Illegal Maneuver
As noted in Trump’s Maneuver to Intimidate Michigan Lawmakers Fails, the request by Cox and McDaniel is against the law.
Michigan Certification Monday
The Michigan State Board Meets Monday to Certify Election Results.
The role of the board is very narrow and limited. It is to canvass and certify election results. Michigan election law experts told reporters on a press call Friday that the language of the law, which states that the board “shall canvass the returns,” is key to understanding the requirements of the board.
“The Michigan Supreme Court has been very clear that ‘shall’ means ‘shall.’ It’s mandatory. It’s ministerial. They have no choice,” said Mark Brewer, the longest serving chair of the Michigan Democratic Party and an attorney at the lawfirm Goodman Acker.
The board cannot ask for an audit prior to certification, according to Michigan law.
If the board becomes locked in a 2-2 partisan deadlock, like what initially happened with the Wayne County Board of Canvassers on Tuesday, two parallel processes can occur.
Liedel said the court has proceeded with contempt proceedings in the past for members of the board failing to certify and that board members refusing to certify could be charged with a misdemeanor or willful neglect of duty. If the issue is not resolved by the Court of Appeals it would go to the Michigan Supreme Court, but Michigan election lawyers agreed Friday that it going to that level is unlikely.
At the same time, Gov. Gretchen Whitmer, a Democrat, has the power to remove and replace any board member, according to Michigan law, and can act without waiting for a court or anyone else.
Can the legislature get involved and appoint their own electors?
The short answer, according to Michigan election experts, is no.
Even if the State Board of Canvassers refuses to certify results and the issue goes to the courts and Whitmer potentially steps in, Michigan election lawyers explained that the legislature cannot try to appoint their own electors.
“You can look through the entire Michigan election code that was written by the legislature and signed by governors of both parties. There is no role for the legislature in this process,” Brewer said.
MICHIGAN ELECTION LAW Act 116 of 1954
- The board of state canvassers shall canvass the returns and determine the result of all elections for electors of president and vice president of the United States, state officers, United States senators, representatives in congress, circuit judges, state senators and representatives elected by a district that is located in more than 1 county, and other officers as required by law. The board of state canvassers shall also determine the result of an election on a proposed amendment to the constitution or on any other ballot question that has been submitted, pursuant to law, to the qualified and registered electors of this state at large for ratification or rejection. The board of state canvassers shall canvass the returns and determine the result of an election on a ballot question submitted to the qualified and registered electors of more than 1 county under the regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. Upon making the determination, the board of state canvassers shall immediately prepare a certificate of determination and deliver the properly certified certificate of determination to the secretary of state.
- Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, at its next meeting, shall record the results of the county canvass contained in the certificate.
The above from MICHIGAN ELECTION LAW (EXCERPT)
Act 116 of 1954
MICHIGAN ELECTION LAW Act 116 of 1954
- In order to ensure compliance with the provisions of this act, after each election the secretary of state may audit election precincts.
- The secretary of state shall prescribe the procedures for election audits that include reviewing the documents, ballots, and procedures used during an election as required in section 4 of article II of the state constitution of 1963. The secretary of state and county clerks shall conduct election audits, including statewide election audits, as set forth in the prescribed procedures. The secretary of state shall train and certify county clerks and their staffs for the purpose of conducting election audits of precincts randomly selected by the secretary of state in their counties. An election audit must include an audit of the results of at least 1 race in each precinct selected for an audit. A statewide election audit must include an audit of the results of at least 1 statewide race or statewide ballot question in a precinct selected for an audit. An audit conducted under this section is not a recount and does not change any certified election results. The secretary of state shall supervise each county clerk in the performance of election audits conducted under this section.
- Each county clerk who conducts an election audit under this section shall provide the results of the election audit to the secretary of state within 20 days after the election audit.
The above from MICHIGAN ELECTION LAW (EXCERPT)
Act 116 of 1954
‘No Legal or Factual Basis’ to Question Election Results
What does the secretary of state say?
The Michigan secretary of state says ‘No Legal or Factual Basis’ to Question Election Results.
Blatantly Illegal Plea
Cox and McDaniel “encourage the board to adjourn for 14 days to allow for a full, transparent audit of Wayne County’s 2020 General Election results.“
That is a request for the certification board to do something that is blatantly illegal.
The bizarre and illegal plea by Cox and McDaniel also refers to events in Georgia which have no bearing in Michigan.
Incitement
Cox and McDaniel “encourage the board to adjourn for 14 days”
That is encouraging the board to do something illegal.
At best, it is incitement.
In criminal law, incitement is the encouragement of another person to commit a crime.
Appalling and Disgusting
Trump and his minions will do anything, even encourage clearly illegal acts, to steal the election.
Money vs Principles
Mish
