Voting-related Litigation: Michigan

(Filed November 4, 2020, 20-000225-MZ; Dismissed January 6, 2021, 20-000225-MZ)

Michigan Court of Claims: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al. was filed in Michigan Court of Claims on November 4, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, including lack of access by election inspectors to absentee vote counting. Plaintiffs requested an emergency injunction to stop the counting of absentee votes. The case was assigned to the Hon. Cynthia Stephens, a Democratic appointee. On November 6, 2020, Judge Stephens denied the injunction because, by the time Plaintiffs filed their request, the votes had been counted, making the claim moot.

Michigan Court of Appeals: On November 6, 2020, the Plaintiffs appealed Judge Stephens’ interlocutory order of November 6, 2020, and sought immediate consideration of their appeal to the Michigan Court of Appeals. On December 4, 2020, the Hon. Stephen Borello and the Hon. Amy Ronayne Krause, both Democratic appointees, denied Plaintiffs’ Leave to Appeal; the Hon. Patrick Meter, a Republican appointee, did not agree with the decision.

Michigan Supreme Court: On December 7, 2020, the Plaintiffs appealed the December 4, 2020, ruling of the Michigan Court of Appeals to the Michigan Supreme Court and sought immediate review. The motion for immediate review was assigned to Chief Justice Bridget M. McCormick, a Democratic appointee. On December 11, 2020, the Michigan Supreme Court denied leave to appeal.

Michigan Court of Claims: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al. On January 6, 2021, Judge Stephens granted Defendants’ motions to dismiss and dismissed the case because it was moot.

Issues: Ballot counting (observers from each party not present); Vote-by-mail (drop boxes) 

Outcome: The Plaintiffs lost.

2. Sarah Stoddard, et al. v. City Election Commission, Inc, et al.

(Filed November 4, 2020, 20-014604-CZ, Dismissed February 22, 2021, 20-014604-CZ)

Michigan Circuit Court: Sarah Stoddard, et al. v. City Election Commission, Inc, et al. was filed in the State of Michigan, in the Third Judicial Circuit Court for the County of Wayne, on November 4, 2020. An Amended Complaint was filed on November 5, 2020. The case was brought to challenge the results of the November 3, 2020, General Election, alleging that absentee vote count centers did not have a representative from each party present during counting. Plaintiffs sought a halt to counting in their motion for a preliminary injunction. On November 6, 2020, the motion was denied by the Hon. Timothy M. Kenny, an Independent, because evidence showed that, in fact, representatives from each party were present during vote counting. After a hearing on Defendants’ Motions to Dismiss, the court entered a final order dismissing the action on February 22, 2021.

Issues: Ballot counting (Republican observers not present) 

Outcome: The Plaintiffs lost.

3. Costantino, et al. v. City of Detroit, et al.

(Filed November 9, 2020, 20-014780-AW; Dismissed by stipulation January 7, 2021, 20-014780-AW)

Michigan Circuit Court: Cheryl A. Costantino, et al v. City of Detroit, et al. was filed in the Third Judicial Circuit Court, Wayne County, Michigan, on November 9, 2020. The case was brought to challenge the November 3, 2020, General Election due to alleged fraud. Plaintiffs also filed an emergency motion to enjoin the certification of results of the General Election. The Hon. Timothy Kenny, an Independent, denied the emergency motion on November 13, 2020, because Plaintiffs had several other remedies at law and their allegations of fraud were contradicted by highly credible witnesses.

Michigan Court of Appeals: Three days later, on November 16, 2020, Plaintiffs filed an Application for Leave to Appeal in the Michigan Court of Appeals, seeking three forms of relief: immediate review of Judge Kenny’s order of November 13, 2020, a results audit of Wayne County votes and an injunction against certifying Wayne County election results. The Hon. Michael J. Riordan, Presiding Judge and a Republican appointee, denied leave to appeal on the same day.

Michigan Supreme Court: The next day, on November 17, 2020, Plaintiffs filed an Application for Leave to Appeal to the Michigan Supreme Court, seeking review of both Judge Riordan’s order and Judge Kenney’s order. On November 23, 2020, the Michigan Supreme Court denied leave to appeal. The Hon. Brian Zahra, a Republican appointee, wrote a concurring statement that was joined by the Hon. Stephen Markman, a Republican appointee. The Hon. David Viviano, a Republican appointee, dissented.

Michigan Circuit Court: On January 7, 2021, all of Plaintiffs’ remaining claims were dismissed by agreement, and Judge Kenny issued an order for the stipulation on January 8, 2021.

Issues: Widespread fraud; Vote-by-mail (improper signature verification, ignoring deadlines); Ballot counting (observers barred) 

Outcome: Since the Plaintiffs did not prevail, this is considered a loss.

4. Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al.

(Filed November 11, 2020, 1:2020-cv-01083; Voluntarily dismissed November 19, 2020, 1:2020-cv-01083)

US District Court: Donald J. Trump for President, et al. v. Jocelyn Benson, Secretary of State, et al. was filed in United States District Court, Western District of Michigan, Southern Division, on November 11, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, and to enjoin certification of the election results. The case was assigned to the Hon. Janet T. Neff, a Republican appointee. On November 19, 2020, the case was voluntarily dismissed.

