{"id":1050,"date":"2021-08-02T04:06:08","date_gmt":"2021-08-02T04:06:08","guid":{"rendered":"https:\/\/archive.amarkfoundation.org\/the2020election\/?page_id=1050"},"modified":"2022-07-14T09:33:03","modified_gmt":"2022-07-14T09:33:03","slug":"voting-related-litigation-michigan","status":"publish","type":"page","link":"https:\/\/archive.amarkfoundation.org\/the2020election\/voting-related-litigation-michigan\/","title":{"rendered":"Voting-related Litigation: Michigan"},"content":{"rendered":"\r\n

1. Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al.<\/b><\/span><\/p>\r\n

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(Filed November 4, 2020, 20-000225-MZ;<\/a><\/em>\u00a0Dismissed January 6, 2021, 20-000225-MZ<\/a>)<\/em><\/span><\/p>\r\n<\/div>\r\n

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Michigan Court of Claims: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al<\/a>.\u00a0<\/em>was filed in Michigan Court of Claims on November 4, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, including lack of access by election inspectors to absentee vote counting. Plaintiffs requested an emergency injunction to stop the counting of absentee votes. The case was assigned to the Hon. Cynthia Stephens, a Democratic <\/strong>appointee. On November 6, 2020, Judge Stephens denied the injunction because, by the time Plaintiffs filed their request, the votes had been counted, making the claim moot.<\/p>\r\n<\/div>\r\n

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Michigan Court of Appeals<\/em>: On November 6, 2020, the Plaintiffs appealed Judge Stephens\u2019 interlocutory order of November 6, 2020, and sought immediate consideration of their appeal to the Michigan Court of Appeals. On December 4, 2020, the Hon. Stephen Borello and the Hon. Amy Ronayne Krause, both Democratic\u00a0<\/b>appointees, denied<\/a> Plaintiffs\u2019 Leave to Appeal; the Hon. Patrick Meter, a Republican <\/b>appointee, did not agree with the decision.<\/p>\r\n<\/div>\r\n

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Michigan Supreme Court<\/em>: On December 7, 2020, the Plaintiffs appealed the December 4, 2020, ruling of the Michigan Court of Appeals to the Michigan Supreme Court and sought immediate review. The motion for immediate review was assigned to Chief Justice Bridget M. McCormick, a Democratic\u00a0<\/strong>appointee. On December 11, 2020, the Michigan Supreme Court denied<\/a> leave to appeal.<\/p>\r\n<\/div>\r\n

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Michigan Court of Claims: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al.<\/em> On January 6, 2021, Judge Stephens granted Defendants\u2019 motions to dismiss and dismissed<\/a> the case because it was moot.<\/p>\r\n

Issues:<\/strong> Ballot counting (observers from each party not present); Vote-by-mail (drop boxes)\u00a0<\/p>\r\n<\/div>\r\n

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Outcome:<\/strong> The Plaintiffs lost.<\/p>\r\n<\/div>\r\n

 <\/p>\r\n

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2. Sarah Stoddard, et al. v. City Election Commission, Inc, et al.<\/b><\/span><\/h3>\r\n<\/div>\r\n
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(Filed November 4, 2020, 20-014604-CZ<\/a>, Dismissed February 22, 2021, <\/em>20-014604-CZ<\/i>)<\/em><\/span><\/p>\r\n<\/div>\r\n

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Michigan Circuit Court: Sarah Stoddard, et al. v. City Election Commission, Inc, et al.<\/a> <\/em>was filed in the State of Michigan, in the Third Judicial Circuit Court for the County of Wayne, on November 4, 2020. An Amended Complaint<\/a> was filed on November 5, 2020. The case was brought to challenge the results of the November 3, 2020, General Election, alleging that absentee vote count centers did not have a representative from each party present during counting. Plaintiffs sought a halt to counting in their motion for a preliminary injunction. On November 6, 2020, the motion was denied<\/a> by the Hon. Timothy M. Kenny, an Independent<\/strong>, because evidence showed that, in fact, representatives from each party were present during vote counting. After a hearing on Defendants\u2019 Motions to Dismiss, the court entered a final order dismissing the action on February 22, 2021.<\/p>\r\n

