WASHINGTON, D.C. (Michigan News Source) – Michigan Attorney General Dana Nessel’s office, representing Secretary of State Jocelyn Benson and other state respondents, is urging the U.S. Supreme Court to reject an emergency request to place a proposed citizenship voting amendment on the November ballot.

The dispute centers on a proposed constitutional amendment that would require proof of U.S. citizenship to register to vote and photo identification to cast a ballot. The measure stalled after the Board of State Canvassers deadlocked 2-2 over whether Americans for Citizen Voting-Michigan (ACVM) collected enough valid signatures on their petitions to qualify for the ballot in a 1,000-signature sample.

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As Michigan News Source reported on Tuesday, ACVM turned to the nation’s highest court Aug. 31 after filing its case with the Michigan Supreme Court only four days earlier. ACVM wants an emergency injunction ordering state officials to certify the proposal for the Nov. 3 ballot.

State Says SCOTUS Should Stay Out

In a response filed with Justice Brett Kavanaugh today, Nessel argues the request is highly unusual because no Michigan court has yet held a hearing or issued a ruling in the case. The filing argues ACVM is essentially asking SCOTUS to become the first court to decide its claims.

Among Nessel’s arguments are that ACVM has failed to show it is likely to succeed on its due process or equal protection claims and that the extraordinary injunction should be denied.

Clock Is Ticking

The state says a decision is needed by Friday, Sept. 4, when Benson must issue the election call to Michigan’s 83 counties so ballot printing can begin.