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Judge strikes down guns at poll places ban; appeal filed

LANSING, MI (MPRN)--   An appeal has been filed after a judge struck down Secretary of State Jocelyn Benson’s ban on the open carry of guns at polling places on Election Day.

Unless it’s reversed by a higher court, Court of Claims Judge Christopher Murray’s

decision applies to voting places and absentee counting boards next Tuesday. The only exception would be schools, churches and other places have banned open carry.

Murray was clear in his skepticism during online oral arguments. He suggested that Benson waited too long to issue the order with the Election Day drawing near.

“The secretary just didn’t do this in the right place at the right time,” he said. “They could have done this months ago.”

“Things happen all the time that we aren’t ready for,” responded Assistant Attorney General Heather Meingast.

She said the directive was a response to a growing threat of violence and intimidation. The state’s written brief argued the directive was required to meet the responsibility to provide “an island of calm” for voters and poll workers.

“The need for this directive wasn’t apparent months ago,” she said. “As we set forth in our brief, the need for this, for this instruction, for something to happen quickly, has grown over the last several weeks.”

The state has filed an emergency application with the Michigan Court of Appeals asking the court to overturn the judge’s decision.