LANSING, MI (WKZO AM/FM) — As of Tuesday, a Michigan judge has voted to place a preliminary injunction against Secretary of State Jocelyn Benson’s directive to ban firearms from within 100 feet of polling locations, according to a report from the Detroit Free Press.
In his decision, Michigan Court of Claims Judge Christopher Murray said that Benson did not follow the proper procedures for enacting such a measure, which Benson says is necessary to prevent voter intimidation at the polls.
He said that Benson and her office should have enacted the rule months ago in order to run it through proper procedures under the Michigan’s Administrative Procedures Act, which would allow more time and input.
Benson had previously said that the presence of open firearms at polling places can “cause disruption, fear, or intimidation for voters, election workers, and others present.”
The matter had been brought to court by multiple gun rights activist groups, such as Michigan Open Carry Inc., Michigan Gun Owners, and the Michigan Coalition for Responsible Gun Owners, according to the Free Press.
According to state law, although many polling locations are in places where open carry is banned anyway, such as schools and churches, polling places in and of themselves are not banned from open carry. The ban was considered by opponents to be outside of Benson’s authority.
The directive was originally announced on October 16.
Both Benson and Attorney General Dana Nessel have since announced plans to appeal the ruling. Nessel‘s Press Secretary Ryan Jarvi has issued the following statement regarding the matter:
“We intend to immediately appeal the judge’s decision as this issue is of significant public interest and importance to our election process.”
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