A challenge to the state’s rules on water contamination by a group of forever chemicals is on the Michigan Supreme Court’s November oral arguments docket.

The Department of Environment, Great Lakes and Energy’s rules are aimed at PFAS,  a family of chemicals used in clothing, cookware and firefighting foam. PFAS are often called “forever chemicals” because they’re so slow to break down. PFAS have been linked to a variety of conditions and health risks.

The manufacturing company 3M claims the state did not follow the law for promulgating regulations, which includes a requirement to provide an estimated cost of compliance. 3M says that should include the costs of cleaning up drinking water and groundwater. The state says it’s only required to provide an estimate for drinking water cleanup. Lower courts ruled against the state.

The PFAS case is one of a half dozen cases to be argued at the court’s Nov. 13 session. 

Michigan Attorney General Dana Nessel has issued guidance for election workers and law enforcement on everything from new voting laws to dealing with disturbances at polling places.

The 14-page document outlines laws about ballot drop box security, carrying firearms at and near polling places, electioneering near voting locations, the roles of election challengers and dealing with disruptive behavior.

“This guidance is critical to keep us all on the same page, preserve the rights of Michiganders in every community, and to maintain a safe environment at every voting location across the state,” Nessel said Thursday in a Zoom press conference.

One of the points addresses the use of police body cameras at polling places. The advice says officers need to ensure if they are called to a polling place, body cameras cannot violate the right of voters to privately fill out their ballots.

Nessel said law enforcement has a lot of discretion to address threats and disruptions but also a legal obligation to help ensure an orderly election.

“And it’s up to law enforcement from my office to our State Police to sheriff’s departments and local agencies in every community to preserve public safety and help ensure a secure legal voting environment,” she said.

Democratic Congresswoman Elissa Slotkin faced off tonight against former Republican Congressman Mike Rogers in Michigan’s final scheduled U.S. Senate debate of the election season.

The seat is open with the retirement of Democratic U.S. Senator Debbie Stabenow and the race will help determine the make-up of the Senate next year. Polling shows the race is tight.

During the hour-long debate held at the WXYZ-TV studios in Southfield, the candidates were asked about the economy, immigration and the cost of health care.

Gun control was a big difference between the candidates. Slotkin said she supports tougher federal gun laws.

“To me, we have to, as Democrats and Republicans, as gun owners and non-gun owners, go after the No.1 killer of our children in our communities and in our schools, by suicide and by accident, and it is the responsibility of our leaders to protect children,” she said.

Slotkin’s House district includes Oxford, the site of a mass school shooting in 2021.

Rogers said he does not want new gun laws and instead supports better enforcement of existing gun laws and improved mental health services for children.

“We need to enforce the gun laws that we have. We also need to deal with mental health issues that are happening in our schools,” he said. “This generation of Americans is under mental duress and distress like I have never seen before.”

The candidates were also asked about their stances on abortion.

Slotkin said she would support setting in law the standard that existed before the U.S. Supreme Court’s Dobbs decision that ended federal protections of abortion rights.

“If codifying Roe v. Wade came before the U.S. Senate, I would vote for it,” Slotkin said.

Rogers, who has a long record of supporting abortion restrictions, said he would not go against the wishes of voters who adopted a state reproductive rights amendment in 2022.

“I will respect the vote of the people of Michigan that they put as part of the Michigan Constitution,” Rogers said.

On student loan debt, the candidates agreed that a national service program might be an option for dealing with the increasing burden of educational costs and interest on loans. Slotkin also endorsed a 2.5% interest rate cap on student loans.

Absentee voting is already underway in Michigan so this debate could be the closing argument for many voters. Election Day is Nov. 5.

Congresswoman Elissa Slotkin faced off Tuesday night against former Congressman Mike Rogers in their first debate in the race to fill Michigan’s open U-S Senate seat.

The candidates clashed over electric vehicles, abortion rights and their political loyalties.