Issues:<\/strong> Ballot counting (Republican observers not present)\u00a0<\/p>\r\n<\/div>\r\n

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Outcome:<\/strong> The Plaintiffs lost.<\/p>\r\n<\/div>\r\n

 <\/p>\r\n

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3. Costantino, et al. v. City of Detroit, et al.<\/b><\/span><\/p>\r\n<\/div>\r\n

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(Filed\u00a0November 9, 2020,\u00a020-014780-AW<\/a>; Dismissed by stipulation<\/a> January 7, 2021, 20-014780-AW)<\/p>\r\n<\/div>\r\n

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Michigan Circuit Court:\u00a0Cheryl A. Costantino, et al v. City of Detroit, et al<\/a><\/em>.\u00a0was filed in the\u00a0Third Judicial Circuit Court, Wayne County, Michigan, on November 9, 2020. The case was brought to challenge the November 3, 2020, General Election due to alleged fraud. Plaintiffs also filed an emergency motion to enjoin the certification of results of the General Election. The Hon. Timothy Kenny, an Independent<\/b>, denied<\/a> the emergency motion on November 13, 2020, because Plaintiffs had several other remedies at law and their allegations of fraud were contradicted by highly credible witnesses.<\/p>\r\n<\/div>\r\n

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Michigan Court of Appeals<\/em>: Three days later,\u00a0on November 16, 2020, Plaintiffs filed<\/a> an Application for Leave to Appeal in the Michigan Court of Appeals, seeking three forms of relief: immediate review of Judge Kenny\u2019s order of November 13, 2020, a results audit of Wayne County votes and an injunction against certifying Wayne County election results. The Hon. Michael J. Riordan, Presiding Judge and a\u00a0Republican<\/strong>\u00a0appointee, denied<\/a>\u00a0leave to appeal on the same day.<\/p>\r\n<\/div>\r\n

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Michigan Supreme Court:<\/em>\u00a0The next day, on November 17, 2020, Plaintiffs filed<\/a> an Application for Leave to Appeal to the Michigan Supreme Court, seeking review of both Judge Riordan\u2019s order and Judge Kenney\u2019s order. On November 23, 2020, the Michigan Supreme Court denied<\/a> leave to appeal. The Hon. Brian Zahra, a\u00a0Republican<\/strong>\u00a0appointee, wrote a concurring statement that was joined by the Hon. Stephen Markman, a Republican<\/b> appointee. The Hon. David Viviano, a Republican<\/b> appointee, dissented.<\/p>\r\n<\/div>\r\n

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Michigan Circuit Court:\u00a0<\/em>On January 7, 2021, all of Plaintiffs\u2019 remaining claims were dismissed by agreement, and Judge Kenny issued an order for the stipulation<\/a> on January 8, 2021.<\/p>\r\n

Issues:<\/strong> Widespread fraud; Vote-by-mail (improper signature verification, ignoring deadlines); Ballot counting (observers barred)\u00a0<\/p>\r\n<\/div>\r\n

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Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\r\n<\/div>\r\n

 <\/p>\r\n

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4. Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al.<\/b><\/span><\/h3>\r\n<\/div>\r\n
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(Filed November 11, 2020, <\/em>1:2020-cv-01083<\/i><\/a>; Voluntarily dismissed November 19, 2020, <\/em>1:2020-cv-01083<\/i><\/a>)<\/em><\/span><\/p>\r\n<\/div>\r\n

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US District Court: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al.<\/a><\/em> was filed in United States District Court, Western District of Michigan, Southern Division, on November 11, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, and to enjoin certification of the election results. The case was assigned to the Hon. Janet T. Neff, a Republican<\/strong> appointee. On November 19, 2020, the case was voluntarily dismissed<\/a>.<\/p>\r\n

