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    Michigan: Stoddard v. City Election Commission of the City of Detroit

    • Date
      November 4, 2020
    • City/County
      County of Wayne
    • Type of Case
      Voter Fraud, Voter Integrity, Plaintiffs, a Michigan poll observer and a nonprofit organization, allege that absentee vote count centers in Detroit do not have one inspector from each political party present, in violation of state law. Plaintiffs seek to halt the counting of absentee ballots until observers from both parties are present.
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    Title

    Michigan: Stoddard v. City Election Commission of the City of Detroit

    Date
    November 4, 2020
    State or Country
    Michigan
    County/City:
    County of Wayne
    The Court the Case was filed in

    State of Michigan Third Judicial Circuit Court for the County of Wayne

    Type of Case
    Voter Fraud, Voter Integrity, Plaintiffs, a Michigan poll observer and a nonprofit organization, allege that absentee vote count centers in Detroit do not have one inspector from each political party present, in violation of state law. Plaintiffs seek to halt the counting of absentee ballots until observers from both parties are present.
    Case Number

    20-014604-CZ

    Judges

    Hon. Timothy M. Kenny

    Plaintiff

    Sarah Stoddard and
    Election Integrity Fund

    Defendant

    City Election Commission of the City of Detroit and

    Janice Winfrey, in her official Capacity as Detroit City Clerk, and
    Chairperson of the City Election Commission, and Wayne County Board of Canvassers

    Plaintiff Attorney

    Edward D. Greim (pro hac forthcoming)
    Special Counsel, Thomas More Society
    Missouri Bar No. 54034
    GRAVES GARRETT, LLC
    1100 Main Street, Suite 2700
    Kansas City, Missouri 64105
    Tel.: (816) 256-3181
    Fax: (816) 222-0534
    edgreim@gravesgarrett.com
    ____________________________________
    Ian A. Northon (P65082)
    RHOADES MCKEE PC
    55 Campau Ave NW #300
    Grand Rapids, MI 49503
    Tel.: (616) 233
    -5125
    Fax: (616) 233
    -5269
    ian@rhoadesmckee.com
    smd@rhoadesmckee.com
    Special Counsel, Thomas More Society
    Counsel for Plaintiffs

    Comments

    INTRODUCTION
    1. This lawsuit challenges the ongoing action of the City Election Commission of
    the City of Detroit and the Detroit City Clerk with respect to one-party control of the Absent
    Voter Counting Board (“AVCB”) operating out of TCF Center (formerly known as Cobo Hall).
    Specifically, individual inspectors from a single major political party are “curing” rejected
    absentee ballots – those absentee ballots that cannot be properly read by the electronic counting
    machine -- including transposing the voter’s perceived choices onto a new ballot, without the
    required oversight and signatures of two election inspectors—one from each major political
    party. These rejected absentee ballots are reviewed by only one inspector, in most cases a Democratic inspector, who then unilaterally decides how the voter intended to vote and creates a
    ballot that can be read reflecting the inspector’s unilateral decision.
    2. This violates MCL 168.765a (10), which requires one inspector from each party
    to be present at the AVCB. It also violates the Secretary of State’s rule, as set forth in her
    controlling Election Officials’ Manual, requiring that any cured ballot bear the signature of two
    election inspectors who have expressed a preference for different political parties. See
    168.765a(13). In application, this arrangement in the TCF Center fails to comply with Michigan
    law and invites fraud.
    3. This action seeks an order: (a) halting further “curing” of absentee ballots rejected
    by the counting machines until one inspector from each party is present to observe the cure and
    sign the cured ballot; and (b) segregating the rejected and cured ballots; and (c) halting
    certification until the statutorily-required inspectors can be located and used to ensure election
    integrity

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    Document Links 1 (Scribd et. al)

    https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/Verified-Complaint-FILE-STAMPED-COPY.pdf

    Document Link 2

    https://healthyelections-case-tracker.stanford.edu/detail?id=353

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