Rogers, the Republican nominee who served in the House from 2001 to 2015, described Slotkin as a Democrat too aligned with President Joe Biden and Vice President Kamala Harris.

“My opponent has voted 100 percent with the Biden-Harris agenda,” he said during the one-hour faceoff hosted by WOOD-TV in Grand Rapids.

Slotkin, who’s been in Congress since 2019, invited Republicans disenchanted with the GOP under former President Donald Trump to cross over and vote for her.

“For Republicans who feel like their party has left them over the past couple of years,” she said, “you will always have an open door in my office.”

The candidates argued over electric vehicle incentives supported by Slotkin.

“It’s either going to be us or China,” she said. “Right now, China is eating our lunch on these types of vehicles and Michigan has had the experience of missing these trends, right? In the 70s and 80s, we said, oh everyone loves their big cars, no one’s ever going to buy a fuel-efficient vehicle and then the Japanese and the Koreans came in and ate our lunch and we’ve never made up that market share.”

Rogers said that is the wrong approach.

“Why that is a good plan when there are other things we can do?” he said. “The electric grid isn’t even ready to handle it. We’ve got to fix that. We’ve got to make sure that hybrids is an interim step here before you get to the next one. You beat China by selling Americans cars they want to buy.”

Rogers and Slotkin agreed that U.S. energy policy should include wind, solar, fossil fuels and nuclear. They both support re-starting the Palisades nuclear plant in southwest Michigan. It would be the first mothballed nuclear plant in the U.S. to resume operations if that happens.

One issue they disagreed on was abortion rights. Slotkin said she would vote for a federal law to restore in law the Roe v. Wade decision guaranteeing abortion rights that was reversed by the U.S. Supreme Court. She noted Rogers has a record of supporting abortion restrictions throughout his political career.

“Every single time he was casting one of those votes, he was saying something very particular,” she said. “He was saying to women he does not trust you to make your own decisions about your own family planning. Every single time.”

But Rogers said the Supreme Court properly put the question back to states. Rogers said he would not support national laws that interfere with Michigan’s reproductive rights amendment that was adopted by voters in 2022.

Polls show the Senate race in Michigan is within the margin of error. It is one of a handful of races that could determine control of the Senate. There is a second debate scheduled for next week in Detroit.

The U.S. Supreme Court has refused to hear a challenge to Michigan’s constitutional ban on direct or indirect public financial support for non-public schools.

The Mackinac Center Legal Foundation represents five families who argued the 1970 ban violates the U.S. Constitution’s equal protection clause. The parents would like to be able to claim a tax break for private school tuition savings accounts.

A central element of the Mackinac Center’s case was an argument that the amendment is rooted in religious bigotry and animus toward Catholics in particular. That is despite the fact that the amendment is silent on religion.

“The time period that it was passed, 1970,  it was written facially neutral, but the way that it was campaigned upon was very anti-Catholic, and so there is this stigma that has remained with and we were hopeful that the court would recognize that stigma,” said Patrick Wright, the foundation’s legal director.

Lower federal courts held the voter-approved amendment to the state Constitution does not violate religious freedom protections. The Supreme Court refused the appeal without comment.

Douglas Pratt with the Michigan Education Association said that was the right call because, otherwise, the door would be opened to indirect diversions of money from public education.

“Michigan’s Constitution is very clear on public money not going to private schools,” he said. “Voters have stood up against efforts to change that over the years. Taxpayer funds should rightly go to our public schools, where the vast majority of our students attend.”

A group of former state GOP politicians, staffers and consultants announced Thursday that they are endorsing Vice President Kamala Harris for President.

Many members of the group are well-known in state GOP circles and say they hope to move enough other Republicans to vote Democratic to make a difference in the swing state of Michigan.  

Former Congressman Dave Trott, who represented southeast Michigan in the U.S. House from 2015 to 2019, said Republican nominee Donald Trump was a disappointment as president and poses a danger if returned to the White House.

“He’s emotionally, intellectually, psychologically and, of course, morally unfit to be president,” Trott said during an online news conference.

