POST-ELECTION DEVELOPMENTS IN MICHIGAN

On Nov. 4 the count of absentee votes in Detroit was proceeding at TCF Center1 when Trump supporters gathered outside chanting "stop the count."  Meanwhile workers inside blocked some windows.  Those scenes provided a dramatic visual starting point to the Trump campaign's post-election maneuvering in Michigan.  Other noteworthy incidents in the succeeding weeks included charges that Dominion machines in Antrim County did not count votes for Trump accurately (traced to human error), the Wayne County Board of Canvassers' initial deadlock over certifying the vote, a trip by Michigan House Speaker Lee Chatfield and Senate Majority Leader Mike Shirkey to Washington to meet with President Trump, show-trial style legislative hearings, and "stop the steal" rallies by Trump supporters.  All the time there was the inescapable fact that Biden's margin in Michigan was insurmountable, approaching 150,000 votes.

By the time of the meeting of the electors on Dec. 14, Senate Majority Leader Mike Shirkey (R) observed that "numerous claims of fraud have been independently investigated, and in each instance, the claim is either found to be incorrect or incapable of being proven."  He stated, "While the volume of information demonstrates a need to address certain vulnerabilities, we have not received evidence of fraud on a scale that would change the outcome of the election in Michigan.”2 

The Michigan Department of State produced a very useful set of fact checks and summarized thusly:

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video from TCF Center

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Donald J. Trump for President, Inc.
November 4, 2020

Trump campaign statement on Michigan lawsuit

“As votes in Michigan continue to be counted, the presidential race in the state remains extremely tight as we always knew it would be. President Trump’s campaign has not been provided with meaningful access to numerous counting locations to observe the opening of ballots and the counting process, as guaranteed by Michigan law. We have filed suit today in the Michigan Court of Claims to halt counting until meaningful access has been granted. We also demand to review those ballots which were opened and counted while we did not have meaningful access. President Trump is committed to ensuring that all legal votes are counted in Michigan and everywhere else.”

- Bill Stepien, Trump 2020 campaign manager

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Michigan Republican Party
November 5, 2020

Detroit Under Fire For Shutting Out Republicans

LANSING, Mich., November 5, 2020 – As Detroit continues to struggle with their election operations, concerns are being raised about the integrity of their system as it relates to Michigan election law.

According to Michigan election law, it is required that all major political parties have fair representation in election workers. Despite many Republicans applying for these positions in Detroit, Democrats were chosen to fill hundreds of the election worker spots, while Republicans were only able to have representation from a handful of individuals. According to Wayne County Canvassing Board Chair Monica Palmer, “Republican applicants were either rejected or flat out never received a call from the City of Detroit.” Palmer continued, “While there was ample opportunity for Detroit to faithfully follow through on what Michigan election law requires of them, the evidence at TCF raises questions about the hiring process for Detroit Election Inspectors, specific to the absentee counting board."

“It is an outrage what is happening in the City of Detroit right now, and Detroit Clerk Janice Winfrey and Secretary of State Jocelyn Benson are to blame for this mess.” said Michigan Republican Party Chairman Laura Cox. Cox continued, “Republicans have been shut out of the process in Detroit because of Benson and Winfrey’s partisanship, in a flagrant violation of Michigan’s election laws. I call for a full investigation of the election operation in Detroit, which has been compromised to its core.”

This is not the first time Detroit’s election operation has been called into question. During the August 2020 primary election, 72% of Detroit absentee voting precincts did not balance, meaning the machine counted a different number of votes than were indicated by city records.

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Nov. 5, 2020 Zoom hearing on Trump v. Benson - C-SPAN

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Michigan Attorney General Dana Nessel
November 5, 2020
Contact: Ryan Jarvi

Michigan Court Rules Trump's Election Lawsuit Unlikely to Succeed on Merits

LANSING – The Michigan Court of Claims ruled today that a lawsuit filed by the Trump campaign against Michigan Secretary of State Jocelyn Benson was unlikely to succeed on the merits and denied a request by plaintiffs for immediate relief to stop the counting of ballots.

Michigan Attorney General Dana Nessel’s Press Secretary Ryan Jarvi released the following statement:

“We are pleased with Court of Claims Judge Cynthia Stephens' swift action in today’s hearing on Trump v Benson to deny the relief requested by plaintiffs. She identified the same defects in the campaign's filings as we did, namely a complete lack of any evidence of wrongdoing on the part of election officials, and meritless legal arguments. Michigan’s elections have been fair, transparent and reflect the will of the voters, and we will continue to defend against any challenges that claim otherwise.”

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Nov. 6, 2020 Press Conference by Michigan GOP Chair Laura Cox and RNC Chair Ronna McDaniel - KVUE

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Secretary of State Jocelyn Benson
November 6, 2020

False claims from Ronna McDaniel have no merit

In response to the false claims made by Republican National Committee chairwoman Ronna McDaniel, the Michigan Department of State issues the following statements of fact:

• Michigan’s elections were conducted fairly, effectively and transparently and are an accurate reflection of the will of Michigan voters.

• The erroneous reporting of unofficial results from Antrim county was a result of accidental error on the part of the Antrim County Clerk. The equipment and software did not malfunction and all ballots were properly tabulated. However, the clerk accidentally did not update the software used to collect voting machine data and report unofficial results.

• Like many counties in Michigan, Antrim County uses the Dominion Voting Systems election management system and voting machines (ballot tabulators.) The county receives programming support from Election Source. Tabulators are programmed to scan hand marked, paper ballots. When machines are finished scanning the ballots, the paper ballots are retained and a totals tape showing the number of votes for each candidate in each race is printed from the machine.

