Michigan Recount in Jeopardy

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The Michigan Court of Appeals has found that the Board of Canvassers should never have allowed a recount in that state.

On Tuesday, the Appeals court released the 3-0 opinion against the recount, and will let the recount continue for now, but the court did order the state’s election board to deny Stein’s recount petition when they meet on Wednesday.

The court stated that, “Stein is not an “aggrieved candidate” under state law, it said, having received just over 1 percent of the vote on Election Day.

According to The Hill,  Sarah Anderson, communications director for the Michigan Republican party said “the Michigan Republican Party will file a motion late Tuesday with the judge who ordered the recount to begin Monday, to dissolve his recount order, and we expect that recount will be stopped.”

The U.S. federal 6th Circuit court found stated that,

“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 the case. [We] 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 6th Circuit added it only found Stein and a Michigan voter would have suffered “irreparable harm” if the recount were not started in time to conclude before a Dec. 13 deadline.

Michigan’s Attorney General Bill Schuette told the Free Press that there was “no conflict” between the two decisions, but he would be filing a motion to dissolve the federal court’s order.

 

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