Michigan

Jill Stein could be on the hook for millions of dollars to cover the cost of a Michigan election recount if a Republican-sponsored bill is enacted into law. HB 6097 would require candidates more than 5 percent of the vote behind the winner to pay the entire actual cost of a statewide recount, and it would be retroactive to the beginning of 2016. It would only apply to statewide and federal offices. House Elections Committee Chair Lisa Lyons, R-Alto, introduced the bill last week and it passed out of that committee on Tuesday, Dec. 6. All five Republicans on the committee approved moving the bill forward. Democrats Jeff Irwin, D-Ann Arbor, and Jon Hoadley, D-Kalamazoo, voted against it and Democrat Gretchen Driskell, D-Saline, abstained. A recount of Michigan’s vote in the Nov. 8 presidential election began Monday. Stein, the Green Party’s presidential candidate, is paying a required fee of $973,250, but Michigan Secretary of State Ruth Johnson has said the actual cost could be $2 million or more.

Michigan: Courts Disagree Over Michigan Vote Recount | The New York Times

Dueling court rulings left the fate of a presidential vote recount in Michigan uncertain on Tuesday night, and elections officials in the state said they were “seeking clarity about the next steps.” A recount of last month’s election had already begun in parts of Michigan, one of three closely contested states where Jill Stein, the Green Party’s presidential nominee, had called for new counts, when the seemingly conflicting legal decisions emerged late Tuesday from state and federal courts in Michigan. Ms. Stein has cited concerns about computer hacking and the reliability of voting machines, setting off legal fights with lawyers for President-elect Donald J. Trump, his campaign and his allies, who view the recounts as a needless and expensive tactic. A panel of the Michigan Court of Appeals found that Ms. Stein, who finished a distant fourth to Mr. Trump in the election, had not met the state’s requirements for a recount because she had no chance of winning. The panel concluded that the Michigan Board of State Canvassers ought not to have permitted a recount to go forward because Ms. Stein, given the size of the vote for her, could not be deemed “aggrieved,” as required for a recount under state election law.

Michigan: Dueling court orders issued in Jill Stein Michigan recount | Politico

A Michigan court and a federal court of appeals on Tuesday issued dueling orders on Green Party presidential candidate Jill Stein’s recount push in the state. The dueling ruling resulted in Michigan Attorney General Bill Schuette taking the recount case back to U.S. District Court Judge Mark Goldsmith, who on Monday issued an order that started the recount on that day at noon. On Tuesday evening the Michigan Court of Appeals directed the state’s Board of Canvassers to deny a recount petition by Stein. Meanwhile, in an order issued Tuesday evening, the 6th Circuit panel split, 2-1, along partisan lines in declining to temporarily lift the order that required the recount to begin by noon Monday in order to meet a target next week for states to name Electoral College electors. The Michigan Republican Party and Michigan Attorney General Bill Schuette had both asked the appeals court to step in.

Michigan: Despite dueling court rulings, Michigan recount keeps going | Detroit Free Press

A federal appeals court upheld the Michigan recount that’s been under way since Monday in an opinion issued late Tuesday, just moments before a state appeals court issued an opinion saying the recount should never have been allowed to begin. The dueling appellate opinions set up further proceedings before U.S. District Judge Mark Goldsmith, who ordered the recount to begin Monday, two days before state officials had scheduled it to start. In a 2-1 opinion, the U.S. 6th Circuit Court of Appeals said Goldsmith “did not abuse (his) discretion” in ruling that the start of the recount should be accelerated to Monday, from a planned start date of Wednesday. Though that’s a blow to the Michigan Republican Party, which sought to stop the recount, the ruling also contained hope for state Republicans, because it was limited to Goldsmith’s action in doing away with a planned two business-day delay in starting the recount in Michigan. It didn’t address whether the recount itself was lawful.

Michigan: List of problem precincts continues to grow during Michigan recount | Detroit Free Press

The recount of the Michigan’s 2016 presidential election expanded across the state Tuesday and continued to uncover problems that made dozens of precincts ineligible for recount under state law. At issue are discrepancies between the number of voters who cast ballots and the number of ballots found in the ballot box on election night. In Wayne County, officials must decide what to do with 610 precincts, including 392 in Detroit, where the numbers don’t match. Oakland County has concluded that at least 17 precincts can’t be recounted and in Macomb, at least seven are ineligible. What that means is the election night returns will stand (for those precincts),” Chis Thomas, director of elections for the state of Michigan.

