By Patrick Colbeck

By now, many of you have heard the “threat heard round the world” courtesy of MI Secretary of State Jocelyn Benson directed at canvassers throughout Michigan…(0:30 second mark)

What you may not have seen yet is the threat against canvassers issued by the MI Attorney General Dana Nessel weeks earlier….

Why does the executive branch of Michigan’s state government feel compelled to threaten canvassers?

The threats against canvassers stems from the events of November 17, 2020 during a meeting of Wayne County Canvassers in Detroit, MI. At the meeting, Republican canvassers for Wayne County, Monica Palmer and Bill Hartman, refused to certify the 2020 election results for Wayne County. In support of their decision, they cited numerous unexplained discrepancies including the fact that 71% of Detroit’s AV Counting Boards were not “balanced” (i.e. number of ballots cast did not equal the number of voters).

The path to this no vote on certification was not without considerable drama. Both Palmer and Hartman voted no on an initial motion to certify the election results which I witnessed in person at the meeting. Subsequent to the vote, vile public commentary was directed at both Palmer and Hartman from Democrats upset with their decision including Representative-Elect Abrahim Aiyash. After listening to this series of tirades, Palmer and Hartman met with Democrat canvassers to see if a compromise solution could be reached.

During their discussions, they agreed upon a conditional yes vote on certification. The condition was that a full audit of suspect precincts would be conducted. Afterwards, another motion was made to certify the vote. This time, the two Republicans voted yes on the condition that an audit would be conducted not realizing that their no vote would have yielded the same result under Michigan law because the legal counsel provided to them as canvassers did not advise them of this fact.

Under Roberts Rules of Order, however, any attempt to overturn a previous vote must be accompanied by a motion to reconsider the previous vote. No such motion was made as reflected in the meeting minutes therefore the initial vote is the vote of record. Furthermore, shortly after the canvasser meeting, MI Secretary of State Benson issued a statement indicating that she had no intentions of satisfying the conditions cited in the second motion. Upon hearing this news, both Palmer and Hartman released notarized statements reasserting their initial no votes on certification.

In addition to their affidavits affirming their no votes, the official certification paperwork for Wayne County clearly reveals that neither Palmer nor Hartman signed the official certification paperwork.

Under MCL 168.24e, no action of the board of canvassers goes into effect without at least one Republican signatures.

MCL 168.822(4) provides even clearer guidance on the topic of certification. Certification requires a “signed, written statement”.

Neither Palmer nor Hartman issued any “signed, written statement” affirming the certification of the 2020 election results. As indicated in their notarized statements after the contentious November 17 meeting, they did submit “signed, written statements” asserting their No vote on certification.

What happens according to the law if canvassers fail to certify an election?

The threats issued by MI SoS Benson and MI AG Nessel openly declare that canvassers who fail to certify election results are violating the law. That’s not true. According to current state law (MCL 168.822), failure to certify election results triggers the transfer of election records to the state board of canvassers for investigation.

Under pending modifications to MCL 168.822 due to recent legislation, county canvassers would be obligated to certify an election within 10 days if the presidential election is a close race.

These provisions are not in effect until AFTER the 2024 election.

Isn’t threatening an election official itself against the law?

Yes. Under a new provision of Michigan election law pushed ironically by Democrats, it is illegal to intimidate an election official.

So, the chief election official in Michigan and the chief law enforcement officer in the State of Michigan are each culpable for 336 counts (4 canvassers per county, 83 counties, 4 state canvassers) of intimidating election officials as a result of their threats.

It remains to be seen if they will be held accountable for their actions.

Conclusion

Canvassers in Michigan should send a clear message to both Benson and Nessel that they refuse to be intimidated. The law is very clear. They are under no obligation to certify fraudulent election results nor should they do so.