1:25-cv-01374•Beltinck et al v. McInerney et al
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STEPHANIE BELTINCK, et al., Plaintiffs, Hon. Jane M. Beckering v. Case No. 1:25-cv-1374 JENNY MCINERNEY, et al., Defendants. ____________________________________/ REPORT AND RECOMMENDATION Pro se Plaintiffs Stephanie Beltinck and Shelly Lake commenced this action on November 5, 2025 pursuant to 42 U.S.C. § 1983 seeking declaratory and injunctive relief against Defendants Jenny McInerney, an attorney with the Michigan Bureau of Elections (Bureau), Jonathan Brater, the Bureau’s Director, and Michigan Secretary of State Jocelyn Benson in connection with an administrative hearing currently set for November 18, 2025. In particular, Plaintiffs allege that certain aspects of the administrative process and hearing, which concerns their Help America Vote Act (HAVA) complaints, violate their right to procedural due process under the Fourteenth Amendment. (ECF No. 1 at PageID.19–23.) Along with their complaint, Plaintiffs filed an Emergency Motion for Temporary Restraining Order (TRO) and Preliminary Injunction. (ECF No. 2.) On November 6, 2025, the Court denied Plaintiff’s request for a TRO (ECF No. 6) and referred the case, along with the motion for a preliminary injunction, to the undersigned. (ECF No. 7.) That same day, I entered an Order directing Plaintiffs to personally serve a copy of their motion on Defendants and to file a proof of service within 24 hours of service. (ECF No. 8.) Although Plaintiffs apparently failed to serve a Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 1 of 20
2 copy of their motion on Defendants, and failed to file the required proof of service, Defendants learned of the motion through review of the Court’s docket and filed their response on November 13, 2025. (ECF No. 9.) For the following reasons, and pursuant to 28 U.S.C. § 636(b)(1)(B), I recommend that Plaintiffs’ motion be DENIED. I. Background A. HAVA Background Congress enacted HAVA, 52 U.S.C. § 20901, et seq., in the wake of voting controversies that occurred in connection with the November 2000 presidential election. See Bay Cnty. Democratic Party v. Land, 347 F. Supp. 2d 404, 412 (E.D. Mich. 2004). The Act is aimed at promoting voting and election administration systems that will “be the most convenient, accessible and easy to use for voters” and “will be nondiscriminatory and afford each registered and eligible voter an equal opportunity to vote and have that vote counted.” 52 U.S.C. § 20981(a)(1) and (3). Among other things, HAVA establishes an Election Assistance Commission that assists States with the administration of Federal elections, conducts studies and issues reports, and assists with the administration of certain Federal election laws and programs. Id., §§ 20921, 20981. HAVA also requires States to create reliable registration rolls by implementing a uniform, regularly updated computerized statewide voter registration list. Id. § 21083. In addition, HAVA authorizes funding to States to help them meet the requirements of the Act. Id. § 21001. Congress provided two express avenues to enforce HAVA’s provisions. First, the Attorney General may bring actions for injunctive and declaratory relief “as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements” under various HAVA provisions. 52 U.S.C. § 21111. Second, “any person who believes that there is a Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 2 of 20
3 violation of any provision of subchapter III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint” under “State-based administrative complaint procedures.” Id. § 21112(a)(1), (a)(2)(B). A State that receives funding under a HAVA program is obligated to “establish and maintain” such “administrative complaint procedures.” Id. § 21112(a)(1). HAVA specifies the following requirements and procedures: (A) The procedures shall be uniform and nondiscriminatory. (B) Under the procedures, any person who believes that there is a violation of any provision of subchapter III (including a violation which has occurred, is occurring, or is about to occur) may file a complaint. (C) Any complaint filed under the procedures shall be in writing and notarized, and signed and sworn by the person filing the complaint. (D) The State may consolidate complaints filed under subparagraph (B). (E) At the request of the complainant, there shall be a hearing on the record. (F) If, under the procedures, the State determines that there is a violation of any provision of subchapter III, the State shall provide the appropriate remedy. (G) If, under the procedures, the State determines that there is no violation, the State shall dismiss the complaint and publish the results of the procedures. (H) The State shall make a final determination with respect to a complaint prior to the expiration of the 90-day period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making such a determination. (I) If the State fails to meet the deadline applicable under subparagraph (H), the complaint shall be resolved within 60 days under alternative dispute resolution procedures established for purposes of this section. The record and other materials from any proceedings conducted under the complaint procedures established under this section shall be made available for use under the alternative dispute resolution procedures. Id. § 21112(a)(2). B. The Bureau’s Complaint Process In accordance with Section 21112(a)(2), Michigan has adopted the required administrative complaint procedures. (ECF No. 9-2.) The procedures provide that a person who believes an Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 3 of 20