• In order to report unofficial results, county clerks use election management system software to combine the electronic totals from tabulators and submit a report of unofficial results. Because the clerk did not update software, even though the tabulators counted all the ballots correctly, those accurate results were not combined properly when the clerk reported unofficial results.

• The correct results always were and continue to be reflected on the tabulator totals tape and on the ballots themselves. Even if the error in the reported unofficial results had not been quickly noticed, it would have been identified during the county canvass. Boards of County Canvassers, which are composed of 2 Democrats and 2 Republicans, review the printed totals tape from each tabulator during the canvass to verify the reported vote totals are correct.

• The software did not cause a misallocation of votes; it was a result of user human error. Even when human error occurs, it is caught during county canvasses.

• It is also completely false that the county had to or will have to hand count all their ballots. The ballots were properly counted by the tabulators. The county had to review the printed tabulator results from each precinct, not each individual ballot.

• As with other unofficial results reporting errors, this was an honest mistake and did not affect any actual vote totals. Election clerks work extremely hard and do their work with integrity. They are human beings, and sometimes make mistakes. However, there are many checks and balances that ensure mistakes can be caught and corrected.

• As Detroit officials have stated, hundreds of challengers from both parties were inside their absent voter counting board all afternoon and evening. And even after some left, there were always challengers from both parties in the room. Dozens of reporters were in the room as well. Further, some windows were covered to stop those outside from filming the people and private information in the counting board, while other windows were left uncovered to ensure additional transparency.

• As was stated by Chris Thomas, who as a contractor for the Detroit City Clerk’s Office served as an advisor on the execution of this election and led challenger relations, and who is the former Michigan Director of Elections, who served under both republican and democrat Secretaries of State during his 40-year-tenure with the Bureau of Elections, no ballots were backdated. Rather, a clerical error was made when some ballot envelopes were received in Detroit satellite offices. Although employees stamped a date of receipt on the envelopes, an employee failed to complete the transaction for receiving the ballot by saving that date in the Qualified Voter File. Therefore, at the absent voter counting board, after discussion with Republican challengers who chose not to challenge the process, staff was instructed to enter that date stamped on the envelope ensuring that no voters were disenfranchised by the clerical error.

For media questions, contact
Tracy Wimmer

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Donald J. Trump for President, Inc.
November 10, 2020

RESCHEDULED: Trump Campaign to Host Michigan Press Call with Kayleigh McEnany, Trump 2020 General Counsel Matt Morgan, and Counsel to the Campaign Thor Hearne

Donald J. Trump for President, Inc. will host a press call with Kayleigh McEnany, Trump 2020 General Counsel Matt Morgan, and Counsel to the Campaign Thor Hearne on the campaign's legal efforts in Michigan. The number of lines are limited and available on a first-come, first-served basis. Ground rules will be set at the top of the call.

WHEN: Tuesday, November 10 at 6:00 pm EST

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Donald J. Trump for President, Inc.
November 11, 2020

Trump Campaign Files Suit In Michigan, Citing Irregularities, Incompetence, and Unlawful Vote Counting

President Trump’s re-election campaign filed a federal lawsuit in Michigan citing multiple witness accounts of irregularities, incompetence, and unlawful vote counting. The suit relies on affidavits from witnesses who say they saw election officials counting ineligible ballots, counting batches of the same ballots multiple times, counting illegal late ballots and pre-dating them, accepting ballots deposited in drop boxes after the deadline, and duplicating ballots illegally. It also documents how defendant Wayne County used faulty ballot tabulators that miscounted votes for President Trump as votes for the Biden-Harris ticket.

The complaint also documents illegal and official intimidation and interference with lawful election challengers, harassment of Republican challengers tolerated or perpetrated by election officials, and arbitrary and unequal treatment of Republican challengers. Multiple witnesses gave alarming reports of fraud, intimidation, and interference, such as seeing about 50 ballots being fed multiple times into a ballot scanner, provisional ballots being placed in a tabulation box, ballots received after Election Day being pre-dated and counted, and officials in Wayne County covering windows of the counting center to prevent observers from lawfully monitoring the ballot counting process.

“The 70 million Americans who voted for President Trump deserve transparency into the potentially unconstitutional conduct documented here. The numerous reports we have heard from credible witnesses of Michigan's election processes are alarming. Every American should have faith in our electoral process and know that their legal vote was both counted and protected. Unfortunately, based on several witnesses’ accounts, that seemingly is not what occurred in the state of Michigan,” said Matt Morgan, Trump 2020 campaign general counsel. “As we have said from the beginning, our campaign will continue to ensure all Americans can trust in a free and fair election, and this lawsuit is a noteworthy step toward achieving that goal.”

The federal suit was filed in the Western District of Michigan against Wayne County and the Michigan Secretary of State on behalf of Donald J. Trump for President, Inc. and individual Michigan citizens and voters seeking declaratory and emergency injunctive relief. With this lawsuit, we seek to stop certification of Michigan election results until defendants have verified and confirmed ballots were cast and tabulated in accord with the law and to ensure no unlawful ballots were cast.

The campaign's filings are available here:
Complaint
Exhibit One
Exhibit Two
Exhibit Three
Exhibit Four

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Michigan Democratic Party
November 13, 2020

Michigan Democratic Party Statement on Court’s Decision to Toss out GOP Lawsuit

The Michigan Democratic Party released the following statement on behalf of Chair Lavora Barnes regarding today’s decision from the Wayne County CIrcuit Court.

