proof-of-citizenship measures from reaching voters has followed a pattern in Michigan, and this outcome fits it.

Courts ran out the clock

Americans for Citizen Voting had until September 2 to appeal to the Michigan Supreme Court. The group filed on time. Then it waited.

The state Supreme Court took no action. A spokesperson for the initiative described the situation bluntly to supporters last week: "The Michigan supremes sat on it. Outrageous. So we felt we had no chance."

With the state court silent and the calendar shrinking, the group took a step that organizers described as unprecedented, it went to the U.S. Supreme Court. The move marked the first time in recent Michigan history that a ballot-access fight reached the nation's highest court on an emergency basis. Justice Kavanaugh, who handles emergency matters from the relevant federal circuit, heard from both sides before denying the petition. He gave no explanation.

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Later that same Thursday, the Michigan Supreme Court finally acted, and denied the petition as well. The one-two rejection sealed the amendment's fate with absentee ballots set to go out in roughly 20 days. The broader legal landscape around Supreme Court voting-rights decisions continues to shift, but for this particular initiative, the window closed for good.

Kristin Combs: 710,000 signers 'deserved to have their voices heard'

Kristin Combs, a spokesperson for Americans for Citizen Voting, issued a statement after the twin denials:

"We are deeply disappointed by today's decision, particularly for the nearly 710,000 Michigan citizens who put their names on this petition believing they would have an opportunity to vote on it."

Combs added:

"We fought until the very last possible moment because those people deserved to have their voices heard. We are enormously grateful to every signer, volunteer, donor and supporter who stood with us throughout this fight."

The group named Michigan Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater as defendants in its federal petition, alongside the Board of State Canvassers. Neither Benson nor Brater has commented publicly on the outcome.

A familiar pattern on proof-of-citizenship measures

Michigan is not the only state where proof-of-citizenship voting requirements have run into institutional resistance. A federal judge permanently blocked a Trump executive order requiring proof of citizenship to vote, and congressional efforts to pass the SAVE America Act have faced similar headwinds. The pattern is consistent: proposals that would verify voter eligibility attract large public support but meet procedural and legal obstacles before voters ever get a say.

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In Michigan's case, the obstacle was a sample-based signature review that produced two different counts from two different bodies, neither of which cleared the bar by the state's own methodology. Whether three disputed signatures out of a thousand-name sample should override 700,000 submitted names is a question the courts declined to answer.

The broader debate over who has authority to set voting rules, state legislatures, courts, executive agencies, or federal judges, remains unresolved. Some Democratic lawmakers have argued that neither the executive branch nor the Supreme Court should alter election procedures close to an election. That argument cuts both ways: if timing matters, then a state court that sits on an emergency petition until the calendar runs out has made a decision by refusing to make one.

Michigan's Board of State Canvassers finalized the November ballot on Friday. The citizens-only voting amendment was not on it. Absentee ballots will begin arriving in mailboxes within weeks. And 700,000 Michigan residents who signed their names to a straightforward proposition, that only citizens should vote, that rolls should be maintained, that ID should be required, will not get the chance to put it to a vote.

The system worked exactly the way its gatekeepers wanted. Whether it worked the way the citizens of Michigan wanted is a question no one in power seemed interested in letting them answer.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson