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Thread: MI judge rules MI Sec. of State broke election law on issuing absentee ballot rules

  1. #1

    Exclamation MI judge rules MI Sec. of State broke election law on issuing absentee ballot rules

    MI Court: Michigan Secretary of State’s Absentee Ballot Order Broke Law, Vindicating Trump Claim

    https://www.breitbart.com/2020-elect...g-trump-claim/

    Kyle Olson 16 Mar 2021

    A Michigan judge ruled last week Secretary of State Jocelyn Benson (D) broke state law when she unilaterally issued rules related to absentee balloting, legitimizing a key claim made by the Trump campaign in its legal challenges to the 2020 election.

    Benson issued several unilateral orders during the 2020 election including sending absentee ballot applications to all registered voters. She also issued “guidance” on how to evaluate absentee ballots, a move Michigan Court of Claims Chief Judge Christopher Murray held violated the state’s Administrative Procedures Act.

    Genetski v. Benson, No. 20-216-MM in the Court of Claims for the State of Michigan by Breitbart News on Scribd

    In the guidance, Benson said “slight similarities” in signatures on absentee ballots should lead a counter to decide “in favor of finding that the voter’s signature was valid.”

    Murray ruled Benson violated the law “because the guidance issued by the Secretary of State on October 6, 2020, with respect to signature matching standards was issued in violation of the Administrative Procedures Act (APA).”

    “I’m glad the court sees Secretary of State Benson’s attempts at lawmaking for what they are — clear violations of her authority,” Michigan state Rep. Matt Hall (R) said in a statement.

    “If she wants to make changes like these, she needs to work with the Legislature or properly promulgate them through the laws we have on the books — in this case the Administrative Procedures Act,” he continued.

    Murray’s ruling came after Allegan County Clerk Bob Genetski sued Benson and state Director of Elections Jonathan Brater over Benson’s order which Hall described as a “mandatory directive requiring local election officials to apply a presumption of validity to all signatures on absent voter ballots.”

    According to the suit, Genetski argued “the presumption contained in the guidance issued by defendant Benson will allow invalid votes to be counted,” but Genetski did not allege “that this guidance caused him to accept a signature that he believed was invalid.”

    The court’s opinion concluded:

    …nowhere in this state’s election law has the Legislature indicated that signatures are to be presumed valid, nor did the Legislature require that signatures are to be accepted so long as there are any redeeming qualities in the application or return envelope as compared with the signature on file. Policy determinations like the one at issue — which places the thumb on the scale in favor of a signature’s validity — should be made pursuant to properly promulgated rules under the APA or by the Legislature.

    Like other progressive secretaries of state, Benson put an aggressive emphasis on voting by absentee ballot in the name of safety amid the Chinese coronavirus pandemic.

    Over 3.1 million Michigan voters cast an absentee ballot out of a possible 7.7 million voters, WWMT News reported.

    In May 2020, Benson used $4.5 million in funds from the CARES Act — the original coronavirus stimulus — to send absentee ballot applications to all voters, according to Breitbart News.

    “By mailing applications, we have ensured that no Michigander has to choose between their health and their right to vote,” Benson said according to NBC 25.

    “Voting by mail is easy, convenient, safe, and secure, and every voter in Michigan has the right to do it,” she continued.

    Hall noted, “The Legislature is an equal branch of government charged with crafting laws. This is not the role of the Secretary of State, and there is a clear process that must be respected.”

    Signature validation rules created without the approval of a legislature was one of the issues the Trump campaign and Republicans claimed was done illegally in the 2020 election.

    Trump’s campaign and Republicans argued in cases nationwide that Article II of the Constitution requires state legislatures to make the rules governing presidential elections, and state election officials and courts lack the authority to change those rules.

    Murray’s ruling undercuts the Democrat narrative that Republican legal challenges to 2020 election procedures were without merit and had therefore all been rejected by the courts. The original suit was filed October 6, 2020 — prior to the presidential election — but was not decided until March 9, 2021.

    The case is Genetski v. Benson, No. 20-216-MM in the Court of Claims for the State of Michigan.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan



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  3. #2
    State AG's breaking election law? I'm shocked by this revelation.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

  4. #3
    So, the MI Sec. of State issued "guidance" on verifying absentee ballots that went beyond her authority and was, in fact, illegal and weighted to count as many Biden votes as possible, and, I'd have to assume, discard as many Trump votes as possible.

    But we'll never know how many of those votes may have been counted as valid under these illegal guidelines, and thus possibly change the election outcome, because, well...good $#@!ing question actually.