Trott said he voted for Trump in 2016 but then for President Joe Biden four years later. Trott said the Jan. 6 insurrection and Trump’s refusal to accept the 2020 election result confirmed his judgment.

“Now Trump is more dangerous than ever,” Trott said. “He promised to be a dictator on day one. He’s called for the termination of our Constitution. Let me repeat, a candidate for president in this country has called for terminating our Constitution.”

Trott was referring to a December 2022 post on his social media site Truth Social complaining about the outcome of the 2020 election.

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” Trump said. Trump later tried to walk it back, but did not remove the post.

Members of the Michigan Republicans for Harris group say their differences with the Democratic nominee are minimal compared their fears about a second Trump presidency.

Long-time GOP strategist and advisor Bill Nowling said Trump mismanaged the economy and foreign policy when he was in office and on January 6th showed he is a threat to a stable democracy.

“We’ve been down this road before,” said Nowling. “We know where it ends. It ends in tyranny. It ends in protests. It ends in mobs taking over our illustrious capitol.”

The announcement of the Republican group’s support for Harris coincided with Trump’s campaign visit to Saginaw. The region is considered key to winning the battleground state of Michigan.               

Trump’s Michigan campaign spokesperson dismissed the announcement.

“Former Rep. Trott hasn’t been a Republican for years, and frankly no one cares what he says,” said Victoria LaCivita in an email. “Michigan families are worried about paying their bills, putting food on the table, and saving for their kids’ college tuition.

Any ‘Republican’ campaigning for another four years of unfettered illegal immigration and rising prices under Kamala Harris is neither Republican nor worth listening to.”

A federal judge has struck down major portions of Michigan’s sex offender registry law.

The decision potentially affects many thousands of people whose names remain on the sex offender registry through many years of litigation. In some cases, names were supposed to be removed before the Legislature made changes to the law. There are also people on the list who were never charged with a sex crime.

In short, the lawsuit filed by the American Civil Liberties Union of Michigan says changes to the law are unconstitutional because they altered the rules on defendants after their convictions or plea deals. Also, the suit says the law wrongly treats everyone on the registry as though they’re a high risk to public safety. And it argues many of the things people on the registry are required to report to the Michigan State Police — such as email accounts and social media identifying information — do not help law enforcement protect the public and violate First Amendment rights.

U.S. District Court Judge Mark Goldsmith did not strike down the registry entirely, upholding its purpose and rejecting the argument for an individual hearing before anyone can be placed on the registry. But, he wrote, the 2021 version of the law “exacts a heavy toll on registrants.”

“This includes requiring frequent in-person reporting, publishing personal information online, and often requiring registration for life,” he wrote. “Yet, as discussed above, there is a spirited debate regarding its effectiveness, particularly as it relates to reducing recidivism. While it is true that SORA contributes to public safety by deterring first-time offenders and providing members of the public with information they can use to protect themselves, it is not clear that these purposes alone justify the heavy toll on registrants.”

Attorney Miriam Aukerman with the ACLU of Michigan said the decision recognizes much of the law is unfair and doesn’t serve its intended purpose.

 “So there are significant changes that will need to be made to address constitutional flaws found by the court,” she told the Michigan Public Radio Network.

Aukerman said it may take weeks or longer to negotiate with the Michigan Attorney General and the Michigan State Police the details of an order to implement the judge’s decision.

The state could try to appeal the decision.

“In consultation with the Attorney General’s Office, we’re still reviewing the ruling and working to determine next steps,” said Michigan State Police Communications and Outreach Director Shanon Banner. 

Absentee ballots will go in the mail this week to Michigan voters who have requested them. The Thursday mail drop kicks off the early voting season in Michigan headed toward the November elections.

Easier access to absentee and drop off ballots as well as earlier in-person voting are among the voting options available under an amendment to the Michigan Constitution approved by voters in 2022.