4 election authority has violated Title III of HAVA may file a complaint with the Bureau, which the Bureau will forward to the election authority within five days for a response. The Bureau may consolidate two or more complaints “if they contain substantially similar allegations against an election authority” or are “filed by the same person.” (Id. at PageID.280.) A complaint must: (1) identify the election authority that has violated HAVA Title III; (2) cite the Title III provision allegedly violated; (3) explain how the named election authority violated the provision; and (4) state that the complainant “either witnessed or possesses first-hand knowledge of the conduct alleged in [the complaint].” (Id. at PageID.281.) In addition, a complaint may request that the Bureau conduct a hearing on the record and include “[n]otarized affidavits from a maximum of three (3) persons who witnessed the alleged violations.” (Id.) The election authority’s response to the complaint, if any, must be made within 25 days after receipt of the complaint and, like the complaint, may include up to three notarized affidavits of “persons who have information that may assist the Bureau in determining whether the election authority violated Title III.” (Id. at PageID.282.) At a hearing, the complainant may call as witnesses only those persons who provided affidavits with the complaint, and the election authority may call as witnesses only those persons who provided affidavits in the response. The Bureau shall designate one or more persons to direct the hearing. (Id. at PageID.283.) In resolving the complaint, the Bureau must weigh both written testimony and oral testimony presented at the hearing. If the Bureau finds no reason to believe that the election authority violated Title III, it shall dismiss the complaint. On the other hand, if the Bureau finds reason to believe that a violation has occurred, it must provide an appropriate remedy and publish the results of its final determination on its website. (Id. at PageID.282–83.) Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 4 of 20
5 C. Plaintiffs’ HAVA Complaints On September 10, 2025, Beltinck filed the first of her three complaints, which the Bureau designated HAVA 2025-01. This complaint alleged that the platform supporting the statutorily- required electronic return of military ballots violated HAVA’s audit requirements because it has no paper trail or audit capacity. The Bureau notified the election authority of the complaint on September 15, 2025. (ECF No. 9-3 at PageID.289.) On September 11, 2025, Lake filed a HAVA complaint, which the Bureau designated HAVA 2025-02. This complaint alleged that the deletion of information from electronic pollbooks following an election eliminates the ability to audit results. The Bureau notified the election authority of the complaint on September 16, 2025. (Id.) The same day, Beltinck filed her second complaint, which the Bureau designated HAVA 2025-03. This complaint alleged that the information contained in Michigan’s voter registration list is not auditable because it lacks time stamps and assigns multiple user ID numbers to a single voter. The Bureau notified the election authority of this complaint on September 15, 2025. (Id.at PageID.289–90.) On September 17, 2025, the Department of State issued a notice of isolation wall to all department staff listing the three complaints that had been received at that time. The notice indicated that Defendants Brater and McInerny would serve on the “Bureau Adjudication Team,” while Defendant Benson and the Department’s Legal Services Administration staff would serve on the “Secretary of State Team.” All Department staff were notified that the two teams were “isolated from any discussions concerning this matter outside their respective teams.” (Id. at PageID.291.) Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 5 of 20
