Showing posts with label Wayne County. Show all posts
Showing posts with label Wayne County. Show all posts

Wednesday, November 18, 2020

Michigan: meet the cowardly Wayne County Board of Canvassers UPDATE: Votes to certify rescinded? See the affidavits

All eyes were on Wayne County Commissioners Board of Canvassers Court who convened yesterday to canvass and certify the results of the November 3 election. 

Early media accounts noted the board members voted in a 2-2 tie but then THIS happened:


Bottom line? The two members harassed by fellow board members Aiyash and Staebler caved. Palmer and Hartmann failed in their duty and voted under duress.

Amid the lawsuits; the missing thumb drives and machine "glitches", ballot drop-box video and a Michigan Court of claims order that was not final- Wayne County Board of Canvassers voted 4-0 to certify the results (under oath! ) of the November 3 general election.

They will be written into the history books as four of the most cowardly elected officials you've ever read about.

UPDATE: The two Republican Board members rescind their votes. Read the affidavits here.

Friday, November 13, 2020

Judge denies plaintiff effort to block Michigan vote certification; watch for the media spin UPDATE: GOP state senators chime in

Earlier today Michigan Judge Timothy Kenny denied a legal effort to block the states vote certification. Big Media and Swampy lawyers count on the possibility you do not have access to these documents. This is why I publish them for you when other news sites lack the courage to do so.

Watch for the "spin" from voices this is a loss for President Trump and sound gleeful about a loss for the Trump campaign. .

On the contrary when you read the opinion you'll notice the plaintiffs who filed the action (case 20-014-780-AW; Third Judicial Court of Michigan) are Costantino and McCall, NOT the Trump campaign.

The two plaintiffs now have a legal document from Judge Timothy Kenny describing the Michigan election process as unwieldy, the wishes of the people expressed through their state legislature must prevail and cannot be changed at the whim of a judge through judicial fiat.


"it would be an unprecedented exercise of judicial activism for this court to stop the certification process of the Wayne County Board of Canvassers. The Court cannot defy a legislatively crafted process, substitute its judgement for the legislature and appoint an independent auditor  because of an unwieldy process. 

In addition to being an unwarranted intrusion on the authority of the legislature, such an audit would require the rest of the County and State to wait on the results. Remedies are provided to the Plaintiffs. Any unhappiness with MCL 168.31a (a results audit passed by the state legislature) calls for legislative action rather than judicial intervention.

Plaintiffs can go to the Wayne County Board of Canvassers. If they are dissatisfied with the results Plaintiffs can avail themselves of the legal remedy of a recount and a Secretary of State audit pursuant to MCL168.31a"

Here's the best part. See the highlighted portion about attending the October 29th walk-through of the TCF Center.


















This is not a final order and does not close the case.

Remember the letter County Examiner shared yesterday? 

Hmmm. Judge Kenny wagged his finger at the Plaintiffs for not attending the October 29 TCF walk-through. What was Clerk Winfrey's response to the letter below. Can you connect the dots yet?






















UPDATE: GOP State Senators from Michigan chimed in requesting the full audit be completed before the election results are certified.

Thursday, November 12, 2020

Trump Michigan lawsuit exhibit: "Zoom" is not a adequate public test of the accuracy of voting machines

Yesterday the Donald J Trump campaign issued a press release announcing the filing of a lawsuit in Federal court; in the Western District of Michigan. PACER (Case 1:20-cv-01083) 

The case is styled Donald J. Trump for President et al v Benson et al and there is a related case in another court;  1:20-CV-522. The suit seeks to stop certification of Michigan election results.

UPDATED Nov 12: two new docket entries in PACER. One indicates the case 1:20-CV-522 is not related and the second reflects Case 1:20-cv-01083 is assigned to Judge Janet Neff.





The defendants are:
  1. Jocelyn Benson, in her official capacity as Michigan Secretary of State
  2. The Michigan Board of State Canvassers
  3. Wayne County, MI, and
  4. Wayne County Board of County Canvassers
On October 28th, 6 days prior to Election Day and the day BEFORE public testing of voting machies and a walk-through of the TCF were to take place, a representative of the Trump campaign Michigan Election Day Operations wrote the following letter to the City of Detroit Clerk:

Ask yourself what was the justification for conducting the voting machine accuracy test via Zoom on October 29, when an IN-Person walk through of the TCF Center the same day was A-OK?

COVID?

Remember: the " Swampy lawyers" keep screaming there's no evidence!"

Shall we wait for the response from the City of Detroit Clerk and see what THEY had to say?





 




Wednesday, November 11, 2020

EVIDENCE: Michigan officials start eating their own as Trump campaign files suit in MI

Today the Donald J. Trump re-election campaign filed a federal lawsuit in Michigan citing multiple witness accounts of irregularities, incompetence, and unlawful vote counting. The suit also documents how defendant Wayne County used faulty ballot tabulators that miscounted votes for President Trump as votes for the Biden-Harris ticket.

From the Press release:

"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 complaint and exhibits can be found here.

Key points:

  1. As outlined in the complaint, in the State of Michigan Secretary of State Benson and Michigan officials have responsibility to ensure only legal ballots cast by lawful voters are counted in a uniform manner across the entire state.  (page 14) Challengers testified this did not happen in Wayne County (home of Detroit)
  2. The Michigan Elections Officials Manual instructs local officials that if a ballot is rejected by a tabulation machine, the ballot must be duplicated onto a new ballot and this duplication process observed by bi-partisan observers. Challengers testified the duplication process was not observed by bi-partisan teams as required by the Manual.
  3. In October Michigan changed election code to allow for multiple mail ballots drop box locations, however only the lawful voter may be in possession of the ballot to drop it into the drop-box. Additionally Michigan election code requires local official who set up theses mail ballot drop-box locations must use video monitoring to monitor that process.
  4. Secretary of State Benson made a public statement blaming the Wayne County clerk for not updating "media drives". (page 21-22)
  5. In Oakland County a Democrat  was wrongly declared the winner of a commissioner race by 104 votes. After a computer issue caused the double-counting of votes, the Republican in the race became the winner by a vote count of over 1100 votes. (Page 22-23)
There are many more issues.

To summarize, the lawsuit seeks to prevent Wayne County from including unlawful ballots in their canvassing procedures and asks Wayne County to exclude ballots counted on defective machines with defective software from the tally or letting the county hand count these ballots to ensure an accurate count.

County Examiner suggested readers watch for signals that counties and states would have "difficulty" meeting Electoral College Timelines.

Exit questions: how many votes were counted in Wayne County for Joe Biden? How many for President Trump? Current status here. Over 600,000. 

  • Can Wayne County count these ballots by hand and produce an accurate count in accordance with the Electoral College Timeline? Hmmm.
  • Expect the Left and Big Media to scream "but there's not enough votes to change the outcome!"
  • But is there a preponderance of the evidence for a judge to grant discovery? Depositions of Secretary Benson and other election officials under oath? Production of manuals, emails, machine testing & certification records in the possession of election officials? Will chain of custody issues surface? 



UPDATE: The filings, exhibits are in PACER. Case 1:20-cv-01083