“Today’s decision reaffirms what Secretary of State Jocelyn Benson and other experts have reported, Michigan’s election system is safe and secure. There is no evidence of fraud and everything the GOP has alleged happened at the TCF Center is simply fiction. It is clear the Republicans will go to extreme lengths to undermine the results of this election.  We applaud Judge Timothy Kenny for his clear and decisive decision. It is time to respect the will of the voters in Michigan and put an end to these senseless lawsuits.”

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Nov. 17, 2020 Wayne County Board of Canvassers Meeting - Michigan United


Michigan United
November 1617, 2020

Wayne County Board of Canvassers reverses decision, certifies the vote

In a dramatic turn of events, the Wayne County Board of Canvassers reversed itself late Tuesday night and certified the vote in Wayne County. Earlier in the night, the board had deadlocked 2-2 along party lines, which would have been the first time the Board had ever refused to certify an election. This would have set the stage to invalidate more than 800,000 votes in Detroit and Wayne County, potentially swinging the outcome of the election if not for the more than 300 people who virtually packed the online meeting and waited for hours to testify during public comment.

Residents decried the Board’s action as undemocratic and a nakedly racist attempt to disenfranchise Black and Brown voters. They were clear that the small number of clerical errors that Republicans objected to, numbering only in the hundreds, should not invalidate nearly a million lawfully cast ballots. “It is unconscionable that 800,000 votes would be thrown out because of a few small errors. I’m glad that the Wayne County Board of Canvassers eventually found a compromise that will allow every vote to be counted,” said Kate Mason, Michigan United Election Protection Coordinator. “Victory today belongs to the hundreds of people from across the state who came forward to demand justice, and to the volunteers who have been observing and protecting the vote these past weeks.” The rationale for the obstruction was a discrepancy in the number of votes cast with those listed in the poll books by a couple of hundred votes. This was explained to the board during the hearing by representatives from the clerk’s office as normal human error. Such imbalances are not uncommon. They occurred in Kent, Kalamazoo, and Macomb counties in the August primary elections, but the board had no problem certifying ballots then. In fact, Canvassing boards for decades have certified election results even where there were unbalanced precincts.
Michigan Democratic Party
November 17, 2020

Michigan Democratic Party Statement on the Wayne County Board of Canvassers Failure to Certify the Vote

The Michigan Democratic Party released the following statement on behalf of Chair Lavora Barnes.

“In an outrageous display of partisan posturing, the two Republicans on the Wayne County Board of Canvassers refused to certify the election results.  Monica Palmer and William Hartmann have chosen to tarnish their personal legacy by picking up the GOP banner of making allegations without any evidence.  For the Republican members of the Wayne County Board of Canvassers to buy into conspiracy theories and completely disregard the will of the voters in Michigan is not only shameful but a complete dereliction of duties.

It was made clear by the comments during the meeting by Palmer and Hartmann, that they have no true understanding of the task they have been charged with and zero understanding of Michigan statutes governing recounts.  This action does away with a long and proud history of Wayne County Board of Canvassers acting in a truly bipartisan fashion, protecting the sanctity of the vote and instilling confidence in Wayne County residents that their votes were indeed counted and counted correctly.  Which is exactly what happened this year.  The actions of Palmer and Hartman disrespects and disregards the voters of Wayne County, the incredibly hard work of the dedicated poll workers and clerks of Wayne County all in the name of partisan showboating.    

Before public comment concluded and the business of the meeting was done this evening, Laura Cox, Chair of the MIGOP released a statement taking credit for persuading the Republican members of the Wayne County Board of Canvassers refusing to certify the election results.  This just confirms that this is nothing more than political showboating based on partisan positioning.  Even during the meeting, Palmer and Hartmann conceded that their actions would not impact any results. 

While bringing shame on themselves and MIGOP leadership, Palmer and Hartmann have now shown us they are willing to violate the oath they took when they were appointed to the Board of Canvassers.”


Michigan Democratic Party
November 17, 2020

Michigan Democratic Party Statement on the Wayne County Board of Canvassers Reversal in Certifying the Election Results

The Michigan Democratic Party released the following statement on behalf of Chair Lavora Barnes regarding the Wayne County Board of Canvassers reversal on certifying the election results.

“For several hours tonight we heard from Michigan residents outraged by the initial decision of the two Republican members of the Wayne County Board of Canvassers to not certify the vote. Their words were full of passion, filled with anger and outrage for the blatant racism that was on display.  Their impassioned pleas, along with the leadership of Wayne County Board of Canvassers Vice Chair Jonathan Kinloch, led to a reversal of the board’s initial decision. The Wayne County vote was certified tonight and they have requested that the Secretary of State conduct an audit of the election results. We applaud this decision and are thrilled that the voices of over 800,000 Wayne County voters have been heard and their votes have been properly counted.  We were reminded tonight about the importance of speaking up and speaking out.  We are deeply thankful to all of you that took the time to share your story tonight. You made a difference.”

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Great Lakes Justice Center
November 17, 2020

Election Fraud Emergency Appeal Filed in the Michigan Supreme Court

Lansing, Michigan – Great Lakes Justice Center (GLJC) today filed an emergency appeal of the Court of Appeals order denying GLJC’s appeal requesting a results audit of the election and for an injunction stopping the certification of the election results. The complaint alleges significant fraud in the election vote-counting procedures. Former Secretary of State Ruth Johnson signed an affidavit stating she reviewed the complaint and affidavits and supported the granting of an injunction and having an audit. The suit states Wayne County election officials allowed illegal, unlawful, and fraudulent processing of votes cast in last Tuesday’s election. Numerous witnesses have filed sworn affidavits under oath attesting to the fraudulent activities they observed directly. These acts disenfranchised lawful voters and potentially changed the outcome of the election. A copy of the appeal, the complaint, and all affidavits can be found at https://greatlakesjc.org/cases/costantino_v_detroit/.