6 Beltinck filed her last complaint, alleging that the deletion of information from electronic pollbooks removes manual audit ability, on October 8, 2025. 1 The Bureau designated this complaint HAVA 2025-05 and provided notice to the election authority on October 10, 2025. (Id. at PageID.290.) Also on October 10, 2025, the Bureau notified Plaintiffs that their HAVA complaints had been consolidated pursuant to the HAVA complaint process. (ECF No. 1 at PageID.9; ECF No. 9-3 at PageID.291.) With each complaint, Plaintiffs submitted a USB drive containing documents. After the drives were scanned for security threats, the Bureau transmitted them to the election authority for consideration. Upon review of the documents for HAVA 2025-05, the Bureau discovered that only one item included on the USB drive was listed on the exhibit list for the complaint and another item was only partially included on the exhibit list. The USB drive included four additional documents that were not included on the exhibit list. (Id. at PageID.293.) On October 23, 2025, the Bureau sent Beltinck an email notifying her of the situation and asking for clarification. (ECF No. 1-5; ECF No. 9-3 at PageID.293.) Beltinck responded the same day, stating that she would be including the additional documents in HAVA 2025-05 in addition to the exhibits already received. The Bureau responded on October 29, 2025, notifying Beltinck that the HAVA complaint process does not permit a complainant to supplement an existing complaint with new materials. (ECF No. 1-6; ECF No. 9-3 at PageID.293.) Lake’s complaint and at least one of Beltinck’s complaints named both Defendants Brater and Benson as respondents. By letters dated September 16, 2022, and October 10, 2025, Defendant Brater notified Plaintiffs that because Defendant Benson, as the “chief election officer of the state” 1 Beltinck filed another complaint in between HAVA 2025-03 and HAVA 2025-05, but that complaint was dismissed because it was not properly notarized. (ECF No. 9-3 at PageID.290.) Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 6 of 20
7 pursuant to Mich. Comp. Laws § 168.21, is the “election authority” subject to the administrative complaint process, the complaints were dismissed insofar as they named Brater as a respondent, but would proceed with Defendant Benson as the respondent. (ECF No. 1-1; ECF No. 1-13; ECF No. 1-13.) In addition, in at least two of her complaints, Beltinck alleged violations of the National Voter Registration Act, the Voting Rights Act, the Civil Rights Act, and the U.S. Constitution. (ECF No. 1-1 at PageID.28–29; ECF No. 1-2 at PageID.31–32.) By letters dated October 1, 2025, and October 10, 2025, Defendant Brater notified Beltinck that these portions of the complaints were dismissed as they fall outside of Michigan’s HAVA complaint process, but that the matters would proceed as to the alleged HAVA violations. (ECF No. 1-1 at PageID.28–29; ECF No. 1-2 at PageID.31–32.) Defendant Benson filed her response to the first three complaints on October 10, 2025. (ECF No. 1-14.) The response, titled “motion to dismiss,” included a portion arguing that Plaintiffs’ HAVA complaints should be dismissed because they fail specifically to allege how the Department’s actions violated the cited HAVA provisions. In support of this argument, the response offers the pleading standards set forth in the United States Supreme Court case of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and the Michigan Court of Appeals case of Cape v. Howell Board of Education, 145 Mich. App. 459 (1985), to assess the viability of the complaints. (ECF No. 1-14 at PageID.68–69.) Defendant Benson filed her response to HAVA 2025-05 on November 4, 2025. (ECF No. 9-3 at PageID.294–95.) On October 17, 2025, Defendant McInerney notified Plaintiffs by email that the Bureau had scheduled a hearing for each of the complaints via Microsoft Teams for November 18, 2025, at 10:00 a.m. The email indicated that Beltinck and Lake would each be allowed 30 minutes of argument for their complaints, and Defendant Benson would be allowed 30 minutes of argument Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 7 of 20
8 to respond. (ECF No. 1-4 at PageID.36.) Because the HAVA Complaint process does not specify time limits for hearings, the Bureau adopted the Michigan Court of Appeals limit for argument of calendar cases of 30 minutes per side. (ECF No. 9-3 at PageID.292–93.) D. Plaintiffs’ Complaint As noted, Plaintiffs filed their complaint for declaratory and injunctive relief in this action on November 5, 2025. Plaintiffs allege one claim pursuant to Section 1983 for violation of their rights to procedural due process under the Fourteenth Amendment. Specifically, Plaintiffs allege that Defendants have deprived them of due process by: (1) improperly imposing judicially-created standards (Defendant’s response citing Twombley and Cape) that have no basis in HAVA or Michigan’s complaint process; (2) improperly consolidating their complaints; (3) affording them inadequate hearing time to present evidence and examine and cross-examine witnesses; (4) prohibiting Plaintiffs from supplementing the administrative record while allowing Defendant Benson to file extensive responses with exhibits and affidavits; (5) allowing Defendant Brater, an “implicated official,” to remove himself as a respondent and then oversee the allegations of HAVA improprieties, creating a conflict of interest; and (6) allowing Defendant McInerney to serve as both the administrative officer controlling the HAVA complaint process and respondents’ legal counsel, which undermines neutrality and creates an appearance of bias. (ECF No. 1 at pageID.20– 21.) II. Motion Standard Whether to issue a preliminary injunction is in the discretion of the district court. Planet Aid v. City of St. Johns, 782 F.3d 318, 323 (6th Cir. 2015). A court considers and balances four factors: (1) whether the movant has established a substantial likelihood or probability of success on the merits; (2) whether the movant would suffer irreparable injury without the preliminary Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 8 of 20
