CommentaryThe State of Michigan has an opportunity to go above and beyond the minimum for all its voters. Given the stakes of the upcoming 2026 midterm elections and the challenges it will likely present, Michigan must expand early in-person voting beyond the mandatory nine days, up to the full 29 days authorized by law.
Nationwide, the 2026 midterms have been touted as the most important election of everyone’s lifetime. Americans have deep concerns over a variety of issues, including the economy, affordability and tariffs, as well as democratic participation and integrity. These midterms are more than just a public referendum on the first two years of the President’s second term. Control of the House and Senate also hangs in the balance. Whichever political party controls the House and Senate has the duty to have major influence over the next two years of the President’s agenda. This is real. And this is perhaps why the President of the United States has promised every American voter $5,000 if Republicans win the midterms. This is presumably on top of the estimated $5,000 payouts that were already promised for the DOGE Dividend and the estimated $2,000 “tariff rebate” that was also promised, but not delivered, to the American people.
Given the stakes, the spending on this election cycle is likely to break previous records, if it has not already. The amount of lobby spending on midterm issues has increased by 24% as compared to the 2024 election. The amount of “secret” spending has likely also surged because of these stakes. In Michigan, a US Senate primary featured record spending, and winning candidate Abdul El-Sayed reported having been outspent 11:1.
More importantly, citizen participation is likely to surge in these upcoming midterms. Primaries provide some insight. In one sample, with 22 states reporting on primary participation, 18 states experienced increases in voter participation for 2026 primary elections as compared to historic averages. Democratic voters showed up in record-setting numbers for primaries in multiple states. Youth turnout hit a historic high in 2020 and, in 2024, ran well above the national youth rate in battleground states including Michigan, and young voters appear likely to vote again in greater numbers. The swing state status of Michigan has previously motivated people to get out to the polls, and likely will do so this midterm.
With so much at stake and so many participants, what needs to happen for each state to make voting as reliable and accessible as possible? How can a state like Michigan give each Michigander the opportunity to participate in the democratic process?
Once upon a time, absentee voting was the answer. In the current midterms, however, efforts have been made to change the United States Postal Service’s (USPS) responsibilities as related to absentee votes. On September 14, the Supreme Court declined to lift a lower-court injunction barring the USPS from enforcing key parts of its new mail-ballot rule through the November 3 election. The USPS had already said it would not apply the rule to 2026 elections without court relief. However, it remains to be seen whether the USPS will follow the various court rulings and whether new rulings or executive orders will emerge.
As contradictory as it sounds, in-person absentee voting is currently an option for some Michigan voters. Michigan voters have a variety of ways to obtain and submit an absentee ballot. A process that strongly resembles a do-it-yourself style of in-person early voting, Michigan voters can obtain an absentee ballot in person from their local clerk’s office (Voters can search for their polling locations and city/township clerk for more information). They can validly complete and submit it there:
Voters can visit their local clerk’s office in person to request, complete, and submit their absentee ballot application on site. Voters requesting an application from their local clerk may also take it home with them to complete and submit later.
Michigan voters, thus, can still obtain and complete an absentee ballot and validly submit it, without the involvement of the USPS and without waiting for early in-person voting to open. While this style of voting seems similar, it does carry the distinction that the absentee ballot is not tabulated in front of the voter. The absentee ballot goes before an absent voter counting board to be counted later. A ballot from an early in-person voter is tabulated immediately and in front of the voter.
With the uncertainty of postal voting and the promise of long lines on Election Day if voter participation is high, there remains one clear way to ensure that all eligible voters can comfortably cast their votes in this midterm election: early in-person voting. According to the National Conference of State Legislatures, 47 states have adopted some form of early in-person voting available to their citizens. To ensure that every citizen has an opportunity to participate in this midterm election, each state needs to make full use of its early in-person voting process.
Some states, unfortunately, are using only the minimum for such a critical election. At present, Michigan is only offering voters the minimum mandatory nine-day period for early in-person voting. In Michigan, this midterm’s early voting begins October 24, the second Saturday before Election Day, and ends November 1, the Sunday before the election. The law says that municipalities could do more, offering early voting beginning the 29th day before the election (starting October 5). Most municipalities are following only the legal minimum. Local officials could expand that, but the state government itself is only supporting the minimum mandatory amount offered by law. For such an important election, that seems like a disservice to every Michigander.
In Michigan, every voter has a right to cast a ballot early and in person, at an early voting site. Michiganders like early in-person voting, so much so that they overwhelmingly approved of a constitutional amendment giving voters the right to vote early and in person before statewide and federal elections.
Michiganders use early in-person voting. In November 2024, 1.2 million Michiganders voted early in person, out of the total 5.7 million who participated in the election. The option for early in-person voting attracted more people, with increased usage among young voters, women, and voters 51 and older. Voters reported that early voting made voting possible. It made the wait times easier, because the lines were shorter. It allowed people to juggle work, family, and civic responsibility. In Michigan in particular, early in-person voting guaranteed voters the possibility of a warmer weather voting option. One voter stated, “I wanted to get it done early, to get my vote in for my candidate … I don’t need to be stuck in the November rush, when it might be snowing.”
Furthermore, Michigan celebrated the 3.4 million Michigan voters who had voted early, both in person and via absentee ballot, as they helped lighten the load on Election Day. Michigan recognized that early voting, absentee voting, early counting and processing all made the election more accessible to Michiganders. State officials responded to potential bottlenecks by hiring or moving staff as needed.
Some may argue that it is too late or the deadlines have passed for the state to make changes. In response, one could rightly point out that the requirements and availability of voting change daily, to the detriment of voters. Increasing the opportunities to vote early and in person is a step that would benefit the voter and ensure that their voices are heard.
Some may argue that it would be too expensive to allow more voting. In 2024, however, since the law did not specify the time of day that voting had to be available, “many clerks just ran early voting alongside their standard business hours.” Furthermore, local clerks also ran early in-person voting with a “slimmed down workforce.” Some clerks, however, were overworked and compared it to having nine elections at once. Given the stakes and the importance, the state could offer further funding from the election regulation fund as grants to hire more employees.
Each party is performing as if every vote counts. Early in-person voting is important for the election’s validity and integrity. It prevents any side from saying that they were prevented from voting. Since every vote counts, every effort should be made to ensure that every voter has the fullest opportunity to vote as the law can provide. In Michigan, that means the polls opening on October 5, 29 days before the election.
Katherine Simpson is an arbitrator and a Fellow of the Chartered Institute of Arbitrators. She is a Professor of Practice at the university of Arizona, James E. Rogers College of Law.