Examples of the numerous legal and factual errors in the trial court decision include:

• Judge Kenny declined to enforce the clear language of the Michigan Constitution permitting voters to request an audit to review the “accuracy and integrity” of the election.
• Judge Kenny places great emphasis on the fact that Plaintiffs and their witnesses failed to attend a walk-through meeting for poll challengers held prior to the election. However, neither the Plaintiffs nor their witnesses were informed of this meeting. It is impossible to attend a meeting that a person is not made aware of and has no knowledge that it is being held. Yet, the trial court holds their non-attendance against them in his decision.
• Judge Kenny places great emphasis on the fact that a large computer monitor was available for poll challengers to review the names of voters as votes were tabulated. The court fails to note that these monitors are meaningless if the poll challengers are denied the right to see the actual ballots being counted so they can compare the names on the actual ballots with the names appearing on the monitor. The trial court ignored this clear violation.
• Judge Kenny emphasizes that no official challenges were filed, but once again he leaves out important facts. Plaintiffs attached numerous affidavits testifying to the fact that challenges were simply denied on site, were not accepted by Defendants, and many of the poll challengers were denied re-entry and/or access to the counting room in order to make a challenge. Defendants literally locked them out of the room.

David A. Kallman, Senior Counsel with the GLJC, stated, “Voters are entitled to the enforcement of their constitutional rights, to know that their elections are conducted in a fair and legal manner, and to ensure every legal vote is properly counted. We ask the Supreme Court to enjoin the certification of this fraudulent election and order a results-oriented audit of the vote in Wayne County.”

The Great Lakes Justice Center is a non-profit corporation dealing with Constitutional liberties and other civil rights issues. The attorneys at the center have spent countless hours to protect its client’s constitutional freedoms and are grateful to minister to such important causes. To support the Great Lakes Justice Center’s important work to protect our nation’s first freedoms, please visit them at www.greatlakesjc.org.

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Donald J. Trump for President, Inc.
November 19, 2020

Trump campaign statement on Michigan litigation

“This morning we are withdrawing our lawsuit in Michigan as a direct result of achieving the relief we sought: to stop the election in Wayne County from being prematurely certified before residents can be assured that every legal vote has been counted and every illegal vote has not been counted.”

- Rudy Giuliani, former Mayor of New York

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Michigan Democratic Party
November 19, 2020

Michigan Democratic Party Statement on Republican members of the Wayne County Board of Canvassers Attempt to Reverse the Certification of the County Election Results

The Michigan Democratic Party released the following statement on behalf of Chair Lavora Barnes regarding the Republican members of the Wayne County Board of Canvassers attempting to reverse the certification of the county election results.

“Rather than recognizing and apologizing for their conduct as members of the Wayne County Board of Canvassers, Monica Palmer and William Hartmann are attempting to reverse their decision again after certifying the election results on Tuesday evening. As we witnessed at the meeting earlier this week, it was abundantly clear that Chair Palmer has absolutely no idea what the role of the canvassing board is and no understanding of what her duties are as the Chair. And though she and Hartmann reversed their initial misguided vote at that meeting, they are now attempting to circumvent the canvassing process in Michigan by signing baseless affidavits that make outrageous claims against their fellow board members and the voters that bravely and boldly participated in the meeting on Tuesday.  It is clear that Palmer and Hartmann are simply kowtowing to the GOP party leadership. There is no legal basis to their claims nor does there exist a path for them to “take back” their vote.  Certifying all election results for the state is now in the hands of the Michigan Board of Canvassers. 

Monica Palmer issued a statement yesterday and in it, claimed “Democrats went off the hinges trying to suggest we wanted to suppress the Black vote, and that was not the case.” Racist conduct and acts of racism cannot be excused or denied because the perpetrator of the conduct or act declares that their intent was not racist.  Chair Palmer’s conduct and comments at the Board of Canvassers’ meeting on Tuesday were racist.  The fact that she claims now to be unable to understand that is nothing more than further reason for her to remove herself from that body and from public service entirely.  The time for silence on these matters is indeed over.  If she declines to resign, she should be removed.  Ignorance is not an excuse for racist conduct.  There is no political courage in the statement she issued, she continues to be misguided by GOP party leadership, and her furtherance of this issue will only invite more outrage.”

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Secretary of State Jocelyn Benson
November 19, 2020

Statement from Secretary of State Jocelyn Benson on planned audits to follow certification of the Nov. 3, 2020, general election

Throughout my tenure as Michigan Secretary of State, and indeed long before, I have spoken repeatedly on the importance of post-election audits to ensure Michiganders can trust the outcome of our elections as an accurate reflection of the will of the people.

I’m thrilled that we are on track to perform a statewide risk-limiting audit of November’s general election, which we’ve been building towards and planning for over the last 22 months, as well as local procedural audits of individual jurisdictions.

For example, earlier this year following the March 10 presidential primary my office conducted Michigan’s first statewide risk-limiting audit pilot, which demonstrated the results of our elections are accurate and provided an extra layer of security as we prepared for November’s election.

The statewide risk-limiting audit will be accompanied by the routine local procedural audits that will review the accuracy and process of elections in local communities, as have been carried out following the November 2019 election and May 2020 election. And as always, under state law our department conducts these audits after the Board of State Canvassers has certified the election. This is because it is only after statewide certification that election officials have legal access to the documentation needed to conduct such audits.