9 injunction; (3) whether the issuance of the preliminary injunction would cause substantial harm to others; and (4) whether the public interest would be served by issuance of the preliminary injunction. Kentucky v. Hagel, 759 F.3d 588, 600 (6th Cir. 2014). Each factor should “be balanced against one another and should not be considered prerequisites to the grant of a preliminary injunction.” Liberty Coins, LLC v. Goodman, 748 F.3d 682, 690 (6th Cir. 2014). However, the existence of irreparable harm “is indispensable,” and district courts abuse their discretion if they grant a preliminary injunction without finding irreparable harm. D.T. v. Sumner Cnty. Sch., 942 F.3d 324, 327 (6th Cir. 2019). Furthermore, “[w]hen one factor is dispositive, a district court need not consider the others.” Id. A “preliminary injunction is an extraordinary remedy involving the exercise of a very far- reaching power, which is to be applied only in the limited circumstances which clearly demand it.” Leary v. Daeschner, 228 F.3d 729, 739 (6th Cir. 2000) (cleaned up). An injunction at this stage should “only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (internal citation omitted). “[A] hearing is only required when there are disputed factual issues, and not when the issues are primarily questions of law.” Certified Restoration Dry Cleaning Network, LLC v. Tenke Corp., 511 F.3d 535, 552 (6th Cir. 2007). “[W]here material facts are not in dispute . . . district courts generally need not hold an evidentiary hearing.” Id. (quoting McDonald’s Corp. v. Robertson, 147 F.3d 1301, 1312-13 (11th Cir. 1998)). III. Discussion Plaintiffs seek an order staying the November 18, 2025 hearing and requiring: (1) a separate proceeding for each HAVA complaint; (2) adequate hearing time; (3) equal record development; (4) a neutral adjudicator; (5) restoration of Defendant Brator as a respondent in HAVA 2025-02 Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 9 of 20
10 and any other complaint where his policies or directives are challenged; and (6) perseveration of separate timelines for each complaint. As set forth below, Plaintiffs fail to demonstrate a substantial likelihood or probability of success on the merits. Plaintiffs offer several reasons why they aver they are likely to succeed on the merits. First, they argue that their HAVA Section 402 (52 U.S.C. § 21112) rights are enforceable through an action under Section 1983 based on the Supreme Court’s test articulated in Blessing v. Freestone, 520 U.S. 329 (1997). Second, they contend that Defendants violated HAVA’s mandatory procedural requirements in various ways. Finally, Plaintiffs contend that the administrative process provides them constitutionally insufficient process under Mathews v. Eldridge, 424 U.S. 319 (1976). (ECF No. 2 at PageID.216–20.) Defendants respond that Plaintiffs have no likelihood of success on the merits.2 First, they contend that Plaintiffs’ action fails because they have no private right of action under HAVA, and Section 1983 does not provide a vehicle for Plaintiffs to enforce the procedural requirements to which they claim entitlement in the HAVA administrative complaint process. Second, Defendants contend that, even if Plaintiffs may bring a Section 1983 action regarding procedural requirements for the administrative process, their due process claim fails because Plaintiffs have not identified a liberty or property interest that would support a due process claim. Finally, Defendants contend that, even if Plaintiffs could show that they may bring their HAVA-based claim under Section 1983 and that they have an identifiable liberty or property interest, they still cannot demonstrate that the administrative hearing for their HAVA complaints will fail to provide constitutionally sufficient procedures. 2 Defendants do not argue that Plaintiffs lack Article III standing. Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 10 of 20
