“Unfortunately, some local election jurisdictions, including Wayne County, did not conduct the general election as required by Michigan law,” lawyers for the campaign said in a court filing. “And Secretary of State (Jocelyn) Benson did not require local election jurisdictions to allow challengers to meaningfully observe the conduct of the election and the tabulation and tallying of ballots.”
Similar claims have been rejected by Michigan judges at both the state and federal levels and the specific claims in this case were rejected by Michigan Court of Claims Judge Cynthia Stephens on Nov. 5 and by the Michigan Court of Appeals, in a 2-1 decision, on Friday.
The Court of Appeals chastised the campaign for dragging its feet on the appeal, said the certification of Michigan’s election results by the Board of State Canvassers in the interim had made the lawsuit moot, and said that if the Trump campaign wanted to challenge the results it could have requested a recount, but did not.
“Plaintiff failed to follow clear law in Michigan relative to such matters,” the court said.
The campaign wanted an order directing Benson to require “meaningful access” for campaign poll watchers to the counting of state ballots, plus access to videotaped surveillance of ballot drop boxes installed around the state after Oct. 1. It had asked for a pause in ballot counting while the case was heard.
In the filing Monday, Trump campaign attorney Thor Hearne said the requested relief is not moot, regardless of the outcome of the Nov. 3 vote.
“This Court is asked to restore public confidence in Michigan elections by issuing a decision holding that Michigan’s secretary of state must assure the local election officials she oversees and supervises comply with Michigan’s election laws and provide challengers a meaningful opportunity to perform the important role Michigan law designates for challengers,” Hearne said in the filing.
Justices of the Michigan Supreme Court are elected on the nonpartisan ballot, but they are nominated at state party conventions. Currently, the court has four Republican nominees and three Democratic nominees. That will flip in January to a 4-3 edge for Democratic nominees, as a result of the Nov. 3 election.