Michigan: Most states would recount Michigan’s mismatched ballots despite flaws | Detroit Free Press

Michigan’s recount law is more restrictive than most states, which would typically recount precincts with minor discrepancies if they appeared to be caused by poll worker error, experts said today. Michigan’s law, which dates to 1954, excludes from recount precincts where “the number of ballots to be recounted and the number of ballots issued on election day as shown on the poll list or the computer printout do not match and the difference is not explained to the satisfaction of the board of canvassers.” In those cases, the vote total approved by the November canvass stands. In Oakland County, which is slightly ahead of the other counties because it began its recount Monday, officials said at least 17 precincts can’t be recounted because of a discrepancy in the numbers. In Macomb, where the recount got underway Tuesday, there were at least seven. In some cases, the discrepancy was only one ballot. In other cases, it was as high as 11.

Michigan: Broken machines could throw Michigan recount into chaos | The Guardian

December 6, 2016

Broken polling machines may have put vote counts in question in more than half of Detroit’s precincts and nearly one-third of surrounding Wayne County, possibly throwing the Michigan recount into chaos. If the discrepancies can’t be solved by recounting every paper ballot in question by hand, a recount in those precincts simply won’t happen. Donald Trump’s slim margin over Hillary Clinton means any chance that the state might flip on a recount likely hinges on Wayne County, where she won by a landslide. Clinton lost by 10,704 votes in Michigan; Wayne’s population of 1,759,335 makes it the likeliest candidate to contain errors bigger than that margin. Eighty-seven of Wayne County’s decade-old voting machines broke on election day, according to Detroit’s elections director, Daniel Baxter. He told the Detroit News, which first reported the story, that ballot scanners often jammed when polling place workers were trying to operate them. Every time a jammed ballot was removed and reinserted, he suspects the machine may have re-counted it.

Michigan: Half of Detroit votes may be ineligible for recount | The Detroit News

December 6, 2016

One-third of precincts in Wayne County could be disqualified from an unprecedented statewide recount of presidential election results because of problems with ballots. Michigan’s largest county voted overwhelmingly for Democratic candidate Hillary Clinton, but officials couldn’t reconcile vote totals for 610 of 1,680 precincts during a countywide canvass of vote results late last month. Most of those are in heavily Democratic Detroit, where the number of ballots in precinct poll books did not match those of voting machine printout reports in 59 percent of precincts, 392 of 662. According to state law, precincts whose poll books don’t match with ballots can’t be recounted. If that happens, original election results stand. “It’s not good,” conceded Daniel Baxter, elections director for the city of Detroit.

Michigan: GOP files federal appeal but Michigan presidential recount continues | Detroit Free Press

December 6, 2016

As the largest election recount in state history got under way across Michigan this afternoon, the state Republican Party sought to stop the counting by appealing a ruling issued earlier today by a Detroit federal judge. U.S. District Judge Mark Goldsmith got the recount started after a rare Sunday court hearing, granting Green Party candidate Jill Stein’s request for the hand recounting of about 4.8 million ballots starting today , instead of waiting until Wednesday as called for under Michigan law. The Michigan Republican Party, through its attorney Gary Gordon of Lansing, filed notice this afternoon it plans to file an appeal of Goldsmith’s ruling with the U.S. 6th Circuit Court of Appeals in Cincinnati. Despite the appeal notice, the recount continues unless Goldsmith’s order is stayed or overturned.

Michigan: Judge orders immediate start of Michigan recount | Detroit Free Press

December 5, 2016

A federal judge early Monday morning ordered a recount of Michigan’s presidential ballots to begin at noon on Monday, and for the state to “assemble necessary staff to work sufficient hours” to complete the recount by a Dec. 13 federal deadline. Lawyers for Green Party candidate Jill Stein urged the action in an emergency request, and U.S. District Judge Mark Goldsmith held a rare Sunday hearing in federal court. It lasted three hours, and Goldsmith issued a written opinion just after midnight on Monday morning. Goldsmith said a state law requiring a two business day waiting period to start the recount likely violates voting rights. Stein has shown “a credible threat that the recount, if delayed, would not be completed” by Dec. 13 — the federal “safe harbor” deadline to guarantee Michigan’s electoral votes are counted when the electoral college meets on Dec. 19.

Michigan: Deadlock: Board vote means Michigan presidential recount may proceed | Detroit Free Press

December 5, 2016

Michigan’s Board of State Canvassers deadlocked 2-2 Friday, on President-elect Donald Trump’s objection to Green Party candidate Jill Stein’s request for a recount of all presidential ballots cast in Michigan, meaning a hand recount of Michigan’s presidential ballots could begin late Tuesday or likely early Wednesday. Still, a lawsuit filed Friday by Michigan Attorney General Bill Schuette places any recount in doubt. Schuette asked the Michigan Supreme Court, which has a 5-2 majority of Republican nominees, to block the recount as a costly and pointless exercise. Trump also filed a lawsuit late Friday against the Board of State Canvassers, asking the Michigan Court of Appeals for an injunction to block the recount. Despite what would be a delayed start, Elections Director Chris Thomas said he still hopes all 4.8 million ballots can be recounted. He said he doubts the Dec. 13 deadline that has been frequently cited is a “real deadline,” and said Michigan may have until Dec. 17 — two days before the electoral college is set to meet — to complete its recount, though he said he is still researching that legal question.