Importantly, while the Risk Limiting Audit is a proactive, voluntary, and planned action our office is taking to confirm the integrity of our elections and identify areas for future improvement, local procedural audits consider clerical errors identified before and on election day, in addition to issues identified during canvasses. This a typical, standard procedure following election certification, and one that will be carried out in Wayne County and any other local jurisdictions where the data shows notable clerical errors following state certification of the November election.

Notably, audits are neither designed to address nor performed in response to false or mythical allegations of “irregularities” that have no basis in fact. Where evidence exists of actual fraud or wrongdoing, it should be submitted in writing to the Bureau of Elections, which refers all credible allegations to the Attorney General’s office for further investigation.

> Link to PDF version of this page

For media questions, contact
Tracy Wimmer

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Nov. 20, 2020 Monica Palmer addresses Wayne County Board of Canvassers vote - Detroit Free Press

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Democratic National Committee

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Senate Majority Leader Mike Shirkey
Speaker of the House Lee Chatfield
November 20, 2020

Legislative leaders meet with President Trump

Senate Majority Leader Mike Shirkey and Speaker of the House Lee Chatfield today released the following statement after their meeting with President Donald Trump at the White House:

"The President of the United States extended invitations to us on Wednesday evening. We each accepted his invitation as we would accept an invitation from any sitting President if asked to meet at the White House. We were proud to be joined by our colleagues to represent Michigan in our nation's capital.

"We used our time in the White House to deliver a letter to President Trump making clear our support for additional federal funds to help Michigan in the fight against COVID-19. We have since sent the same correspondence to congressional leaders.

"Months ago, Michigan received funds through the federal CARES Act, and we used that funding to quickly support front line workers, improve testing, ensure adequate PPE, provide additional support to out-of­-work Michiganders, and deliver assistance to local businesses that are struggling through no fault of their own. We once again face a time in our state when additional support would go a long way to help those same residents who need our help.

"We highlighted our commitment to appropriating further federal dollars to Michiganders most in need as we continue to deal with the impact of COVID-19. We also emphasized our commitment to fiscal responsibility in the state budget as we move forward.

"The Senate and House Oversight Committees are actively engaged in a thorough review of Michigan's elections process and we have faith in the committee process to provide greater transparency and accountability to our citizens. We have not yet been made aware of any information that would change the outcome of the election in Michigan and as legislative leaders, we will follow the law and follow the normal process regarding Michigan's electors, just as we have said throughout this election.

"Michigan's certification process should be a deliberate process free from threats and intimidation. Allegations of fraudulent behavior should be taken seriously, thoroughly investigated, and if proven, prosecuted to the full extent of the law. And the candidates who win the most votes win elections and Michigan's electoral votes. These are simple truths that should provide confidence in our elections."

Joint Letter From Ronna McDaniel and Laura Cox

Saturday, November 21, 2020 - The following is a joint letter issued by Republican National Committee Chairwoman Ronna McDaniel and Michigan Republican Party Chairman Laura Cox to the Michigan Board of State Canvassers.

To the Members of the Board of State Canvassers:

This board faces a stark choice: it can either ignore numerical anomalies and credible reports of procedural irregularities, leaving the distrust and sense of procedural disenfranchisement felt by many Michigan voters to fester for years; or it can adjourn for fourteen days to allow for a full audit and investigation into those anomalies and irregularities before certifying the results of the 2020 General Election, allowing all Michiganders to have confidence in the results. On behalf of the Republican National Committee (“RNC”) and Michigan Republican Party (“MRP”) , we encourage the Board to grant the request made by John James for Senate, Inc. (“James Campaign”) and adjourn for fourteen days to allow for a full, transparent audit of Wayne County’s 2020 General Election results.

We echo the concerns voiced by the James Campaign and Mr. James in their request and letter of November 20, 2020. The procedural and accounting irregularities identified by the James Campaign’s request are credible, deeply concerning, and threaten to undermine Michigander’s faith in the integrity of the November 2020 General Election. To simply gloss over those irregularities now without a thorough audit would only foster feelings of distrust among Michigan’s electorate. In light of the already unprecedented nature of this election—conducted largely by mail in the midst of an ongoing pandemic, it would be a grievous dereliction of this Board’s duty to the people of Michigan not to ensure that the irregularities identified by the James Campaign are thoroughly investigated by a full audit before certifying Wayne County’s results. As the James Campaign has adeptly explained, such an audit could be completed during a fourteen day adjournment of this Board, and neither that adjournment nor the audit of Wayne County’s results would impermissibly delay certification of the election results beyond the statutory deadline of December 7, 2020.

Election officials in other states have taken discretionary steps to ensure that their voters could have full faith in the integrity of their state’s results. In Georgia, Secretary of State Brad Raffensperger ordered a full, statewide audit by hand when confronted with reports of numerical anomalies, procedural errors, and alleged malfeasance despite not being required to do so by Georgia’s laws. Secretary Raffensperger noted that though he thought it was very unlikely that recount would overturn the state’s election results, there was no reason to hurry certification along without first ensuring that all reported procedural irregularities were fully examined. He explained, “With the margin being so close, it will require a full by-hand recount in each county. This will help build confidence. It will be an audit, a recount, and a recanvass all once; it will be a heavy lift, but we will work with the counties to get this done in time for our state certification.” Secretary Raffensperger took this discretionary decision to engage in a full hand recount despite Georgia law not necessarily requiring a full audit by statewide hand recount. See O.C.G.A. § 21-2-498 and SEB Rule 183-1-15-.04. Secretary Raffensperger made this decision in recognition of the imperative that if our government is to function with any legitimacy, voters must have full confidence in the integrity of an election’s result, regardless of whether their preferred candidate won. We encourage this Board to follow that example and order a full audit of Wayne County’s election results and receipts to ensure that Michiganders receive at least the same level of procedural safeguards as Georgians.

