Michigan Court Consolidated Fusion Voting Lawsuits
The Michigan Court of Claims is weighing whether to overturn a state ban on fusion voting that has existed since 1895.
Updated on Oct. 13, 2026 in Law
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The Michigan Court of Claims has consolidated legal challenges brought by the Michigan Libertarian Party and the Michigan Common Sense Party regarding the state's long-standing ban on fusion voting. Plaintiffs argue that the practice would allow minor parties to act as force multipliers in elections.
Why it matters
The case challenges a restriction in place since 1895, with supporters of the lawsuit arguing that the ban infringes upon constitutional rights to free speech, freedom of association, and voting access.
The Michigan Court of Claims is considering a motion for summary disposition that could resolve the challenge to the 1895 state statute without a full trial. This case remains under the consideration of Judge Michael Gadola.
The players
Jocelyn Benson
Jocelyn Benson is the Michigan Secretary of State who is defending the state's existing election statutes in court.
Jonathan Brater
Jonathan Brater serves as the Director of Elections for the state of Michigan.
Michael Gadola
Michael Gadola is the judge presiding over the proceedings in the Michigan Court of Claims.
League of Women Voters of Michigan
The League of Women Voters of Michigan is a nonpartisan organization that advocates for voting rights and filed a brief in support of the plaintiffs.
The details
The Michigan Libertarian Party and the Michigan Common Sense Party are seeking to strike down the prohibition, with the League of Women Voters of Michigan filing a supporting brief in September 2026. Michigan Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater have moved for summary disposition to resolve the matter.
Timeline
Michigan first prohibited fusion voting in 1895.
Legal actions challenging the ban were initiated in the summer of 2026.
The League of Women Voters of Michigan filed a supporting brief in September 2026.
Political Context
Opponents of the lawsuit emphasize the state's historical adherence to the 1895 ban on fusion voting as a settled aspect of Michigan election law. This position maintains that the current statutory framework is necessary to preserve the structure of the two-party system.
A potential ruling to overturn the ban could fundamentally change how ballots appear and how minor parties participate in Michigan elections. Depending on the outcome, voters might see new options for fusion-backed candidates in future election cycles.
The takeaway
The consolidation of these lawsuits signals a significant judicial test for election statutes that have governed Michigan for over a century. Citizens should monitor the Michigan Court of Claims for updates on the motion for summary disposition.
Further reading
For more information on state legislative proceedings, visit the Law section.
Source note: This article includes information reported by Michigan Advance.
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Should states allow political parties to nominate candidates using fusion voting to increase electoral representation?