Michigan: Court hearing set for Sunday in Michigan presidential ballot recount | Detroit Free Press

A hearing is expected in U.S. District Court in Detroit Sunday to decide when a recount of Michigan presidential election ballots can begin. Green Party candidate Jill Stein filed suit against state election officials in federal court in Detroit late Friday in the latest in a raft of lawsuits over her request for a recount of Michigan’s presidential election vote. Barring a court injunction, the hand recount of about 4.8 million Michigan ballots is likely to begin Wednesday, though it is possible it could get under way late on Tuesday, state Director of Elections Chris Thomas said Friday. Thomas made that determination after the Board of State Canvassers deadlocked, 2-2, on president-elect Donald Trump’s objections to Stein’s request for a recount — meaning the recount proceeds. Thomas said that under state election law, officials must wait two business days after ruling on Trump’s protest, before starting the recount. But in a lawsuit filed in U.S. District Court in Detroit, Stein says that delay is unreasonable and violates equal protection and due process rights guaranteed under the Constitution, “effectively denying the right to vote” if the recount is not completed in time to meet federal deadlines. The court announced late Saturday night that it would hear the case in a rare Sunday hearing. The 10:30 a.m.case is assigned to U.S. District Judge Mark Goldsmith.

Michigan: Federal judge skeptical about ordering immediate recount | Detroit Free Press

A federal judge was asking skeptical questions Sunday about Green Party candidate Jill Stein’s request to order the immediate start of a presidential recount in Michigan. U.S. District Judge Mark Goldsmith asked Stein attorney Mark Brewer to explain what the harm is in waiting until Wednesday, as planned, especially after Brewer conceded that the recount could still likely be completed by Dec. 13 if started Wednesday, though it would take more money and resources. To get a court order, Stein must show she will suffer “irreparable harm” if the recount doesn’t start immediately. Lawyers for the Michigan Republican Party argued that there can be no irreparable harm, if the recount can still get done with a Wednesday start. “I think the hearing should be over, based on that admission,” attorney Gary Gordon of Lansing, who has represented Trump and the Michigan Republican Party, told the judge about Brewer’s statement.

Michigan: Trump files objection to Jill Stein-led election recount in Michigan | The Guardian

Donald Trump asked the state of Michigan on Thursday to reject Jill Stein’s request for a recount of the presidential election. Attorneys for the US president-elect argued in a filing to Michigan election officials that Stein was not entitled to the recount and that it could not be completed in time before the state must cast its electoral college votes. “Michigan should not grant this lawless, insulting request, and its voters should not risk having the Electoral College door knocked off its hinges, all because a one-percent candidate is dissatisfied with the election’s outcome,” Trump’s filing said. Trump accused Stein of creating an “electoral farce” and claimed that she “aims to sow doubts regarding the legitimacy of the presidential election”. Stein, who has also filed for recounts in Pennsylvania and Wisconsin, described Trump’s move as an “attempt to undermine democracy” and assured supporters that the recount would go ahead.

Michigan: Trump campaign cites timing, cost, outcome in recount objection | Detroit Free Press

Saying that Michigan should not grant “this lawless, insulting request,” the campaign of President-elect Donald Trump filed an objection Thursday afternoon to a request to recount nearly 4.8 million votes cast for President in Michigan. Michigan’s “voters should not risk having the Electoral College door knocked off its hinges all because a 1% candidate is dissatisfied with the election’s outcome,” the objection stated. “Given her tiny vote total, (Green Party presidential candidate Jill) Stein does not and could not possibly allege a good faith belief that she may have won the state of Michigan.” The objection will put a hold on any recount of votes until the state Board of Canvassers can rule on the objection at a meeting scheduled for 9:30 a.m. Friday. Once that ruling is made, Chris Thomas, director of the state Department of Elections, said the recount can’t start for two business days, which could mean a recount won’t start until next week. The recount had been scheduled to begin on Friday in Oakland and Ingham counties and continue throughout the weekend in the state’s largest 19 counties. All the weekend work has been postponed until the objection is resolved. State elections officials said it hoped to finish a recount by Dec. 10, but the legal filing puts that schedule in jeopardy.