We are distressed by the comments of some public officials in Michigan casually dismissing the significant problems and irregularities seen in Wayne County. While those comments may be motivated by a desire to bolster confidence in the election results, its actual effect has been to make the over 2.6 million Trump and Republican voters in the state even more distrustful that Michigan’s election officials are ignoring their demands for free and fair elections. These issues cannot simply be ignored away or brushed under the rug, they must be confronted and thoroughly examined. We implore you to listen to the pleas of your voters and order the audit.

Ronna McDaniel Chairman, Republican National Committee

Laura Cox Chairman, Michigan Republican Party

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Michigan Democratic Party
November 22, 2020

Board of State Canvassers
Michigan Department of State
Lansing, MI 48918

Dear Board Members:

I write on behalf of the Michigan Democratic Party with a request: that on Monday, you carry out your responsibility under Michigan law to certify the results of the 2020 general election.  

This is a simple but fundamental step. Our system of government draws its power from the will of the people as expressed at the ballot box. That will, which lies at the foundation of the state and federal constitutions to which each of you—like every elected official in the State of Michigan—has sworn an oath, must be given effect.  

By any measure, the 2020 general election in Michigan was a remarkable achievement by municipal, county, and state election officials. More than 70% of eligible voters participated, marking the state’s highest participation rate since 1960; the turnout exceeded 5.5 million people, reflecting the highest number of Michiganders to vote in any statewide election. All of this took place in the midst of a global pandemic, this should be cause for commendation and celebration. 

Unfortunately, the incumbent President and his political party have decided to use the weeks following the election to spread falsehoods and to sow doubt about our state’s democratic process. Their fundamental concern, of course, is not with the process at all, but instead with its result—that more than 2.8 million Michiganders cast ballots for Joe Biden and Kamala Harris, constituting 154,187 more votes than those cast for Donald Trump and Mike Pence. But they attempt to mask their actual concern with baseless allegations.   

Most of the claims of “irregularities and anomalies” have been dismissed by courts, after having been leveled in multiple lawsuits. In the words of one judge, the Republicans’ “interpretation of events is incorrect and not credible.” Costantino v. City of Detroit, Case No. 20-014780 (3d Jud. Cir. Ct., Wayne Cnty.) (Kenny, C.J.).  

In addition to now raising recycled claims that have already failed in court, the Republican Party also purports to be concerned about the number of unbalanced precincts in Detroit, although there is no claim that these result from anything other than clerical error nor is there any claim that the vote total is affected by any imbalance. The total imbalance implicates at most 450 votes, i.e., 0.029% of the margin that separates President-Elect Biden from President Trump. The imbalance is also much smaller than it was in 2016. In that election, in which President Trump prevailed by 10,704 votes statewide, more than 58% of Detroit’s precincts had unexplained imbalances. This year, only 28% did. Certification was straightforward in 2016, just as it should be this year. The strength and dependability of our democracy does not depend on the identity of the prevailing candidates. 

In an effort to postpone the certification of the election results, the Republican Party now demands a pre-certification audit of Wayne County. The Board of State Canvassers, however, has no authority to order such an audit. Moreover, under state law, an audit will already occur—but its timing is tied to the completion of the Board’s work, such that any delay in the Board’s business will only serve to delay the audit. Mich. Comp. Laws s. 168.31a; see Michigan Post-Election Audit Manual. State law also provides that the audit “is not a recount and does not change any certified election results.” Mich.Comp.Laws s.168.31a (emphasis added).

The attempt to use an audit process to prevent certification of the election cannot be countenanced by this Board, lest it become an ingrained venue for post-election skirmishes. The administration of a democracy involving the participation of 5.5 million people is necessarily a complex undertaking; immaterial imperfections are studied and learned from, but they are not now and never have been a basis to cast aside the results of the election. Indeed, the post-2016 election audit in Detroit found that certain precincts were unbalanced because of human error; there was no evidence whatsoever of fraud. We are confident that this year’s audit will reveal the same.

Unlike the Republican Party, the Michigan Democratic Party is aware that there were other federal and state offices on the ballot as well. In some races, our party prevailed. In others, we did not. Those matters were decided at the polls, and we wish all of those chosen by Michiganders well. The certification process must not be manipulated to serve as some sort of retroactive referendum on the expressed will of the voters. That is simply not how democracy works.  

As a Michigander, a voter, and the Chair of the Michigan Democratic Party, I ask only what the people of Michigan deserve. The Board should follow state law and certify the clear results of the 2020 election so that the officials elected by the people of this state may get to work on the many challenges that await them.  

Sincerely,

Lavora Barnes
Chair, Michigan Democratic Party

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Michigan Republican Party
November 23, 2020

Cox Remarks To The State Board Of Canvassers

LANSING, Mich., November 23, 2020 – The following remarks were delivered by Michigan Republican Party Chairman Laura Cox at today’s State Board of Canvassers meeting.

“I am asking you to consider delaying certification.  There are too many questions that need to be answered regarding this election. Too many numerical anomalies and credible reports of procedural irregularities.  We need to remove the distrust and sense of procedural disenfranchisement felt by many Michigan voters in place. This vote will be certified, and the will of the people will be upheld.  But we need to ensure there is a fair and accurate vote count first.

This election had its issues. At every step this election process has been stacked against Republicans.  Starting with the challenger process.