11 A. Private Right of Action Most, if not all, federal courts that have considered the issue, including the Sixth Circuit, have held that there is no private right of action under HAVA. See, e.g., Bellitto v. Snipes, 935 F.3d 1192, 1202 (11th Cir. 2019) (observing that “HAVA creates no private cause of action” because “Congress established only two HAVA enforcement mechanisms: (1) a civil action brought by the Attorney General, and (2) a state-based administrative complaint procedure”); American Civil Rights Union v. Philadelphia City Comm’rs, 872 F.3d 175, 181 (3d Cir. 2017) (“HAVA does not include a private right of action that allows aggrieved parties to sue nonconforming states.”); Crowley v. Nevada ex rel. Nevada Sec’y of State, 678 F.3d 730, 735 (9th Cir. 2012) (implicitly recognizing no private right of action under HAVA); Morales-Garza v. Lorenzo-Giguere, 277 F. App’x 444, 446 (5th Cir. 2008) (noting that HAVA does not provide a private right of action); Sandusky Cnty. Democratic Party v. Blackwell, 387 F.3d 565, 572 (6th Cir. 2004) (“HAVA does not itself create a private right of action.”); Wisconsin Voter Alliance v. Millis, 720 F. Supp. 3d 703, 710 (E.D. Wis. 2024). Plaintiffs do not argue otherwise. Instead, they contend that HAVA provides rights they may enforce under Section 1983. 3 As Plaintiffs note, the Sixth Circuit in Sandusky County and the First Circuit in Colon- Marrero v. Velez, 813 F.3d 1 (1st Cir. 2016), recognized Section 1983 actions to enforce provisions of HAVA. 4 But Plaintiffs incorrectly characterize the issues and holdings in these cases. Neither 3 Although Defendants contend that Plaintiffs did not raise this issue in their complaint, they specifically alleged that violations of HAVA rights are enforceable under Section 1983. (ECF No. 1 at PageID.18–19 (citing Colon-Marrero and Sandusky County).) 4 Contrary to Plaintiffs’ assertion, the Ninth Circuit in Crowley did not hold that the plaintiff was entitled to enforce the HAVA provision at issue through Section 1983. Rather, the court specifically observed that “we need not and do not ultimately address whether HAVA § 301 could ever be enforced via a § 1983 cause of action brought to challenge the recount procedures in an election for federal office” because HAVA’s requirements did not apply to the election at issue. See Crowley, 678 F.3d at 735. Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 11 of 20
12 case addressed HAVA’s state administrative process. The issue in Sandusky County was whether the Ohio Secretary of State’s directive regarding provisional ballets conflicted with HAVA’s provisional ballot requirements in Section 302(a)(2).5 In determining whether HAVA provided the plaintiffs enforceable rights under Section 1983, the Sixth Circuit applied the test articulated in Blessing, which is whether the statute: (1) is intended to benefit a class of individuals of which the plaintiff is a member; (2) sets forth a standard, clarifying the nature of the right, that makes the right capable of enforcement by the judiciary; and (3) is mandatory, rather than precatory in nature. Sandusky Cnty., 387 F.3d at 572 (quoting Blessing v. Freestone, 520 U.S. 539, 340–41 (1997), abrogation recognized by Medina v. Planned Parenthood S. Atl., 145 S. Ct. 2219 (2025)). First, the court determined that the rights-creating language, “an individual shall be permitted to cast a provisional ballot,” was unambiguous. Id. (quoting 42 U.SC. § 15482(a)(2)) (italics in original).6 The court observed that this language mirrors Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, both of which create individual rights and are enforceable under Section 1983. Id. at 572–73 (citing Gonzaga Univ. v. Doe, 536 U.S. 273, 284 (2002)). The court further observed that HAVA requires states to post information about this right at polling places along with information regarding how to contact appropriate officials about violations. Id. at 573. Second, the court found that “[t]he right to cast a provisional ballot is neither vague nor amorphous, and is no less amenable to judicial interpretation and enforcement than any other federal civil right.” Id. Finally, the court found the provision’s language mandatory in nature. Id. 5 The issue in Colon-Marrero was whether the text of Section 303(a)(4)(A), 52 U.S.C. § 21083(a)(4)(A), pertaining to removal of individual registrants from a state’s active voter roles created an individually enforceable right. 813 F.3d at 17–18. 6 This provision has been re-codified as 52 U.S.C. § 21082. Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 12 of 20
13 Plaintiffs contend that Sandusky County’s reasoning controls here because HAVA Section 402(a)(2) contains rights-creating language that is also mandatory, including that “any person who believes that there is a violation of subchapter III . . . may file a complaint.” 