Issues: Ballot counting (observers barred); Vote-by-mail (illegal ballots added to results, ballots duplicated, date changed on late ballots, drop boxes); Voting machines (tabulation machine errors) 

5. Lena Bally, et al. v. Governor Gretchen Whitmer, et al.

(Filed November 11, 2020, 1:20-cv-1088; Voluntarily dismissed November 16, 2020, 1:20-cv-1088.)

US District Court: Lena Bally, et al. v. Governor Gretchen Whitmer, et al. was filed in the US District Court for the Western District of Michigan, Lansing Division, on November 11, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, and to have the court to declare that illegal votes from certain counties be invalidated. The case was assigned to the Hon. Janet T. Neff, a Republican appointee. On November 16, 2020, the case was voluntarily dismissed.

Issues: Ballot counting (observers barred); Vote-by-mail (illegal ballots added to results, ballots duplicated, date changed on late ballots, drop boxes, improper signature verification); Voting machines (tabulation machine errors)

6. Angelic Johnson, et al. v. Jocelyn Benson, Secretary of State, et al.

(Filed November 15, 2020, 1:20-cv-01098; Voluntarily dismissed November 18, 2020, 1:20-cv-01098)

US District Court: Angelic Johnson, et al. v. Jocelyn Benson, Secretary of State, et al. was filed in the US District Court for the Western District of Michigan on November 15, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities, and sought to enjoin certification of the election results. The case was assigned to the Hon. Janet T. Neff, a Republican appointee. On November 18, 2020, the case was voluntarily dismissed.

Issues: Vote-by-mail (ballots sent to all voters unrequested, improper signature verification)

Outcome: Since the Plaintiffs did not prevail, this is considered a loss.

7. William Bailey, et al. v. Antrim County, et al.

(Filed November 23, 2020, 20-09238-CZ; Dismissed May 18, 2021, 20-09238-CZ; Appeal pending, 357838)

Michigan Circuit Court: William Bailey, et al. v. Antrim County, et al. was filed in the State of Michigan Circuit Court for the County of Antrim on November 23, 2020. The case was brought to challenge the November 3, 2020, General Election over purported voting irregularities and sought a preliminary injunction for scans of ballots and preservation of records. Human error led to incorrect unofficial reporting that Joe Biden had won Antrim County, but the records were corrected the next day and a hand recount confirmed that Trump won the county. The Plaintiff wanted to conduct forensic imaging of the election equipment. ^[1]Clara Hendrickson, “Judge dismisses Antrim County election fraud lawsuit,” freep.com, May 18, 2021

Defendants agreed to preserve the requested records. Circuit Court Judge Kevin A. Elsenheimer, a Republican appointee, then granted the preliminary injunction on December 4, 2020, ordering that a forensic investigation would be allowed to proceed. On May 18, 2021, Judge Elsenheimer granted Defendants’ Motion to Dismiss and dismissed all remaining claims because an audit had been completed. ^[2]Note: We have been unable to find a copy of the dismissal order. On June 10, 2021, Plaintiffs filed a Motion to Reconsider, which was denied on June 25, 2021.

Michigan Court of Appeals: On July 22, 2021, Plaintiffs filed an appeal in the Michigan Court of Appeals for review of the circuit court decisions. On September 30, 2021, a motion to dismiss the appeal was denied.The appeal is pending as of January 17, 2022.

Issues: Voting machines (tabulation machine errors) 

Outcome: The Plaintiffs lost (appeal pending).

8. Timothy King, et al. v. Gov. Gretchen Whitmer, et al.

(Filed November 25, 2020, 2:20-cv-13134; Denied December 7, 2020, 2:20-cv-13134; Cert. denied February 22, 2021, 20-0815)

US District Court: Timothy King, et al. v. Governor Gretchen Whitmer, et al. was filed in the US District Court, Eastern District of Michigan, on November 25, 2020, alleging election fraud in the November 3, 2020, General Election through manipulation of electronic voting machines. On November 29, 2020, Plaintiffs filed an Emergency Motion for a Temporary Restraining Order to halt certification of election results. The case was assigned to the Hon. Linda V. Parker, a Democratic appointee, who denied the motion for TRO on December 7, 2020, for lack of subject matter jurisdiction.

US Court of Appeals: On December 8, 2020, Plaintiffs appealed Judge Parker‘s denial of the requested TRO in the US Court of Appeals for the Sixth Circuit.

US Supreme Court: On December 11, 2020, Plaintiffs, before the appeal in the Court of Appeals had been considered, filed a Petition for Writ of Certiorari in the US Supreme Court.

US District Court: On December 22, 2020, Defendant filed a Petition for Sanctions against Plaintiffs and Plaintiffs’ counsel. On January 5, 2021, a second Defendant filed a Motion for Sanctions, for Disciplinary Action, for Disbarment Referral and for Referral to State Bar Disciplinary Bodies. On January 14, 2021, Plaintiffs voluntarily dismissed their complaint; the issue of sanctions and attorneys’ fees remained pending.

