MICHIGAN SUPREME COURT SPIKES ELECTION LAWSUIT
Request by Trump allies included claims of vote-counting fraud, ballot application concerns
The Michigan Supreme Court on Wednesday rejected an unprecedented request to take control of ballots and ballot boxes from the Nov. 3 election and appoint someone to investigate claims of vote-counting fraud in Detroit.
The court said it is “not persuaded that it can or should grant the requested relief.” The order was 4-3, with a Republican-nominated justice, Elizabeth Clement, joining three Democrats in throwing out the lawsuit.
The case was filed days after the Board of State Canvassers certified Joe Biden’s 154,000-vote Michigan victory over President Donald Trump. It was another lawsuit aimed at changing the outcome of the election.
There is no evidence of widespread election fraud anywhere in the U.S., experts say.
“I consider it imprudent to hear this matter, a conclusion only amplified by my view that it is irresponsible to continue holding out the possibility of a judicial solution to a political dispute that needs to be resolved with finality,” Clement said.
Three dissenting conservative justices said they were in favor of at least hearing arguments.
“The case before the court is no small matter. Election disputes pose a unique test of a representative democracy’s ability to reflect the will of the people when it matters most,” Justice David Viviano said. “But it is a test our country has survived, one way or another, since its inception. By closing the courthouse door on these petitioners, the court today denies them any ability to have their claims fully considered by the judiciary.”
The lawsuit by Trump allies took aim at a number of issues, including the mailing of absentee ballot applications by the Democratic secretary of state months ago.
“The time to challenge this scheme may have been before the applications were mailed out — or at least before the absentee ballots were cast — rather than waiting to see the election outcome and then challenging it if unpalatable,” Clement said.
The Michigan ruling came a day after the Nevada Supreme Court unanimously ruled to reject an appeal from the Trump campaign to overturn that state’s election results.
The 6-0 decision from Nevada’s high court came after a lower court gave a full-scale ruling against the Trump campaign’s efforts in the state last week. Judge James T. Russell of the Nevada District Court ruled Friday that there was no evidence supporting the claims of fraud and wrongdoing made by the campaign in a state that President-elect Joe Biden won by more than 33,000 votes.
In a 40-page order from the Nevada Supreme Court late Tuesday, the justices “affirmed” the decision from Russell and said the court would take no action. The court found that the Trump campaign failed to identify “any unsupported factual findings” in Russell’s decision, with the state’s high court concluding that it had also “identified none.”
“To prevail on this appeal, appellants must demonstrate error of law, findings of fact not supported by substantial evidence or an abuse of discretion in the admission or rejection of evidence by the district court,” the order read. “We are not convinced they have done so.”
The Trump campaign’s Nevada lawsuit included a baseless allegation that more than 61,000 people voted twice or from out-of-state. Although Trump campaign lawyer Jesse R. Binnall said last week a “robust body of evidence” supported his claim that the state’s six electoral votes were “stolen” from the president, Nevada Democratic Attorney General Aaron Ford had challenged Trump’s attorneys to present any evidence supporting the unfounded allegations.
“This election is over,” Ford said.