52 U.S.C. § 21112(a)(2)(B). Plaintiffs further note that Section 402(a)(2) requires a state to provide the complainant “a hearing on the record” if the complainant so requests and to either “dismiss the complaint” if it determines that no violation occurred or “provide the appropriate remedy” if it finds that subchapter III was violated. (ECF No. 2 at PageID.217.) Plaintiffs’ argument might be persuasive if, for example, they alleged that they sought to file a complaint in proper form, but Defendants refused to accept it or that Defendants denied their request for a hearing. However, Plaintiffs’ own allegations show that neither of these things happened; the Bureau accepted Plaintiffs’ complaints and has granted them a hearing. Plaintiffs’ argument that Defendants violated multiple HAVA mandatory procedural requirements is not only unpersuasive but also is not the basis for Plaintiffs’ procedural due process claim. (ECF No. 1 at PageID.20–21.) First, Defendants did not violate Section 21112(a)(1)(A)’s requirement that “[t]he procedures shall be uniform and nondiscriminatory” by consolidating complaints from different complainants, as Section 21112(a)(1)(D) expressly allows states to “consolidate complaints filed under subparagraph (B).” Relatedly, Defendants did not violate HAVA’s “nondiscriminatory” requirement by refusing to allow Plaintiffs to supplement the record. Nothing in the statute requires supplementation, and Plaintiffs had the same opportunity as the respondent to support their complaints with exhibits and witness affidavits. Second, the 30- minute time limit does not run afoul of any provision in Section 21112(a)(1); a 30-minute recorded Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 13 of 20
14 hearing (one hour for both sides) is still a “hearing on the record.”7 In addition, Plaintiffs’ citation to the Administrative Procedures Act, 5 U.S.C. § 701 et seq., and Universal Camera Corp. v. NLRB, 340 U.S. 474 (1951), as exemplars for HAVA administrative hearings is unpersuasive, as neither source pertains to HAVA-created state administrative hearings. In fact, hearings under Michigan’s HAVA complaint process are conducted as “informal, non-contested case hearings[.]” (ECF No. 9-2 at PageID.283.) Finally, Defendants did not violate any records requirements, as nothing in Section 21112(a)(2)(D) “requires the state ‘to keep a record of each complaint’ filed,” as Plaintiffs allege (ECF No. 2 at PageID.219); rather subsection (a)(2)(D) pertains to consolidation of complaints. Nonetheless, as recounted above, the Bureau logged each complaint and assigned each of them a separate complaint identifier. At bottom, Plaintiffs’ claim is not about the express provisions of Section 21112(a)(2), but about what is not included therein. In adopting HAVA, Congress provided a general framework for state administrative complaint procedures with minimum requirements and left the finer details—number of witnesses, length of hearings, the proper respondent, etc.—to the states. In other words, those details were not mandated by statute but were left to the states’ discretion. Plaintiffs fail to cite any rights-creating language on these issues in Section 21112(a) or elsewhere in HAVA. Therefore, I conclude that Plaintiffs fail to show that they assert a right created by HAVA that is enforceable under Section 1983. B. Due Process Interest 7 Plaintiffs argue that the hearing notice refers only to “argument” rather than “testimony,” suggesting that the Bureau does not intend to permit witness examination at all. However, the notice specifically states that “the complainants may call as witnesses any individual described in Section III(C)(2)” of the Department’s HAVA Complaint Process. (ECF No. 1-4 at PageID.36.) Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 14 of 20
15 “The Fourteenth Amendment protects an individual from deprivation of life, liberty, or property, without due process of law.” Bazzetta v. McGinnis, 430 F.3d 795, 801 (6th Cir. 2005). To establish a Fourteenth Amendment procedural due process violation, a plaintiff must show that one of these interests is at stake. Wilkinson v. Austin, 545 U.S. 209, 221 (2005). Analysis of a procedural due process claim involves two steps: “[T]he first asks whether there exists a liberty or property interest which has been interfered with by the State; the second examines whether the procedures attendant upon that deprivation were constitutionally sufficient. . . .” Kentucky Dep’t of Corrs. v. Thompson, 490 U.S. 454, 460 (1989) (citations omitted). Plaintiffs do not identify a property or liberty interest underlying their due process claim and do not specifically address this issue in their motion. “‘A liberty interest may arise from the Constitution itself, by reason of guarantees implicit in the word “liberty,” or it may arise from an expectation or interest created by state [or federal] laws or policies.’” United States v. Selvestre- Gregorio, 983 F.3d 848, 852 (6th Cir. 2020) (quoting Wilkinson, 545 U.S. at 221) (citations omitted). While Plaintiffs allege in their complaint that a state’s creation of “an adjudicative proceeding that can result in the dismissal of claims or the denial of requested relief” triggers due process protections (ECF No. 1 at PageID.19), they cite no case specifically recognizing a liberty interest in the HAVA administrative complaint process or, more generally, in the mere establishment of an informal administrative process in other contexts. And as Defendants note, nothing in HAVA itself or Michigan’s HAVA complaint process mandates a particular outcome or creates a substantive expectation by the complainant. See Henderson v. City of Roanoke, No. 20-2386, 2022 WL 704351, at *3 (4th Cir. Mar. 9, 2022) (per curiam) (“State law or policy must provide a substantive expectation or interest to create a liberty interest -- the ‘expectation of receiving process is not, without more, a liberty interest protected by the Due Process Clause.’” Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 15 of 20
