[Ariane De Vogue, Cnn Supreme Court Reporter:] And that is differently that's different when it comes to the Supreme Court because the Supreme Court has more of a supervisory role over federal courts. And already they've sent a message in other cases, look, federal courts, you shouldn't get involved with this state business too close to an election. But Wisconsin could come out differently than Pennsylvania, like I said, because the court could say, federal courts, you can't get involved too quickly. But it could say, state courts, that's a higher burden for us and we're going to get the state court get involved with the voting accommodations. So two different things. One has to do with the federal courts and one has to do with the state court. And, Jim, that could be essential now as we get more challenges, but it could really be essential if there are post-election challenges. And that's what we have to watch for.
[Jim Sciutto, Cnn Anchor:] Yes, it's a reminder that our elections are very much state by state, right?
[De Vogue:] Absolutely.
[Sciutto:] Lots of different rules in lots of different places. Ariane de Vogue, thanks very much.
[De Vogue:] Thank you.
[Poppy Harlow, Cnn Anchor:] Well, several more states begin early voting today. Wisconsin, of course, a critical state again in this upcoming election. They begin in-person absentee voting, as well as Hawaii and Utah. So far, more than 28 million voters have cast their ballots already. Nearly 1.5 million of them but I think you're going to get an update that the number's actually much higher in the crucial state of Michigan. That is a state that was decided by only 10,704 votes in 2016. So joining us now is Michigan's Democratic secretary of state, Jocelyn Benson. Madam Secretary, it's nice to have you. So I feel like my 1.5 million number's a little low.
[Jocelyn Benson , Michigan Secretary Of State:] Well, yes, I mean we're announcing today that over 3 million citizens have requested to vote early in Michigan. This is extraordinary if you consider the fact that in November 2016, 4.7 million voters participated total in that entire election. So we're on track to see record turnout in Michigan, just like so many states around the country. And that's a great thing for democracy.
[Harlow:] OK. So you've made a lot of headlines and a lot of news by your move on Friday to ban open carry of guns at polling stations on Election Day. State Representatives Beau LaFave, who's a Republican from Iron Mountain there, called this a cheap political game. And he went on to say, quote, "the idea that she must prevent people from exercising their Second Amendment rights for our elections to be safe and secure is absolutely false. Secretary Benson is fearmongering to suppress voters and it's appalling." I'd like to give you a chance to respond to that.
[Benson:] Yes, I mean certainly the fearmongering is coming from those who would seek to or threaten or spread rumors about people showing up armed at the polls. My job as the state's chief election officer is simply to ensure that every voter is protected. And that's exactly what we're doing here, we're issuing a very narrowly tailored regulation to ensure that the open carry of firearms at polling places, which can be intimidating or potential threatening or harassing for voters, is simply not appropriate or not allowed.
[Harlow:] But, Madam Secretary, Robert Stevenson, who you know is the director of Michigan's Association of Police Chiefs, he representing 385 police chiefs across the state, he is really worried and he's warning that his officers, he says, won't be able to enforce the law because he says it's not based on law. He says the feedback I've been getting from our police agencies is they are uncomfortable trying to enforce something they clearly don't have the authority to enforce.
[Benson:] Well
[Harlow:] I understand that you have supervisory control of elections, but where in the law does it state explicitly you have this right?
[Benson:] Two areas. One, of course, the U.S. Constitution is it creates voting as a fundamental right. But under federal and state law
[Harlow:] There's also the Second Amendment, though, in the U.S. Constitution.
[Benson:] And and yes, and under federal and state law it is illegal to intimidate or harass voters at the polls. The imagery or the bringing of an open carry an open carry a carrying a firearm into a polling place or in a voting area is something that very clearly can be intimidating to voters. And I've
[Harlow:] But that that's your view. I'm just saying they're pushing back and saying that that's not explicitly laid out in law. And we spent a lot of time this morning looking through statutes and laws to try to find it. I'm just wondering, is there a specific law you can point to?
[Benson:] Yes. Again, the federal law well, first, there's a state constitutional right that was amended in our state constitution in 2018 to create a right to vote that is preeminent among all other rights, in my view. And then also there is that federal law and state law banning intimidation at the polls. And we see the carrying open carry of firearms as intimidation at the polls.
[Harlow:] So, Secretary, there you know, for people who don't know your career, you're a lawyer trained at Harvard Law. But then, at the beginning of your career, you spent working on tracking white supremacists and neo-Nazi groups.
[Benson:] I did.
[Harlow:] And just given the state that we're in right now across the country and the fact that according to these draft documents by the Department of Homeland Security, white supremacists will remain the, quote, most persistent and lethal threat in the United States through 2021. I wonder how that affects how you do your job, especially right now?
[Benson:] Well, certainly we're in a very unique moment. And I've seen firsthand, as I was starting my career, as you mentioned, investigating undercover white supremacist organizations, that, you know, violent words and hateful rhetoric from leaders can lead to hateful actions from followers. And that's simply academic research. And we're also, obviously, at a very critical time with heightened tensions in our state. And, again, it's my job to ensure that every voter, regardless of who they vote for, feels protected and safe at the polls.
[Harlow:] On Friday, the Michigan Court of Appeals ruled that votes need to be received in the state of Michigan by 8:00 on election night. And in that decision, the judges wrote one of the reasons is there are ample opportunities to vote early in your state and they specifically cited the nearly 1,000 ballot drop boxes that you have made sure are installed across the state. Do you agree with their assertion that given all those ballot drop boxes there is ample opportunity for everyone to get their vote in by 8:00 p.m. on election night, because this was seen as a blow to Democrats?
[Benson:] Well, I have seen, based on the data, that citizens are listening to the voter education that we, my office and various clerks have done to encourage people to vote early and get their ballots in early. Now, there are a lot of uncertainties and variables with the Postal Service. That's why Michigan, as well as many other states, was part of a lawsuit suing the Postal Service a few weeks ago for the changes they made to slow down the mail service. That said, recognizing that my office used the CARES Act funding from the federal government to install close to 1,000 over 1,000 drop boxes all around the state for that very reason. We recognize that the courts will litigate the issue of the of when a ballot is sent prior to Election Day and received after. I see that still as a valid vote. But we also know that the most important thing is for voters to have all their votes in by 8:00 p.m. on Election Day. And so that's what we're trying to help make happen.
[Harlow:] Secretary Jocelyn Benson, we know you've got a lot on your plate. Thanks for your time.
[Benson:] Always a pleasure. Thank you.
[Harlow:] We appreciate it very much. Well, if you want to find your polling station wherever you live, voter registration status or get information about absentee or early voting, it's all right here, cnn.comvote. So we're now just a few hours away from House Speaker Nancy Pelosi's deadline to reach a stimulus deal if a package is to be passed before Election Day. Where do those negotiations stand, next.