Michigan Compiled Laws

Mich. Comp. Laws § 691.1031 (2026)

Actions involving elections; filing, laches.

✓ current as of July 2026

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ACTIONS INVOLVING ELECTIONS

Act 161 of 1969

691.1031 Actions involving elections; filing, laches.

Sec. 1.

In a civil action brought in any court of this state affecting elections, dates of elections, candidates, qualifications of candidates, ballots or questions on ballots, or polling places, drop box locations, or early voting locations that are established by the applicable deadline, there is a rebuttable presumption of laches if the action is commenced less than 45 days before the date of the election affected. This section does not apply to an action brought after the date of the affected election.

History: 1969, Act 161, Eff. Mar. 20, 1970 ;-- Am. 2024, Act 222, Eff. Apr. 2, 2025

Notes of Decisions

Cited in 4 cases (3 in the last 5 years), 2020–2025 · leading case: Cheri J Eggett v. Montmorency Cnty. Clerk (Mich. Ct. App. 2025).

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Cheri J Eggett v. Montmorency Cnty. Clerk (Mich. Ct. App. 2025). · cites it 7× “At the time plaintiff brought this action, absentee voting was already underway and early voting was to begin on October 26, 2024. Because plaintiff brought her action less than 28 days before the general election, the circuit court denied her complaint for a writ of mandamus on…”

Rosa Holliday v. Sec'y of State (Mich. Ct. App. 2024). · cites it 3× “Moreover, in election cases, MCL 691.1031 creates a rebuttable presumption of laches: In all civil actions brought in any circuit court of this state affecting elections, dates of elections, candidates, qualifications of candidates, ballots or questions on ballots, there shall…”

T P Nykoriak v. Benny Napoleon (Mich. Ct. App. 2020). “1031 creates a rebuttal presumption of laches: In all civil actions brought in any circuit court of this state affecting elections, dates of elections, candidates, qualifications of candidates, ballots or questions on ballots, there shall be a rebuttable presumption of laches if…”

Michigan Repub. Party v. Sec'y of State (Mich. Ct. App. 2025). “[MCL 691.1031.] By filing their complaint on October 8, 2024, at 4:09 p.”

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