16 (quoting Olim v. Wakinekona, 461 U.S. 238, 250 n.12 (1983) (italics in original))). The process at issue merely allows for the complaint to be dismissed if no violation is found or, if a violation is found, for an “appropriate remedy” to issue, including, but not limited to, sending a written finding of a Title III violation to the election authority, requiring the authority to explain how it will remedy a violation, and requiring that the authority receive additional election training. Therefore, Plaintiffs are unlikely to succeed on their claim for this reason as well. C. Required Process Even if Plaintiffs could demonstrate a liberty interest in the HAVA complaint process, I conclude that they cannot show that the process they are afforded is constitutionally inadequate. The general test for determining what process is due and when is stated in Mathews v. Eldridge, 424 U.S. 319 (1976). Mathews identified three factors to be balanced: first, the private interest at stake; second, the risk of erroneous deprivation and the value, if any, of additional procedural safeguards; and third, the government’s countervailing interests. Id. at 335. Consideration of these factors demonstrates that Michigan’s HAVA complaint procedures satisfy due process requirements. First, Plaintiffs’ interests at issue in their complaints are not substantial, as they are not private or personal in nature. Rather, as Defendants note, Plaintiffs’ interests, and any injury they might suffer as a result of the alleged HAVA violations, are the same as those of all citizens who desire the proper application of the constitution or laws. See Wisconsin Voters All. v. Pence, 514 F. Supp. 3d 117, 120 (D.D.C. 2021) (finding that plaintiff voter groups from Wisconsin, Pennsylvania, Georgia, Michigan, and Arizona, whose votes were counted and electors certified pursuant to state-authorized procedure, lacked a “concrete and particularized injury,” as the claims they raised amounted to nothing more than “a ‘generalized grievance’ stemming from an attempt Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 16 of 20
17 to have the Government act in accordance with their view of the law”) (citing Hollingsworth v. Perry, 570 U.S. 693, 706 (2013)). In other words, their complaints, while authorized by HAVA, simply present a generalized grievance brought on behalf of the public at large. See Schlesinger v. Reservists Comm. to Stop the War, 418 U.S. 208, 216–17 (1974) (abstract injury shared by all citizens fails to establish standing to sue). Second, there is no risk of an erroneous deprivation here because Plaintiffs face no demonstrable personal loss or injury if their complaints are denied. As for the value of the additional safeguards Plaintiffs propose, it is minimal at best. To begin, the Bureau has not imposed federal motion practice or pleading standards on Plaintiffs as they claim. Rather, the respondent, Defendant Benson, included that argument in her response. This was proper, as nothing in the HAVA complaint process precludes such arguments. Second, Plaintiffs’ contention that the Bureau improperly consolidated their complaints is meritless. As noted above, HAVA specifically authorizes states to consolidate complaints. Michigan’s HAVA complaint process authorizes consolidation of complaints in two situations: (1) “if they contain substantially similar allegations against an election authority;” or (2) “two or more complaints [are] filed by the same person.” (ECF No. 9-2 at PageID.281.) Both circumstances are present here: Beltinck filed two or more complaints, and Lake’s complaint and Beltinck’s final complaint, HAVA 2025-05, contained “substantially similar allegations” regarding deletion of electronic pollbook data. (ECF No. 9-3 at PageID.291–92.) Third, Plaintiffs fail to show that the 30 minutes each that the Bureau intends to allow is insufficient for Plaintiffs to present the substance of their complaints. As noted, this is the same time limit allowed for Michigan Court of Appeals calendar cases. In addition, although Plaintiffs state that they intend to present expert testimony, the complaint process provides that the complainant must have first-hand knowledge of the violation, so Plaintiffs should be able to testify Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 17 of 20