    Why won't we know that Capt. Ron?
    Last edited by Anti Federalist; 03-17-2021 at 05:40 PM.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan

  5. #4
    Simple. Require a notary to to bear witness that an individual is who they say they are for absentee or mail-in ballots. Even in the midst of Covid my mother had many forms notarized by the bank at the window of her car. It is a banking service at her bank and there were no charges.

  6. #5
    Quote Originally Posted by phill4paul View Post
    Simple. Require a notary to to bear witness that an individual is who they say they are for absentee or mail-in ballots. Even in the midst of Covid my mother had many forms notarized by the bank at the window of her car. It is a banking service at her bank and there were no charges.
    Or delegate your vote to a family member. Women wouldn't even need to vote anymore. Husbands would just vote for them.
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
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    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  7. #6
    Quote Originally Posted by Anti Federalist View Post
    MI Court: Michigan Secretary of State’s Absentee Ballot Order Broke Law, Vindicating Trump Claim

    https://www.breitbart.com/2020-elect...g-trump-claim/

    Kyle Olson 16 Mar 2021

    A Michigan judge ruled last week Secretary of State Jocelyn Benson (D) broke state law when she unilaterally issued rules related to absentee balloting, legitimizing a key claim made by the Trump campaign in its legal challenges to the 2020 election.

    Benson issued several unilateral orders during the 2020 election including sending absentee ballot applications to all registered voters. She also issued “guidance” on how to evaluate absentee ballots, a move Michigan Court of Claims Chief Judge Christopher Murray held violated the state’s Administrative Procedures Act.

    Genetski v. Benson, No. 20-216-MM in the Court of Claims for the State of Michigan by Breitbart News on Scribd

    In the guidance, Benson said “slight similarities” in signatures on absentee ballots should lead a counter to decide “in favor of finding that the voter’s signature was valid.”

    Murray ruled Benson violated the law “because the guidance issued by the Secretary of State on October 6, 2020, with respect to signature matching standards was issued in violation of the Administrative Procedures Act (APA).”

    “I’m glad the court sees Secretary of State Benson’s attempts at lawmaking for what they are — clear violations of her authority,” Michigan state Rep. Matt Hall (R) said in a statement.

    “If she wants to make changes like these, she needs to work with the Legislature or properly promulgate them through the laws we have on the books — in this case the Administrative Procedures Act,” he continued.

    Murray’s ruling came after Allegan County Clerk Bob Genetski sued Benson and state Director of Elections Jonathan Brater over Benson’s order which Hall described as a “mandatory directive requiring local election officials to apply a presumption of validity to all signatures on absent voter ballots.”

    According to the suit, Genetski argued “the presumption contained in the guidance issued by defendant Benson will allow invalid votes to be counted,” but Genetski did not allege “that this guidance caused him to accept a signature that he believed was invalid.”

    The court’s opinion concluded:

    …nowhere in this state’s election law has the Legislature indicated that signatures are to be presumed valid, nor did the Legislature require that signatures are to be accepted so long as there are any redeeming qualities in the application or return envelope as compared with the signature on file. Policy determinations like the one at issue — which places the thumb on the scale in favor of a signature’s validity — should be made pursuant to properly promulgated rules under the APA or by the Legislature.

    Like other progressive secretaries of state, Benson put an aggressive emphasis on voting by absentee ballot in the name of safety amid the Chinese coronavirus pandemic.

    Over 3.1 million Michigan voters cast an absentee ballot out of a possible 7.7 million voters, WWMT News reported.

    In May 2020, Benson used $4.5 million in funds from the CARES Act — the original coronavirus stimulus — to send absentee ballot applications to all voters, according to Breitbart News.

    “By mailing applications, we have ensured that no Michigander has to choose between their health and their right to vote,” Benson said according to NBC 25.

    “Voting by mail is easy, convenient, safe, and secure, and every voter in Michigan has the right to do it,” she continued.

    Hall noted, “The Legislature is an equal branch of government charged with crafting laws. This is not the role of the Secretary of State, and there is a clear process that must be respected.”

    Signature validation rules created without the approval of a legislature was one of the issues the Trump campaign and Republicans claimed was done illegally in the 2020 election.

    Trump’s campaign and Republicans argued in cases nationwide that Article II of the Constitution requires state legislatures to make the rules governing presidential elections, and state election officials and courts lack the authority to change those rules.

    Murray’s ruling undercuts the Democrat narrative that Republican legal challenges to 2020 election procedures were without merit and had therefore all been rejected by the courts. The original suit was filed October 6, 2020 — prior to the presidential election — but was not decided until March 9, 2021.

