The process of certification in Michigan has gone forward, but in doing so, did they act beyond their right and role?
There are two sides to this story.
On one side is the part the corrupt Democrat Press will gladly announce while crowing that this somehow serves as a nail in Trump’s political coffin.
The board, made up of two Republicans and two Democrats, met Nov. 23 to make the vote count official after all 83 Michigan counties certified their election results, which include Joe Biden’s 2.8% statewide victory over President Donald Trump. The state certification of the more than 5.5 million ballots cast comes after Trump and his attorneys and supporters persistently called for delaying certification. Board of State Canvasser Norman Shinkle abstained from the vote. The other three board members all voted in favor of certifying.
Aaron Van Langevelde, a Republican canvasser and an attorney for the House Republican Caucus, said the board doesn’t have many options outside of performing its duty to certify the election.
“This board must respect authority entrusted to it and follow the law as it is written. We must not attempt to exercise power we do not have,” Van Langevelde said. “We have a clear legal duty to certify the results of the election. We cannot and should not go beyond that.”
Christopher Thomas, a former Michigan Elections Director who came out of retirement to help oversee Detroit’s election process, took questions from the board and said the canvassers don’t have the authority to conduct or order investigations or audits of the count before certification.
Open and shut victory for Biden in the State of Michigan, right? Case closed?
Not so fast.
The Republican legislature, the house and senate in Michigan had already called for a delay in this decision until such time as the claims of significant irregularities and malfeasance could be examined more closely.
They insisted on proceeding to their conclusion, claiming law forbids their delaying for such a process.
The heads of the Republican National Committee and Michigan Republican Party issued a joint statement Saturday calling for Michigan’s state canvassing board to delay certification of the results of the election, marking the latest attempt by party leaders to intervene in the state’s electoral process.
In the letter – signed by RNC Chairwoman Ronna McDaniel, who is from Michigan, and state GOP Chair Laura Cox – the officials ask the canvassing board to adjourn for 14 days and allow for a “full audit and investigation” before they convene to certify the state’s election results, a procedural step that is set to take place on Monday afternoon.
“This board faces a stark choice,” the letter reads, citing claims of “numerical anomalies” and “procedural irregularities” that they say would leave “the distrust and sense of procedural disenfranchisement felt by many Michigan voters to fester for years” if ignored by the board. –AnchorageDailyNews
But Constitutionally, did they have any lawful right to contravene the will of the Legislature?
One of the key arguments Trump’s legal team will be presenting hinges on the authority the Constitution grants to a State Legislature — and no other person, entity, or body — to set the terms and rules of the confirmation of a count.
The legislature was looking at a contested result and instructed a delay. The state officials, proceeded anyway.
In a conflict of political will, the Constitution should guide who has the power to make such a call, should it not? And the Constitution is by no means vague on this point.
It’s roughly the same argument Trump’s team will use regarding some of the voting rules being changed at the last minute by a judge, governor, or election official, making them contradict the laws as written by the State Legislature.
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