Michigan AG To Appeal Court's Ruling On Open Carry At Polls

MICHIGAN — Michigan Attorney General Dana Nessel's office said Tuesday it plans to appeal a ruling by the Michigan Court of Claims to allow people to open carry at polling locations on Election Day.

"We intend to immediately appeal the judge’s decision as this issue is of significant public interest and importance to our election process," Ryan Jarvi, a spokesperson for Nessel's office, said.

Jocelyn Benson, Michigan's secretary of state, on Oct. 16 issued a directive to local election clerks to ban the open carry of firearms at all polling places on Election Day.

The directive told clerks that the presence of guns at polling places, clerks offices or absent voter counting boards could cause disruption, fear or intimidation for voters or election workers.

"Fair, free and secure elections are the foundation of our democracy," Benson said at the time her directive was issued. "I am committed to ensuring all eligible Michigan citizens can freely exercise their fundamental right to vote without fear of threats, intimidation or harassment. Prohibiting the open-carry of firearms in areas where citizens cast their ballots is necessary to ensure every voter is protected."

The rule prohibits firearms within 100 feet of any polling place entrance. However, the action was met with a lawsuit by several gun rights groups in Michigan.

On Tuesday, Chief Judge Christopher Murray granted a preliminary injunction invalidating the ban ahead of Tuesday's election.