Every election, the Michigan Republican Party chair signs credentials for thousands of Republicans who volunteer to observe and challenge the election counting process to uphold the integrity of the vote.  This year, I was honored to perform that duty and thousands showed up across the state.

The majority of election officials treated all challengers regardless of party with dignity and respect and let them participate meaningfully in the process. One location and one jurisdiction stood out above others as being inhospitable and hostile to Republican challenges—the TCF Center.

From the moment issues started until today, the reaction from the Secretary of State, the Attorney General, and partisan Democrats has been antagonistic, belligerent and disrespectful.  I appreciate the hard work of election officials but I also will not let Republican challengers be disrespected and shut out of the process.

And last week, the Wayne County Board of canvassers noticed significant problems with the election counting process across the county. When the Republican canvassers asked the state to take a little more time to investigate, they were treated again with hostility and intimidation. But rather than treat these threats seriously, many Democrat elected officials looked to further intimidate and threaten these officials.

This is why I implored this board of canvassers to provide a meaningful review of Wayne County.

In the future, I would ask this board to do three things.

First, please use your platform to ensure that all challengers and participants in the election process are treated equally regardless of party. 

Second, please use your platform to end the threats and intimidation to Republicans and all parties.  All deserve to have an election with integrity where every legal vote counts.

Third, please demand more from the election counting process so all questions can be answered to ensure a fair and accurate vote. I ask you to do that today.

I will continue to stand up for Republicans and demand that their rights are respected. Thank you, Chairman.”

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Nov. 23, 2020 Michigan Board of State Canvassers Certifies Election Results - C-SPAN



Secretary of State Jocelyn Benson
November 23, 2020

Statement from Secretary of State Jocelyn Benson on the Board of State Canvassers certification of Nov. 3 election

"Democracy has prevailed.

Today’s vote of the State Board of Canvassers to certify Michigan’s November election confirms the truth: the election was fair and secure, and the results accurately reflect the will of the voters.

A record breaking 5.5 million Michigan citizens cast ballots in this election, more than ever before in our state’s history. Their will is clear and unequivocal.

Now we turn to the important work of implementing a statewide risk limiting audit and local procedural audits to affirm the integrity of the process and identify opportunities for improvement. And we will continue working with lawmakers at the state and federal level to strengthen our elections even further in the months ahead.

Our democracy, like the election officials who administer it, is resilient.  Today it and they survived an unprecedented attack on its integrity. There will no doubt be more similar attacks in the future, based in falsehoods and misinformation. But then, as now, we will be ready to respond as always with facts, data, and the truth."

For media questions, contact
Tracy Wimmer


Governor Gretchen Whitmer
November 23, 2020

Governor Whitmer Statement on State Board of Canvassers Vote to Certify 2020 Election Results

LANSING, Mich. -- Today, Governor Gretchen Whitmer released the following statement after the Michigan State Board of Canvassers voted to certify the results of the November 2020 election:

“I commend the three members of the State Board of Canvassers who voted to follow the law and certify the 2020 election results today. The people of Michigan have spoken. President-elect Biden won the State of Michigan by more than 154,000 votes, and he will be our next president on January 20th. I also want to thank Secretary of State Jocelyn Benson and the local clerks across Michigan who made sure this year's election was free, fair and secure, and the voters who turned out in record numbers to make their voices heard. Now, it’s time to put this election behind us and come together as a state to defeat our common enemy: COVID-19.”

Amistad Project Files Election Litigation in Michigan, claims "officials brazenly violated election laws ... to advance a partisan political agenda"

Amherst, Virginia/November 27, 2020 – The Amistad Project of the Thomas More Society filed litigation yesterday asking the Michigan Supreme Court to physically secure all evidence of irregularities in the 2020 election and declare the election results invalid on the basis of unlawful conduct by state and local officials.

“In numerous instances, state and local officials brazenly violated election laws in order to advance a partisan political agenda,” said Phill Kline, Director of The Amistad Project. “The pattern of lawlessness was so pervasive and widespread that it deprived the people of Michigan of a free and fair election, throwing the integrity of the entire process into question.”

The litigation, which is the product of lengthy and intensive investigations by the Amistad Project, outlines several major violations by Secretary of State Jocelyn Benson and election officials at all levels and argues that these violations effectively disenfranchised millions of voters by depriving them of both due process and equal protection.

Specifically, the suit notes that Benson circumvented the explicit intent of the Michigan Legislature, which established an absentee ballot process designed to minimize the risk of fraud. Benson violated numerous provisions of this process by sending unsolicited absentee ballot applications to every household in the state without verifying whether the intended recipients were still residing at the same location, whether they were eligible to vote in 2020, or even whether they were still alive.

Benson compounded the affront by establishing a process for online absentee ballot applications, again without statutory authority. This precludes the possibility of obtaining an actual signature from the voter, as required by law. The secretary of state’s unlawful actions flooded the state with absentee ballots, which are inherently less secure than in-person voting.

Courts have repeatedly found that mail-in and absentee ballots are particularly susceptible to fraud. This vulnerability was exacerbated by the numerous irregularities during the vote counting process, particularly in Wayne County, detailed in numerous affidavits included with the Amistad Project’s litigation.

The affidavits describe election workers counting ballots from voters whose names did not appear on official voter rolls, failing to verify signatures on absentee ballots, and even backdating absentee ballots that arrived too late to be counted. Eyewitnesses also reported the late arrival of tens of thousands of “unsecured and unsealed” ballots.