There is still time for people to request an absentee ballot, said Christopher Thomas, a former state elections director who’s worked in both Republican and Democratic administrations. He said people already on the absentee ballot list should see ballots in their mailboxes by early October.

“So if the ballots are available as required this Thursday, I would give it at least a week,” he said. “And, of course, you can track your AV ballot.”

The state’s elections website at Michigan.gov/vote allows people to follow their absentee ballot from the request to ensuring it was counted. There is also still time to request a ballot through the website.

Thomas said he expects more than 40% of voters to use a mail-in ballot or a ballot drop box or early in-person voting in this year’s election. Both Democrats and Republicans are encouraging their party’s voters to use any of those methods to cast their ballots before Election Day.

Michigan’s jobless rate ticked up to 4.5% in August, the third month in a row the state unemployment rate has registered a slight increase.

Non-farm payroll jobs dropped by roughly 2,000 in August — a small number compared to a total job count of 4,488,000. Payroll jobs declined by 19,000 over the past three months.

Michigan Bureau of Labor Information Director Wayne Rourke said the state’s job market appears to be settling into more normal patterns after steep losses during the COVID-19 pandemic followed by big job gains and a strong recovery.                

”Everything we’re seeing is pretty incremental,” he told the Michigan Public Radio Network. “There’s not any massive movement in any particular industry that would tell a big story, but we are seeing a general softening in the last few months.”                

Rourke also said a look at the year-to-year data shows the overall state and national job trends are similar even though the U.S. as a whole showed a small boost last month.

“Over the year, Michigan’s unemployment rate is up half a percentage point while the U.S. is up four-tenths of a percentage point,” he said. “So, the trends are really similar and what we’re seeing here is what’s happening nationwide as well.”

Two former top state House Republican staffers will go to trial on allegations they embezzled from political funds for their personal use.

Together and separately, Robert and Anne Minard face more than a dozen felony charges, several with maximum sentences of 20 years in prison. They pleaded not guilty to the charges at a preliminary hearing last month.

East Lansing District Court Judge Molly Hennessey Greenwalt denied a defense motion to exclude evidence seized from the couples’ home under a search warrant. The judge held the warrant sufficiently explained what law enforcement was looking for in seized documents. She then determined the state has enough evidence to send the case to trial in the Ingham County Circuit Court.

The charges allege they embezzled from two political funds and a political action committee that was under their control to cover expenses after they had been separately reimbursed for them.

“The Minards engaged in a vast, complex scheme of fraud, and through this deception, stole hundreds of thousands of dollars from nonprofits and political action committees,” Michigan Attorney General Dana Nessel said in a statement released by her office. “My department is pleased to see this case progress and remains committed to pursuing political operatives who violate the law for their own personal gain.” 

The Minards were top aides to then-House Speaker Lee Chatfield, the Republican leader during the 2019-2020 session. Chatfield also faces corruption-related charges in a separate case.    

Robert F. Kennedy Jr. filed a last-ditch federal lawsuit Thursday in an effort to get his name off Michigan’s presidential ballot. That’s as local clerks are already finalizing ballots for printing.

Kennedy exhausted his appeals in Michigan courts before turning now to federal courts — even though the state’s legal deadline to get ballots to printers is passed. Angela Benander, a spokesperson for Secretary of State Jocelyn Benson, told the Michigan Public Radio Network the filing will not change current plans.

“Clerks are currently in the process of printing ballots to ensure absentee ballots will be delivered to voters by the federal deadlines,” said Benander. She said those deadlines ensure absentee ballots are in the mail to overseas and military voters in time for them to be returned and counted.

The Michigan Supreme Court on Monday held Kennedy’s name would remain on the ballot, which settled the matter in state courts.

Kennedy has had mixed results in having his name stricken from ballots in states where he has already qualified. He suspended his campaign last month and endorsed former President Donald Trump, the Republican nominee.