18 about their knowledge of the alleged violations.8 Moreover, because Plaintiffs failed to provide affidavits with their complaints, they have no witnesses to call at the hearing. (ECF No. 9-2 at PageID.281–82.) Finally, Plaintiffs’ argument that they will have insufficient time to cross- examine the respondent’s witnesses is speculative because there is no indication whether the respondent intends to call witnesses at the hearing or simply rely on the witness affidavits attached to the response. Fourth, regarding supplementation, as noted, nothing in the complaint process allows either party to supplement the complaint or the response. The complaint process authorizes a complaint and a response. Plaintiffs’ contention that the process is “one-sided and unfair” (ECF No. 1 at PageID.21) misconstrues what occurred in the case. Defendant Benson filed one response to the first three complaints on October 10, 2025, and a separate response to Beltinck’s last complaint that Defendant Benson received the same day she filed the initial response. Defendant Benson did not seek to supplement her filing, as Plaintiffs did. Thus, rather than playing by the rules, Plaintiffs’ proposed procedural safeguard would unfairly give them another bite at the apple. Fifth, Defendant Brater’s letters provided Plaintiffs an adequate explanation as to why he is not the “election authority” for purposes of Michigan’s HAVA complaint process and, therefore, not a proper respondent. Plaintiffs fail to demonstrate any injury resulting from his dismissal from their complaints. Last, Plaintiffs fail to demonstrate that Defendant McInerney had a conflict arising from “a dual role as both legal counsel representing respondents (the Secretary of State) and 8 Nothing in the complaint process itself indicates that expert testimony is permitted in hearings. Moreover, allowing experts would complicate the complaint process as the Bureau would need to assess not only the expert’s qualifications, but also the relevance and reliability of the expert’s testimony. And the Bureau would need some standard, such as that set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), to perform this assessment. Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 18 of 20
19 administrative controller of the HAVA complaint process.” (ECF. No. 2 at PageID.223.) Nothing in Plaintiffs’ complaint Exhibit E indicates that Defendant McInerney is representing Defendant Benson as the respondent, or the State, regarding Plaintiffs’ complaints. Defendant McInerney signed her email, “Jenny McInerney, Regulatory Attorney, Bureau of Elections, Michigan Department of State.” (ECF No. 1-5 at PageID.38.) This does not indicate that she is representing Defendant Benson on the HAVA complaints. Furthermore, as discussed above, after receiving Plaintiffs’ complaints, the Department implemented an isolation wall designed to separate Defendants Brater and McInerney from the Secretary of State’s team. (ECF No. 9-3 at PageID.291.) Consideration of the final factor—the government’s countervailing interests—also supports that the procedures Plaintiffs are afforded under Michigan’s HAVA complaint process are constitutionally sufficient. Defendant Brater notes that allowing Plaintiffs’ proposed changes—requiring each case to proceed with a separate hearing and holding hearings of indeterminate length—would not only burden the Bureau with additional costs but would also divert staff from performing other required and ongoing election-related work. (ECF No. 9-3 at PageID.295–96.) In light of these potential burdens and costs, the current procedures, including consolidation of complaints, limited hearing time, and requiring the parties to include all support for their complaints and responses in those filings, adequately protects Plaintiffs’ interests without unduly burdening the Department of State or the Bureau. Finally, while Plaintiffs propose a “neutral adjudicator” not “supervised by any respondent” (ECF No. 2 at PageID.227), they fail to identify who might perform this function. As Defendants note, Plaintiffs’ request would essentially disqualify the entire Department of State and exclude most, if not all, officials with expertise in elections systems and understanding of HAVA requirements. Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 19 of 20
20 Having concluded that Plaintiffs have failed to demonstrate likelihood of success on the merits of their claim, I find it unnecessary to address the remaining preliminary injunction factors. See Gonzales v. National Bd. of Med. Examiners, 225 F.3d 620, 625 (6th Cir. 2000) (“[A] finding that there is simply no likelihood of success on the merits is usually fatal.”). III. Conclusion For the foregoing reasons, I recommend that the Court deny Plaintiffs’ motion for a preliminary injunction. (ECF No. 2.) Dated: November 17, 2025 /s/ Sally J. Berens SALLY J. BERENS U.S. Magistrate Judge NOTICE OBJECTIONS to this Report and Recommendation must be filed with the Clerk of Court within 14 days of the date of service of this notice. 28 U.S.C. § 636(b)(1)(C). Failure to file objections within the specified time waives the right to appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). Case 1:25-cv-01374-JMB-SJB ECF No. 16, PageID.<pageID> Filed 11/17/25 Page 20 of 20
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