Michigan: Judge quashes Antrim County ‘fishing expedition’ subpoenas | Mardi Link/Traverse City Record-Eagle
A judge characterized subpoenas filed by a plaintiff’s attorney in an Antrim County lawsuit as a “fishing expedition,” as he ruled clerks in four Michigan counties do not need to provide election data as part of discovery in the case. “The plaintiff must have more than mere conjecture, more than speculation, to support its request to discover information from these other counties,” said 13th Circuit Court Chief Judge Kevin Elsenheimer, during a four-hour motion hearing Monday. The ruling is among the latest court action in an ongoing election-related lawsuit filed Nov. 23 by attorney Matthew DePerno, on behalf of a Central Lake Township man, Bill Bailey, who accuses the county of voter fraud and of violating his constitutional rights. “Without same, requiring non-parties to comply with requests like this would indeed be burdensome, would be tantamount to a fishing expedition,” Elsenheimer added, “and as I said, would be unnecessarily burdensome to the clerks.” In March DePerno subpoenaed clerks in eight Michigan counties — Barry, Charlevoix, Grand Traverse, Kent, Livingston, Macomb, Oakland and Wayne — seeking their poll tapes, ballots, logs, tally servers, election management servers, election media, spreadsheets and canvasser notes from the 2020 election. DePerno contended in court filings that Michigan was among four “battleground” states that had implemented an “algorithm used to regulate and shift votes in the 2020 elections” and that data from the eight counties would be used as a “control group” to discern fraud in Antrim County.
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