Background
Mark Michael Koroi sought election as a judge of Michigan’s 31st District Court, which covers Hamtramck. On April 21, 2026, he filed nominating petitions and an affidavit of identity listing a Hamtramck address and certifying that he met the statutory and constitutional qualifications for office. But a nominating petition he circulated one day earlier stated that he lived in Warren. The Bureau of Elections therefore determined that he had not resided in Hamtramck for the 30 days required to be a qualified elector and declined to certify his candidacy.
After the Board of State Canvassers deadlocked on a conditional determination concerning the sufficiency of his petitions, Koroi sued the Board and the Secretary of State. He sought mandamus and declaratory relief, arguing that Michigan Constitution article 2, § 4(1), adopted through Proposal 18-3, superseded the statutory 30-day local-residency requirement. The Court of Claims granted summary disposition to defendants and dismissed the case with prejudice.
The Court’s Holding
The Court of Appeals affirmed. It held that article 2, § 4(1)(f), which permits voter registration through election day, does not supersede or invalidate the 30-day local-residency requirement in MCL 168.10(1). The constitutional provision grants registration rights to citizens who are already electors qualified to vote, while article 2, § 1 permits local-residence requirements established by law. Voter-registration applicants also must attest that they will have lived in the relevant city or township for at least 30 days before the election.
Because Koroi had not lived in Hamtramck for 30 days by the April 21 filing deadline, he was not a qualified elector of the judicial district under MCL 168.467. He consequently had no clear legal right to certification, and the Secretary of State had no clear duty to certify him. The court also upheld the refusal to permit a late equal-protection amendment, citing Koroi’s delay and the prejudice of requiring defendants to address a new constitutional claim within four days during expedited proceedings. His disqualification rendered his challenge to the Board’s petition review moot.
Key Takeaways
- Michigan’s constitutional right to register to vote through election day does not eliminate the statutory 30-day local-residency requirement for qualified electors.
- A district-court candidate must be a registered and qualified elector of the relevant judicial district by the statutory filing deadline.
- A late request to add a constitutional claim may be denied for undue delay and prejudice, particularly in expedited election litigation.
Why It Matters
The decision confirms that same-day voter registration and candidate-eligibility requirements address distinct issues. Judicial candidates must independently satisfy the statutory definition of a qualified elector, including the 30-day local-residency rule, when their filings are due.
It also underscores the need to plead all anticipated constitutional challenges at the outset of time-sensitive election cases. A party who requests expedited adjudication may not receive additional time to introduce a new theory after dispositive-motion briefing has begun.