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Is Michigan’s Attorney General Poised to Handcuff Michigan’s Secretary of State?


by Elizabeth Dallam-Ayoub, MFE writer | August 3, 2023

Agenda for today's meeting below.


On August 2, Michigan AG Dana Nessel charged Matthew DePerno, her opponent for Attorney General during the 2022 election, with two counts of undue possession of a voting machine, one count of conspiracy for undue possession of a voting machine, and conspiracy for unauthorized access.


In her statement to the press, Nessel stated: "Lawyers who utilize their professional licenses to undermine our democracy and violate the law have no business practicing law in Michigan or any other state."


Despite AG Nessel's apparent ignorance that our nation is a republic and not a democracy, could she be dusting off her handcuffs in preparation for indicting Secretary of State Jocelyn Benson?


Armed with the power of her office as well as her deep concern to ensure election integrity, AG Nessel and her staff of 250 attorneys are most likely working overtime to uncover the following documented election law violations:


Allowing voters to register and vote after deadline

Bizarre as it sounds, MFE investigators reported in Ann Arbor compromises election integrity during 2022 Election that more than 120 people registered to vote on November 9—the day after the past election. Then they were allowed to cast unlawful absentee ballots, and these ballots were counted in the Nov. 8, 2022, election.



 


Mark your calendar. You are invited to join MFE Zoom at Noon today at 12 PM. Members only. Sorry, no press.



 

In addition, time-stamped, voter history records show that more than 600 individuals, mainly students at U-M satellite registration offices on campus, were registered to vote and cast counted absentee ballots after the 8 PM deadline on Election Day, November 8, 2022.


Voter History File showing a November 9 registration for the November 8 Election


The example above is but one example of more than 600 time-stamped voter history records showing registrants who were registered to vote after the November 8, 8:00 PM deadline. Of the 600, 120 voter records were time stamped after midnight on the morning of November 9, 2022.


Absentee versus in-person voting


Michigan Compiled Law 168.731(3) states, “a person may apply in person at the clerk's office before 8 PM on election day to vote as an absent voter.”


To be clear, the law does not allow the receipt of absentee ballots after the 8 PM deadline on Election Day. Neither does the law allow a person to register to vote after 8 PM on Election Day and have their ballot counted in the past election.


Whether through ignorance or malfeasance, Secretary of State Jocelyn Benson (D) issued unlawful guidance, tweeting, “Whether you’re at your precinct in line to vote or at your local clerk’s office in line to register and vote, as long as you are in line by 8p you can still register and vote.”


Contrary to the secretary’s mis-, mal- or disinformation, a person must be registered to vote before 8:00 PM in order to cast a ballot in the current election. No Michigan Compiled Law allows for an absentee ballot to be counted if received after 8:00 PM on Election Day, let alone for a person to register and vote after the close of the election. (Note: People in line to vote at a polling place at 8 PM may feed their in-person ballots into tabulators. They may not legally vote at clerk and satellite offices after 8 PM, however.)


Election Day on Nov. 8, 2022


In case the 250 staff attorneys at the AG’s office are working at a feverish pace to uncover these election law violations, they need only ask MFE for the evidence. Or perhaps they could look to the public records of SOS Benson. The attorney posted this information on the Secretary of State website:


At clerk offices on some university campuses, including Ann Arbor and East Lansing, lines formed for Election-Day registration and voting, and citizens who were in line at 8 p.m. were allowed to wait and register and vote. The United States Constitution gives every eligible citizen the right to register and vote. Fact Checks (michigan.gov)

Legal people call that an admission, the SOS admitting to breaking Michigan election law.


To quote AG Nessel, “Lawyers who utilize their professional licenses to undermine our democracy and violate the law have no business practicing law in Michigan or any other state.”


Two weeks ago, AG Nessel charged 16 Republican electors and named them“false electors.”

“My department has prosecuted numerous cases of election law violations throughout my tenure, and it would be malfeasance of the greatest magnitude if my department failed to act here [charging the 16 Republican electors]. . . “

After the announcement of the charges,, Secretary of State Jocelyn Benson wrote on Twitter: “accountability is critical to ensuring these attempts are not made again and my office stands ready to ensure that justice is served towards anyone seeking to undermine our democracy.”


Is Benson an anyone?


Shall Michigan residents hold their breath waiting for AG Nessel to handcuff SOS Benson?


Perhaps readers need only look to the AG’s website for answers: “The few issues [regarding the 2022 election] that did arise did not violate voting rights or election laws.” Fact Checks (michigan.gov)




Agenda

MFE Coalition Task Force Meeting

Michigan Fair Elections

12:00 PM to 1:00 PM, Aug. 3, 2023, via Zoom. Link:


After registering, you will receive a confirmation email containing information about joining the meeting.


Patrice Johnson, Chair, Mich. Fair Elections and Pure Integrity Michigan Elections:



Kerri Toloczko

--National working groups


Darlene Hennessy

--EIN National Working Group


Erick Kaardal

--Litigation Update


Janine Iyer

--Soles to the Rolls training plan and schedule


Margie Gillean

--County Captains and Soles to the Rolls


Tim Vetter

--News and developments with Check My Vote



New business


Next Task Force Coalition Meeting: Thurs., Aug. 10, 12:00 PM to 1:00 PM meeting. Recurring weekly link. Please download and import the following iCalendar (.ics) files to your calendar system: Please download and import the following iCalendar (.ics) files to your calendar system. Weekly: https://us02web.zoom.us/meeting/tZEucOqopz8sGdNYKcvyh8hDELFWbG9eNdwz/ics?icsToken=98tyKuGtrTwpGt2RthqARpwMA4_Cb_TxmCldjadzpTTmFTlbOgvSE85kBbBYSd3-


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