Throughout the vote-counting process, both election observers and the public were obstructed from meaningful access by election officials, constituting yet another violation of state law. When election workers duplicated flawed ballots that could not be read by machine, for instance, they ignored the legislative mandate that a representative from each major party sign off on every ballot — a crucial safeguard designed to prevent unscrupulous election workers from altering or otherwise defying voter intent.

Notably, many of those election workers were paid directly by grants from an organization called the Center for Tech and Civic Life (CTCL), which was funded by $350 million donated by Facebook founder Mark Zuckerberg. Most of the grants awarded by CTCL went to jurisdictions in crucial battleground states that reliably vote for left-leaning candidates.

In addition to paying the salaries of election workers and funding the purchase of voting equipment, the CTCL grants came with strict conditions designed to promote absentee voting and discourage in-person voting. Failure to abide by those conditions would enable CTCL to revoke the grant monies, giving the private organization de facto control over the election process.

The Amistad Project is asking the Michigan Supreme Court to direct that the Michigan Legislature conduct a comprehensive investigation into all claims of irregularity and fraud in order to determine which votes are valid. Since it is unlikely that these investigations could be completed in time to meet constitutional deadlines for appointing presidential Electors, it is likely that the only remedy available in the presidential contest would be for the Michigan Legislature to exercise its lawful authority to appoint the state’s Electors.

Reference: TEMP-KBWLNXOR

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Michigan Senate

NOTICE OF SCHEDULED MEETING

COMMITTEE: Senate Committee on Oversight

DATE: Tuesday, December 1, 2020

TIME: 10:15 a.m. or immediately following session.

LOCATION: Room 1100, Binsfeld Office Building
                    201 Townsend Street
                    Lansing, MI 48933

CONTACT: Jackie Mosher, Committee Clerk

Dec. 1, 2020 Michigan Senate Oversight Committee Hearing - Michigan Senate

 

Michigan Republican Party
December 1, 2020

Cox Statement On Senate Election Integrity Hearing

LANSING, Mich., December 1, 2020 – The following statement is from Michigan Republican Party Chairman Laura Cox, regarding today’s Michigan Senate hearing on the integrity of our elections.

“I applaud the Michigan Senate for taking up such an important issue in today’s hearing. These hearings will continue to expose the unprecedented amount of irregularities that Michigan experienced in this election. As we learn the truth of what happened on Election Day and the days following, I call on all of our leaders to take steps to ensure that these embarrassing abuses never happen again.”

 

Michigan Democratic Party
December 1, 2020

Michigan Democratic Party Statement on Senate Oversight Hearing

The Michigan Democratic Party released the following statement on behalf of Chair Lavora Barnes.

“Holding an in-person hearing with no opportunity to testify virtually during a global pandemic is reckless and irresponsible. Yet, the GOP controlled Michigan Senate has done exactly that today, even with another state legislator testing positive.  False claims of illegal actions at the TCF Center have been debunked by the court system and the lawsuits have been withdrawn or dismissed. The vote has been certified, Joe Biden won Michigan by more than 154,000 votes. With just one month left of this legislative session it is unconscionable that the Michigan Legislature is spending their time allowing conspiracy theorists to call into question the integrity and security of our elections system.  Michiganders are hurting and right now the legislature should be focused on COVID-19 relief for our working families, our front-line workers, and everyone that has been impacted by this deadly virus.” 


ACLU of Michigan
December 1, 2020
FOR IMMEDIATE RELEASE

ACLU STATEMENT ON SECURE, TRANSPARENT, AND ACCURATE ELECTION IN MICHIGAN

DETROIT – The American Civil Liberties Union of Michigan (ACLU) issues the following statement regarding the Michigan Senate Oversight Committee’s hearing today: 
 
“The Nov. 3 Election in Michigan was secure and accurate, and every eligible vote cast has been counted. Today’s state Senate Oversight hearing only sows distrust in our electoral system.

“During a pandemic, poll workers, election officials, and community members courageously rose to the task to hold a fair and transparent election. More than 5.5 million Michiganders cast ballots in this election — one of the most secure and successful elections in our state’s history. 

“The people of Michigan have made their voices heard loud and clear: The outcome of the election has been decided.” 

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Michigan Republican Party
December 2, 2020

Cox Statement On Joint Legal Briefing With Mayor Giuliani

LANSING, Mich., December 2, 2020 – The following statement is from Michigan Republican Party Chairman Laura Cox regarding the 2020 legal briefing hosted today with the president’s personal attorney, Mayor Rudy Giuliani, on election irregularities in Michigan. Click here to watch the full briefing.

“I was so proud to host today’s legal briefing with Mayor Rudy Giuliani, to give our grassroots activists an update on the election irregularities we have experienced in Michigan. From the minute we learned about these irregularities, the Michigan Republican Party jumped into action to ensure we collected all the evidence and fought any and all efforts to eliminate transparency from our elections. I look forward to hearing Mayor Giuliani’s testimony in our legislature this evening.”

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Michigan House

Date:    12/2/2020 - new
Time:    06:00 PM or after committees are given leave by the House to meet, whichever time is later.
Meeting:    Standing Committee Meeting Oversight

Representative Rep. Matt Hall

All bills referred to this committee
Location: Room 519, House Office Building, Lansing, MI
Clerk: Taylor Thrush

Broadcast:      House Committee 1
Agenda:     Presentation from Mayor Rudy Giuliani, from President Donald J. Trump’s legal team

OR ANY BUSINESS PROPERLY BEFORE THIS COMMITTEE



Dec. 2, 2020 Michigan House Oversight Committee Hearing - Michigan House Republicans

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Secretary of State Jocelyn Benson
December 2, 2020