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And costs incurred by counties over the $125 per precinct will be the responsibility of the counties. State Rep. Lisa Lyons, R-Alto, has introduced a bill that would require candidates who request a recount and who have received less than 5% of the vote to pay the entire bill for the recount. The bill has language to make it retroactive so that Stein would have to pick up the entire cost of the recount.
The Michigan Court of Appeals on Tuesday will hold a hearing for lawsuits brought by Attorney General Bill Schuette and President-elect Donald Trump seeking to stop a statewide vote recount, according to court filings.
The Michigan Republican Party said Monday that it has appealing to the 6th U.S. Circuit Court of Appeals a federal judge's decision ordering state election officials to begin recounting 4.8 million ballots cast in the 2016 presidential election.
The appeal will focus on arguments for abstention of the federal court, as well as laches, arguing that Jill Stein waited until the last possible moment to file a petition for recount, and thus, cannot ask the court to enjoin.
Turns out, Michigan has an unusual state law that disallows the recount of a given ballot bag's contents if there are any of several irregularities -- including whether the bag's seal affixed on election night is broken, or if the numerical count of ballots shown on the bag fails to match the figure listed in an election-night ledger called a poll book, the state official Williams explained to Lutz.
The incidence of such problems is generally low and the long-standing law is in place as a "cautionary measure" that prevents would-be maldoers from stuffing ballot bags on election night, she said.
According to state law, precincts whose poll books don’t match with ballots can’t be recounted. If that happens, original election results stand.
In Oakland County alone, it's at least 17.
“If it doesn’t match, and there’s no explanation why it doesn’t match, then that precinct would not be counted," Joe Rozell, director of elections, told the Free Press today. "The election night results – the certified results – would stand. That just means that we can’t recount those ballots. They are resealed in the container.
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.
In affirming the judge's order, the 6th Circuit said: "If subsequently, the Michigan courts determine the ... recount is improper under Michigan state law for any reason, we expect the district court to entertain any properly filed motions to dissolve or modify this order in this case."
Minutes after the 6th Circuit issued that opinion, the Michigan Court of Appeals released a 3-0 opinion, following a hearing Tuesday afternoon, saying the state Board of Canvassers never should have allowed the recount to proceed because Green Party candidate Jill Stein -- who received just over 1% of the vote -- did not qualify as an "aggrieved candidate" under state law.
The Michigan Republican Party will be filing a motion tonight with Judge Goldsmith to dissolve his order, said Sarah Anderson, spokeswoman for the party.
“Our understanding is that 6th circuit upheld Judge Goldsmith’s ruling, but also said that ... if Michigan courts determine that the recount is improper that he should entertain a properly filed motion to dissolve the order,” she said. “We’ll be making that motion and expect that recount will be stopped.”
The 6th Circuit panel said it did "not decide that there is a freestanding constitutional right to a recount or that plaintiffs validly invoked a recount under Michigan law, or that plaintiffs should necessarily prevail on the merits of this suit.
The panel said it only found that Stein and a Michigan voter would have suffered "irreparable harm" if the recount was not started quickly enough to get it completed before a Dec. 13 fedearl deadline.
The appeals court says it's not deciding the merits of the recount, only the timing and how it relates to voting rights under the U.S. Constitution. Separately, the recount is being opposed by the Trump campaign in Michigan state court.
originally posted by: JinMI
a reply to: DontTreadOnMe
So the biggest "for Clinton" counties are the ones where the votes will not be getting counted.
This is getting so very weird.