MI Judge Rules Election Laws Broken? What?!?

What happened during the 2020 Presidential Election:

How Joe Biden reclaimed Michigan for the Democrats
Erin Einhorn, Nov. 4, 2020

What the Press reported:

Courts rejected claims of fraud, misconduct in legal challenges to Michigan election
- Dave Boucher, Paul Egan, Clara Hendrickson, Detroit Free Press, December 11th, 2020

What the Judge in the State of Michigan wrote:

“…regardless of what is permissible under MCL 168.31 [Michigan Compiled Laws 168.31 - "Secretary of state; duties as to elections; rules."] it is apparent that that which occurred here is not permissible, absent compliance with the APA [Administrative Procedures Act]. Here, defendant [Secretary of State Jocelyn Benson] issued a mandatory directive and required local election officials to apply a presumption of validity to all signatures on absent voter ballot applications and on absent voter ballots. The presumption is found nowhere in statute. The mandatory presumption goes beyond the realm of mere advice and direction, and instead is a substantive directive…”
Genetski v. Benson, No. 20-000216-MM in the Court of Claims for the State of Michigan, Hon. Judge Christopher M. Murray (read his full decision here), March 9th, 2021

What this means:

When Michigan’s Democrat Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater instructed to assume a signature on an absentee ballot application or 2020 Election Ballot was genuine there was no law or statue which allowed them to give that instruction.

What the GOP said:

“It was clear from the outset that the secretary of state had violated Election Law by unilaterally directing local clerks to ignore their statutory obligation to compare absentee ballot signatures.”
- Mr. Ted Goodman, communications director for the state GOP, as reported here.

What was done about it:

Michigan Secretary of State Jocelyn Benson unveils plan to improve government transparency
– by Clara Hendrickson, Detroit Free Press, March 15th 2021

By the way, nothing in Jocelyn Benson’s proposed plan covers verifying that a signature on an absentee ballot application or absentee ballot is genuine.

What have we learned?

“Problem solved”

Thanks for Reading!

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