Michigan Secretary of State said Kennedy waited until it was too late to withdraw as the nominee of the Natural Law Party of Michigan. Kennedy sought and accepted the minor party nomination as a way to get on the Michigan ballot. Withdrawing now would leave the party without a presidential candidate.

But in the lawsuit filed Monday with the U.S. District Court for Michigan’s eastern district, Kennedy argued the state is violating his constitutional freedom of speech and freedom of association rights.

“Keeping Mr. Kennedy off the ballot will also cause no harm to the public,” said Kennedy’s filing. “Conversely, leaving Mr. Kennedy’s name will serve only to mislead voters, upend election and ballot integrity…”

In the filing, Kennedy also complained that he is being held to a different standard than President Joe Biden, who exited the presidential race on July 21 and cleared the way for Vice President Kamala Harris to be nominated.

But there is a critical distinction. Biden was in the race and the presumptive nominee prior to stepping aside. But he was never formally nominated and, thus, never accepted the nomination.

Harris was waiting in the wings when Biden withdrew his name from consideration following a disastrous debate performance against Trump. She was formally nominated by the Democratic National Convention on August 6th, which placed her on Michigan’s ballot.

The state will now have an opportunity to respond to Kennedy’s lawsuit and motion to remove his name. But the court does not have to accept the case or take any other action.

Michigan Secretary of State Jocelyn Benson will tell a congressional panel that “lies,” threats to election workers and foreign interference are big concerns heading into the final weeks of this year’s political campaigns.

According to a copy of her testimony shared with the Michigan Public Radio Network, Benson will say that, although she is an elected Democrat, the role of the secretary of state or other election officials is not partisan or political.

“But it is a role that increasingly forces us — whether we consider ourselves Republicans, Democrats, or independents — to endure threats, harassment, false and malicious attacks on our character and integrity,” she said. “Why? Because of lies — about our work, about the security of our elections and our own integrity.”

Benson will appear alongside a bipartisan group of six secretaries of state, many from states considered competitive in the presidential race. Benson’s statement includes warnings about foreign interference in U.S. elections, and threats and harassment faced by election workers. Her statement also includes concerns about underfunding of elections and the need to maintain and update voting technology.

It is likely Benson can expect to face some tough questions from the Republican-controlled House Committee on Administration.

Read more:

• Benson, election officials hail recent reforms at press conference
• County clerks on security, early voting in the 2024 general election
• What Jocelyn Benson has been doing to protect Michigan’s elections

The Michigan Supreme Court ruled Monday that Robert F. Kennedy Jr.’s name will be on the state’s presidential ballot.

This appears to settle the legal battle and allows local clerks to start printing absentee ballots to mail to overseas and military voters. Kennedy is the nominee of the Natural Law Party of Michigan. But he tried to remove his name from the ballot after suspending his campaign and endorsing former President Donald Trump, the Republican nominee.

The case pitted Kennedy against election officials in the Secretary of State’s office who determined Kennedy flouted Michigan’s deadlines and election standards.

The order in the case was unsigned but in written statements, there was clearly a division between justices nominated by the Democratic and Republican parties.

Justice Elizabeth Welch, who was nominated by Democrats, wrote in a concurring statement that Kennedy had plenty of time to withdraw and his late exit left the Natural Law Party of Michigan without a nominee after Kennedy sought and accepted the convention nomination.

“Plaintiff waited more than four months before asking defendant to remove his name from the ballot. When plaintiff made his request, defendant faced a deadline for ballot printing that was two weeks away,” she wrote. “Additionally, the Natural Law Party, which opposed plaintiff’s efforts to remove himself from the ballot, had no opportunity to field a candidate and faced considerable prejudice.”

In a dissenting opinion, two Republican-nominated justices said the decision will only add to election turmoil.

“The ballots printed as a result of the Court’s decision will have the potential to confuse the voters, distort their choices, and pervert the true popular will and affect the outcome of the election,” said Justices Brian Zahra and David Viviano. “In short, the Court’s ruling will do nothing to rebuild the public’s trust in the fairness and accuracy of our elections.”