    The case is Genetski v. Benson, No. 20-216-MM in the Court of Claims for the State of Michigan.
    Finally , they are moving the right way
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  8. #7
    Quote Originally Posted by Anti Federalist View Post
    So, the State's Attorney General issued "guidance" on verifying absentee ballots that went beyond her authority and was, in fact, illegal and weighted to count as many Biden votes as possible, and, I'd have to assume, discard as many Trump votes as possible.
    That must be some interesting guidance if it can detect who the person is voting for just by the signature.
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  9. #8
    Quote Originally Posted by TheCount View Post
    That must be some interesting guidance if it can detect who the person is voting for just by the signature.
    Yeah, that was what I was thinking as well...how'd they know all those voters were voting for Biden.

    They didn't, until "guidance".
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan



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  11. #9
    Quote Originally Posted by TheCount View Post
    That must be some interesting guidance if it can detect who the person is voting for just by the signature.
    LOL , pretty easy to know absentee ballots that dont match signatures in detroit and michigan are not for the GOP .
    Do something Danke

  12. #10
    Quote Originally Posted by Anti Federalist View Post
    So, the State's Attorney General issued "guidance" on verifying absentee ballots that went beyond her authority and was, in fact, illegal and weighted to count as many Biden votes as possible, and, I'd have to assume, discard as many Trump votes as possible.

    But we'll never know how many of those votes may have been counted as valid under these illegal guidelines, and thus possibly change the election outcome, because, well...good $#@!ing question actually.

    Why won't we know that Capt. Ron?
    There was no fraud, Biden won the election, you are a conspiracy theorist and/or a liar.

    Move along, nothing to see here.
    It's all about taking action and not being lazy. So you do the work, whether it's fitness or whatever. It's about getting up, motivating yourself and just doing it.
    - Kim Kardashian

    Donald Trump / Crenshaw 2024!!!!

    My pronouns are he/him/his

  13. #11
    Judge Declares Michigan Absentee Ballot Guidance ILLEGAL - Viva Frei Vlawg
    A very interesting judgement coming out of Michigan. The guidance given by Secretary of State on absentee ballots declared illegal. Plaintiff did not allege it would have changed anything, but the judgment is in.
    https://www.youtube.com/watch?v=FlwKeBWjdMM
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  14. #12
    Quote Originally Posted by Anti Federalist View Post
    ...
    The original suit was filed October 6, 2020 — prior to the presidential election — but was not decided until March 9, 2021.
    ...
    How convenient.
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  15. #13
    Quote Originally Posted by Brian4Liberty View Post
    How convenient.
    Of course it is.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan

  16. #14
    I'm guessing the AG won't indict himself?

  17. #15
    Quote Originally Posted by oyarde View Post
    LOL , pretty easy to know absentee ballots that dont match signatures in detroit and michigan are not for the GOP .
    Quit harshing The Counts gig, oyarde. He's got a misdirection quotient he's got to meet.

  18. #16
    Quote Originally Posted by phill4paul View Post
    I'm guessing the AG won't indict himself?
    Secretary of State.

    I typoed...and he's a broad.

    A Michigan judge ruled last week Secretary of State Jocelyn Benson (D) broke state law when she unilaterally issued rules related to absentee balloting, legitimizing a key claim made by the Trump campaign in its legal challenges to the 2020 election.

    I have reported myself.
    Last edited by Anti Federalist; 03-17-2021 at 05:42 PM.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan



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  20. #17
    Quote Originally Posted by Anti Federalist View Post
    Secretary of State.

    I typoed...and he's a broad.

    A Michigan judge ruled last week Secretary of State Jocelyn Benson (D) broke state law when she unilaterally issued rules related to absentee balloting, legitimizing a key claim made by the Trump campaign in its legal challenges to the 2020 election.
    I should have used 'they/them' to avoid confusion. So the question remains...will the AG be indicting?

  21. #18
    Quote Originally Posted by phill4paul View Post
    I should have used 'they/them' to avoid confusion. So the question remains...will the AG be indicting?
    Will anybody?

    I doubt it.

    They break the law right in front of us, laugh in our faces and tell us to $#@! off, while they skate away.

    And we, meaning the Amerikunt people, as usual, do nothing.

    You know where I stand on that.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan

  22. #19
    Quote Originally Posted by phill4paul View Post
    I should have used 'they/them' to avoid confusion. So the question remains...will the AG be indicting?
    The AG, the Secretary of State and Governor might as well be the same person. The three witches of Lansing couldn't be more in the bag for their cause.

  23. #20
    Quote Originally Posted by Anti Federalist View Post
    Will anybody?

    I doubt it.

    They break the law right in front of us, laugh in our faces and tell us to $#@! off, while they skate away.

    And we, meaning the Amerikunt people, as usual, do nothing.

    You know where I stand on that.
    Full well. As you, I.



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