CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 8/29/2023 1

Late Overseas Ballots in Michigan 

United States v. Michigan 

(Robert J. Jonker, W.D. Mich. 1:12-cv-788) 

One week before Michigan’s 2012 federal primary election, upon 

learning that a substantial number of election jurisdictions were not 

in compliance, the Justice Department filed a complaint to enforce 

a requirement that absentee ballots be sent to overseas voters at 

least forty-five days in advance of an election. Four days before the 

election, the court approved a stipulated order extending the deadline for receipt of cast overseas ballots by the number of days that 

they were sent late. 

Subject: Absentee and early voting. Topics: Uniformed and 

Overseas Citizens Absentee Voting Act (UOCAVA); absentee 

ballots. 

One week in advance of Michigan’s 2012 federal primary election, the Justice 

Department filed a federal complaint in the Western District of Michigan to 

enforce a requirement of the Uniformed and Overseas Citizens Absentee 

Voting Act of 1986 (UOCAVA),1 as amended by the Military and Overseas 

Voter Empowerment Act of 2009 (MOVE Act),2 that absentee ballots be sent 

to overseas voters at least forty-five days before a federal election.3

 The complaint alleged a report, based on 71% of Michigan’s 1,517 election jurisdictions, that “62 cities and townships reported that they failed to send all of 

their UOCAVA ballots by the June 23, 2012 deadline.”4 The government 

filed with its complaint a motion for a temporary restraining order and a 

preliminary injunction.5

 The court assigned the case to Judge Robert J. Jonker,6

 who denied without prejudice a temporary restraining order on a conclusion that the government had made no effort to satisfy the procedural requirements for such relief.7

Following an August 3 hearing,8

 four days before the election, Judge 

Jonker approved a stipulated order on August 6 that, among other things, 

(1) gave overseas voters extensions beyond election day equal to the number 

1. Pub. L. No. 99-410, 100 Stat. 924, as amended, 52 U.S.C. §§ 20301–20311. See generally

Robert Timothy Reagan, Overseas Voting: The Uniformed and Overseas Citizens Absentee 

Voting Act (Federal Judicial Center 2016). 

2. National Defense Authorization Act for Fiscal Year 2010, Pub. L. No. 111-84, 123 Stat. 

2190, 2318–35. 

3. Complaint, United States v. Michigan, No. 1:12-cv-788 (W.D. Mich. July 31, 2012), 

D.E. 1; see Ballot Deadline Missed, Port Huron Times Herald, Aug. 1, 2012, at A1; Lawsuit 

Possible in Late Ballots, Detroit News, July 28, 2012, at A4. 

4. Complaint, supra note 3, at 4. 

5. Motion, United States v. Michigan, No. 1:12-cv-788 (W.D. Mich. July 31, 2012), D.E. 2. 

6. Notice, id. (July 31, 2012), D.E. 5. 

7. Order, id. (July 31, 2012), D.E. 7. 

8. Transcript, id. (Aug. 3, 2012, filed Aug. 6, 2012), D.E. 14; Minutes, id. (Aug. 3, 2012), 

D.E. 17. 
Late Overseas Ballots in Michigan 

2 Federal Judicial Center 8/29/2023 

of days late their jurisdictions sent out overseas absentee ballots and 

(2) permitted Michigan jurisdictions to certify results that could not be affected by outstanding overseas ballots.9

9. Stipulated Order, id. (Aug. 6, 2012), D.E. 16; see Reagan, supra note 1, at 10; Deadline 

Pushed for Late Ballots, Detroit News, Aug. 7, 2012, at A6.