There was some urgency to the case since the deadline to finalize ballots was last week so absentee ballots can be sent to military and overseas voters.

A court majority also ruled in a separate, unsigned opinion, that a paperwork error on petitions will not bar academic and activist Cornel West from the Michigan presidential ballot as an independent.

A Michigan Court of Claims judge acted quickly Tuesday to deny Robert F. Kennedy Jr.’s request to be removed from the state’s presidential ballot. That’s after Kennedy suspended his campaign last week to back Republican nominee Donald Trump.

Kennedy wants a court to reverse the determination of election officials in the Secretary of State’s office that he missed the deadline for removing his name as the nominee of the Natural Law Party of Michigan. Kennedy is trying to end his candidacy in Michigan and other swing states where he could siphon support from former President Donald Trump, the Republican nominee.

“Plaintiff, a public figure, does not want to represent to the citizens of Michigan that he is vying for their votes for the position of President of the United States,” said Kennedy’s legal filing. “Keeping his name on the ballot against his wishes compels this speech and subjects him to derision, anger, reputational harm, and loss of good will by those who would vote for him based on this speech and later find out their vote was wasted and in vain.”

Kennedy argued the deadline cited by the state elections bureau applies only to down-ballot races and not to candidates for president.

Court of Claims Judge Christopher Yates dispatched the case very quickly, noting the urgency of resolving election-related questions this late in the cycle. Yates wrote the law is “clear and conclusive” that election officials in the Secretary of State’s office are not empowered to go along with Kennedy’s “self-serving act”

“Elections are not just games,” he wrote, “and the Secretary of State is not obligated to honor the whims of candidates for public office.”

Michigan Attorney General Dana Nessel praised the ruling.

“Michigan election law in this instance is unambiguous and the Department of State made the correct decision,” she said in a written statement. “…The law does not apply less because a candidate changes their plans. I appreciate the Court making a quick and wise ruling on this matter.”

Kennedy’s Michigan attorneys did not reply to a request for comment or plans to appeal.

If history is any guide, it is highly unlikely that Kennedy would win Michigan’s 15 electoral votes. The last third-party candidate to win Michigan was former President Teddy Roosevelt, who left the Republican Party to run as the candidate of the Progressive “Bull Moose” Party in 1912. That helped Democratic nominee Woodrow Wilson unseat Republican incumbent President William Howard Taft.

Robert F. Kennedy Jr. will remain on the Michigan presidential ballot, despite his announcement Friday that he is suspending his campaign and backing former President Donald Trump, the Republican Party’s nominee.

“Robert F. Kennedy Jr.’s campaign reached out to the Michigan Bureau of Elections late this afternoon in an attempt to withdraw his name,” said bureau spokesperson Cheri Hardmon, adding that the campaign was informed the deadline to remove his name from the ballot had passed.

Kennedy is on the state ballot as the nominee of the Natural Law Party of Michigan. That party’s state nominating convention was held back in April.

Hardmon said the party could have held a new nominating convention any time until the state’s August presidential primary.

“The Natural Law Party held their convention to select electors for Robert Kennedy Jr.,” she said. “They cannot meet at this point to select new electors since it’s past the primary.”

Kennedy’s quixotic campaign sought the Natural Law Party of Michigan nomination because it was easier and less expensive than gathering thousands of signatures required to get on the state ballot as an unaffiliated independent candidate.

Now, Kennedy said, he wants to be removed from the ballot in states where his candidacy could hurt Trump’s chances. Michigan is considered a swing state, and recent polls show Trump in a close race with Democratic nominee Vice President Kamala Harris.

The Natural Law Party seeks to apply the principles of transcendental meditation to government. Kennedy has no prior affiliation with the party or the transcendental meditation movement. The advantage of a big name for a minor party is the likelihood of winning enough votes to automatically qualify for ballot access in future elections.

The Natural Law Party of Michigan and the Kennedy campaign did not respond to messages seeking comment.