Issues:<\/strong> Ballot counting (observers barred); Vote-by-mail (illegal ballots added to results, ballots duplicated, date changed on late ballots, drop boxes); Voting machines (tabulation machine errors)\u00a0<\/p>\r\n<\/div>\r\n

Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\r\n

 <\/p>\r\n

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5. Lena Bally, et al. v. Governor Gretchen Whitmer, et al.<\/b><\/span><\/h3>\r\n<\/div>\r\n
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(Filed November 11, 2020, <\/em>1:20-cv-1088<\/i><\/a>; Voluntarily dismissed November 16, 2020, <\/em>1:20-cv-1088<\/i><\/a>.)<\/em><\/span><\/p>\r\n<\/div>\r\n

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US District Court: Lena Bally, et al. v. Governor Gretchen Whitmer, et al.<\/a><\/em> was filed in the US District Court for the Western District of Michigan, Lansing Division, on November 11, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, and to have the court to declare that illegal votes from certain counties be invalidated. The case was assigned to the Hon. Janet T. Neff, a Republican<\/strong> appointee. On November 16, 2020, the case was voluntarily dismissed<\/a>.<\/p>\r\n

Issues:<\/strong> Ballot counting (observers barred); Vote-by-mail (illegal ballots added to results, ballots duplicated, date changed on late ballots, drop boxes, improper signature verification); Voting machines (tabulation machine errors)<\/p>\r\n<\/div>\r\n

Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\r\n

 <\/p>\r\n

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6. Angelic Johnson, et al. v. Jocelyn Benson, Secretary of State, et al.<\/b><\/span><\/h3>\r\n<\/div>\r\n
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(Filed November 15, 2020, <\/em>1:20-cv-01098<\/i><\/a>; Voluntarily dismissed November 18, 2020, <\/em>1:20-cv-01098<\/a>)<\/em><\/span><\/p>\r\n<\/div>\r\n

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US District Court: Angelic Johnson, et al. v. Jocelyn Benson, Secretary of State, et al.<\/a><\/em> was filed in the US District Court for the Western District of Michigan on November 15, 2020. The case was brought to challenge the November 3, 2020, General Election over\u00a0purported voting irregularities, and sought to enjoin certification of the election results. The case was assigned to the Hon. Janet T. Neff, a Republican<\/strong> appointee. On November 18, 2020, the case was voluntarily dismissed<\/a>.<\/p>\r\n

Issues:<\/strong> Vote-by-mail (ballots sent to all voters unrequested, improper signature verification)<\/p>\r\n<\/div>\r\n

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Outcome:<\/strong> Since the Plaintiffs did not prevail, this is considered a loss.<\/p>\r\n<\/div>\r\n

 <\/p>\r\n

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7. William Bailey, et al. v. Antrim County, et al.<\/b><\/span><\/h3>\r\n<\/div>\r\n
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(Filed November 23, 2020, <\/em>20-09238-CZ<\/i><\/a>; Dismissed May 18, 2021, 20-09238-CZ; Appeal pending, 357838<\/em>)<\/p>\r\n<\/div>\r\n

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Michigan Circuit Court: William Bailey, et al. v. Antrim County, et al.<\/a><\/em> was filed in the State of Michigan Circuit Court for the County of Antrim on November 23, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities and sought a preliminary injunction for scans of ballots and preservation of records. Human error led to incorrect unofficial reporting that Joe Biden had won Antrim County, but the records were corrected the next day and a hand recount confirmed that Trump won the county. The Plaintiff wanted to conduct forensic imaging of the election equipment. [1]<\/sup><\/a>Clara Hendrickson, \u201cJudge dismisses Antrim County election fraud lawsuit,\u201d freep.com, May 18, 2021<\/span><\/span>