Michigan: Strict voter ID bills lined up for possible passage | The Detroit News

Top Republican leaders in the Michigan Legislature are backing a strict voter identification proposal, setting the stage for potential passage in the session’s final two weeks. The House Elections Committee on Thursday advanced a three-bill package that would require voters to provide photo identification at their polling place or within 10 days of casting a provisional ballot on Election Day. “It solves the opportunity for voter fraud,” said House Speaker Kevin Cotter, R-Mt. Pleasant, who intends to put the plan up for a floor vote. “Voter fraud is something that’s very difficult to be able to identify, but that doesn’t mean that we shouldn’t protect the right to vote.” The proposal includes provisions allowing low-income voters to obtain a free birth certificate copy for the purposes of obtaining an ID, which is “great,” said Rep. Jon Hoadley, D-Kalamazoo. “But the problem with all this is, it’s used to restrict the vote, that’s what the purpose of this is,” he said. “It’s about making sure (we) can keep certain people from the polls, folks who can’t otherwise obtain get IDs.”

Michigan: Bill aims to put recount costs on Stein campaign | WOOD

A Grand Rapids lawmaker has introduced legislation that would force leaders of the Michigan presidential recount effort and those requesting future statewide recounts to pick up the entire tab. State Rep. Lisa Pothumus Lyons, R-Alto, introduced the bill Thursday, which includes a retroactive date of Jan. 1, 2016. “The number grows every single day. It started out as $100,000 to $2 million. Now I’m gearing $4 million to $5 million,” said Lyons, referring to the estimated cost of the proposed recount. Green Party candidate Jill Stein’s campaign has picked up the first $900,000 and then some, but taxpayers may have to foot the rest of the bill. Republicans are asking, for what? “The candidate who is asking for the recount acknowledges that the outcome will not change, especially for her,” said Lyons.

Michigan: Jill Stein Files Petition for Hand Recount of Michigan Ballots | Wall Street Journal

Green Party candidate Jill Stein on Wednesday filed a petition for a full hand recount of presidential votes in Michigan, the last state to officially certify its election results this week. The state on Monday certified that President-elect Donald Trump had officially won by slightly more than 10,000 votes, a 0.22% margin. Ms. Stein, who has also successfully called for a recount in Wisconsin and has filed a lawsuit seeking one in Pennsylvania, alleges that machines used to count the votes in these states could have been hacked or tampered with. Barring a court challenge by Mr. Trump, the recount in Michigan is expected to start Friday. At a press conference, Ms. Stein’s campaign said it had paid $970, 000 at the time that the petition was filed. Her recount efforts have raised over $6.6 million, and Ms. Stein has said her campaign will shoulder the cost of the process. Michigan Secretary of State Ruth Johnson said in a statement Wednesday that there is “no evidence of hacking or fraud, or even a credible allegation of any tampering.” She added that Michigan taxpayers could be paying up $4 million, in addition to the $1 million that Ms. Stein will have to foot.

Michigan: Jill Stein’s Michigan recount efforts | CBS

Green Party candidate Jill Stein formally filed for a recount in Michigan Wednesday, the third state on her list. “After a presidential election tarnished by the use of outdated and unreliable machines and accusations of irregularities, people of all political persuasions are asking if our election results are reliable,” Stein said Wednesday. “We must recount the votes so we can build trust in our election system. We need to verify the vote in this and every election so that Americans can be sure we have a fair, secure and accurate voting system.” Michigan Secretary of State Ruth Johnson said in a statement Wednesday that it is “unusual” for a candidate that received such a small share of the vote — Stein got just 1 percent in Michigan — to request a recount, “especially when there is no evidence of hacking or fraud, or even a credible allegation of any tampering.”

Michigan: GOP warns recount puts Michigan’s electors at risk | The Detroit News

Michigan Republican Party leaders warned Tuesday a massive and costly statewide recount of the presidential election could drag on for weeks and cost the state its final say in who occupies the White House next year. Green Party candidate Jill Stein’s recount request, expected to be filed Wednesday afternoon, will trigger a hurried sprint to meet a Dec. 13 federal deadline for Michigan to declare a final winner in the presidential contest, GOP officials said. “If we don’t have this process over by Dec. 13, we certainly jeopardize Michigan’s electors and risk disenfranchising all of Michigan’s voters from the election,” said Eric Doster, general counsel for the Michigan Republican Party. State election officials say their reading of 19th century federal law shows the state has to finalize the election results six days before the Dec. 19 meeting of the Electoral College, when each state’s electors cast the final vote for president. Michigan gets 16 electors who are supposed to cast their votes in the state Senate’s chamber.

Michigan: Lame duck bills would change Michigan’s voter ID requirements | MLive