Volunteers help students during their voting process at the District 13 polling precinct in IM Sports East. The Michigan primary day took place March 10, 2020.
The Michigan Supreme Court did not respond to a request to review challenges made to a directive that would prohibit open carry firearms near ballots on Election Day, according to a statement from the Michigan Attorney General.
The appeals court decision, which said the directive likely voted a procedural act, will now remain due to a lack of response from the Michigan Supreme Court.
Secretary of State Jocelyn Benson and Attorney General Dana Nessel submitted the request to the Supreme Court on Oct. 16.
Two lawsuits were filed, and later consolidated, against Benson's directive, which would prohibit the open carry of a firearm in the following locations, according to the statement:
In terms of the consolidated lawsuit, the trial court granted an injunction and found that Benson's directive had likely violated the Administrative Procedures Act. This decision was immediately appealed to the Michigan Court of Appeals, which would not hear the appeal, the statement said.
Following the appeal refusal, an application for leave to appeal was filed with the Michigan Supreme Court. Benson and Nessel's request asked that the court provide an answer by 10 a.m. on Nov. 2.
As the Supreme Court did not respond, the appeals court decision will stand on Benson's directive.
“Though I am disappointed that the Supreme Court hasn’t provided guidance in advance of Election Day, it does not change the fact that voter intimidation is still illegal in Michigan,” Nessel said. “Those who attempt to deter or interfere with someone trying to exercise the fundamental right to vote will be held accountable to the fullest extent of the law."
Voter intimidation is created by anyone who “threatens, coerces, or attempts to intimidate, threaten, or coerce" an individual as they exercise their right to vote.
The topic of voter intimidation has increasingly concerned the public as the election nears. The Lansing Police Department has issued a statement ensuring voter safety; however, Detroit voters have already experienced intimidation incidents, according to a reporter with the Detroit Free Press.
"Anyone who intimidates a voter in Michigan by brandishing a firearm is committing a felony," Benson said in the release. "The Attorney General and I are working with law enforcement to ensure the law is followed statewide.”
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