Wednesday, June 28, 2017
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Michigan Appeals Court Overturns Jill Stein’s Recount Efforts

Jill Stein has been working tirelessly (and pointlessly) to have entire state election results in Wisconsin, Pennsylvania, and Michigan. She lost the bid to have Pennsylvania recounted, and now she has lost in Michigan as well.

The Detroit Free Press reported that the Michigan Court of Appeals has declared Stein’s recount efforts to be unlawful because she has absolutely no chance of overturning the results, nor is she an “aggrieved candidate.” The Court held that the Board of State Canvassers never should have proceeded with the recount because of Stein’s position in the election.

The panel ordered the board to “reject the Nov. 30, 2016 petition of candidate Stein that precipitated the current recount process.”

The ruling came out almost simultaneously with a 2-1 order from the U.S. 6th Circuit Court of Appeals which upheld U.S. District Judge Mark Goldsmith’s Monday order that the recount must get under way at noon that day, which it did.

The combined effect of the two rulings appears to set up further court proceedings in front of Goldsmith and the Michigan Republican Party has already filed for another federal hearing.

“The Michigan Court of Appeals ruled in our favor, determining that the petition for recount filed by Dr. Jill Stein should have been denied,” said Ronna Romney McDaniel, chairwoman of the Michigan Republican Party. “Dr. Stein is not an aggrieved candidate as she has no chance of winning the election in Michigan.”

Attorney General Bill Schuette said: “I’m grateful, and I know Michigan taxpayers agree, that the Michigan Court of Appeals has adhered to the rule of law,” given that estimates of the cost of the recount are as high as $5 million — more than $4 million more than the fee Stein was required to pay.

There are two court orders going on here. The Court of Appeals for the Sixth Circuit held that a recount must take place, but the Michigan Court of Appeals held that Stein does not have standing. Given the facts, the State Court made the correct ruling, and not the federal appeals court.

Stein simply does not fit the criteria for someone who has a legitimate claim to a recount. In order for a candidate to qualify as aggrieved, that person “must be able to allege a good faith belief that but for mistake or fraud, she would have had a reasonable chance of winning.”

Jill Stein hardly meets this standard. Yet her attorneys still claim that the recounts must be done despite her lack of standing.

[Mark] Brewer, representing Stein, whose campaign requested the recount because of what they called the potential for hacking, error or fraud in Michigan’s voting apparatus, had the edge in light of Goldsmith’s Monday order that the recount start at noon that day and “continue until further order of this court.”

The Michigan Republican Party appealed [Federal District Judge] Goldsmith’s Monday ruling to the U.S. 6th Circuit Court of Appeals, where Schuette was also seeking to intervene against the recount. The 6th Circuit upheld Goldsmith’s ruling in an order issued late Tuesday, but also said Goldsmith should entertain motions if state courts determined the recount violated state law.

A State Court has, indeed, found that the recount efforts violated state law. But will she keep pushing it, in a hopeless effort to recount the votes that will simply make even more of us laugh at her? Will she continue to waste time, money, and electricity (that’s not very Green of her…) to keep up this game?

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