US Court of Appeals: On January 26, 2021, Plaintiffs stipulated to dismiss their appeal with prejudice.

US Supreme Court: On February 22, 2021, the US Supreme Court denied Plaintiffs’ Petition for Writ of Certiorari.

US District Court: On August 25, 2021, Judge Parker granted the Defendants’ motions for sanctions and attorneys’ fees, concluding that the lawsuit was filed in “bad faith and for an improper purpose” and that it “contained factual contentions lacking evidentiary support or likely to have evidentiary support,” among other conclusions. The Plaintiffs’ attorneys were ordered first, to pay attorneys’ fees and costs to all State Defendants and the City of Detroit and, second, to take continuing legal education classes. Judge Parker also ordered the Clerk of Court to send a copy of her decision to the Michigan Attorney Grievance Commission and the appropriate disciplinary authority for the jurisdictions where each attorney was admitted, for investigation and possible suspension or disbarment. On December 2, 2021, Plaintiff’s attorneys were ordered to pay over $175,000 to the Defendants from the State of Michigan and the City of Detroit, with the order stayed pending resolution of all appeals. A total of nine attorneys were sanctioned: Sidney Powell of Texas, L. Lin Wood (Georgia), Emily Newman (Virginia), Julia Z. Haller (the District of Columbia, Maryland, New York and New Jersey), Brandon Johnson (the District of Columbia, New York and Nevada), Scott Hagerstrom (Michigan), Howard Kleinhendler (New York and New Jersey), Gregory Rohl (Michigan), and Stefanie Lynn Junttila (Michigan).^[3]United States District Judge Linda Parker, “Timothy King, et al., v. Gretchen Whitmer, et al., Civil Case No. 20-13134, Opinion and Order,” August 25, 2021 On February 18, 2022, Judge Parker’s decision was sent to the Michigan Attorney Grievance Commission and the appropriate disciplinary authority for each jurisdiction where the Plaintiffs’ counsel is admitted.^[4]Court Listener, “King v. Whitmer (2:20-cv-13134),” courtlistener.com, July 22, 2022, https://www.courtlistener.com/docket/18693929/king-v-whitmer/?page=2

US Court of Appeals: Between December 3, 2021, and January 3, 2022, attorneys Wood, Newman and Junttila, filing individually, and attorneys Hagerstrom, Haller, Johnson, Kleinhendler, Powell and Rohl, filing jointly, filed notices of appeal to the US Court of Appeals for the Sixth Circuit against Judge Parker’s order of monetary and non-monetary sanctions. In February 2022, attorneys Hagerstrom, Haller, Johnson, Kleinhendler, Powell and Rohl, filing jointly, and Junttila, filing individually, moved to stay the non-monetary portion of Judge Parker’s sanctions. On February 24, 2022, circuit judges Guy, Clay and Donald, denied these motions to stay, and by February 25, 2022 all sanctioned attorneys had submitted affidavits acknowledging their completion of the educational, non-monetary sanctions.^[5]Court Listener, “King v. Whitmer (2:20-cv-13134),” courtlistener.com, July 22, 2022, https://www.courtlistener.com/docket/18693929/king-v-whitmer/?page=2

Issues: Widespread fraud; Voting machines (added illegal votes); Ballot counting (observers barred and intimidated); Vote-by-mail (illegal ballots, changed dates, changed Trump votes, double counting, improper signature verification, dead voters) 
 
Outcome: The Plaintiffs lost.

9. Angelic Johnson, et al. v. Benson, Secretary of State, et al.

(Filed November 26, 2020, 162286; Decided December 9, 2020, 162286)

Michigan Supreme Court: Angelic Johnson, et al. v. Benson, Secretary of State et al. was filed directly in the Michigan Supreme Court on November 26, 2020. Johnson was a member of the group Black Voices for Trump; the Thomas More Society served as special counsel under its Amistad Project. The Petition for Extraordinary Writs and Declaratory Relief claimed fraud related to absentee ballots and sought an election audit, decertification, and other relief. On December 9, 2020, three Democratic-appointed justices, the Hon. Bridget McCormack, the Hon. Richard Bernstein, and the Hon. Megan Cavanagh, in addition to the Hon. Elizabeth Clement, a Republican appointee, denied the requested relief. The Hon. Brian Zahra, the Hon. David Viviano, and the Hon. Justice Stephen Markman, all Republican appointees, dissented.

Issues: Vote-by-mail (ballots improperly handled, duplicated ballots, dates changed); Ballot counting (fraud and mistakes, observers barred) 

Outcome: The Plaintiffs lost.

10. Dar Leaf, et al. v. Governor Gretchen Whitmer, et al.

(Filed December 6, 2020, 1:20-CV-1169; Voluntarily dismissed February 6, 2021, 1:20-CV-1169)

US District Court: Dar Leaf, et al. v. Governor Gretchen Whitmer, et al., an Emergency Ex Parte Application for Restraining Order, was filed in the US District Court, Western District of Michigan, on December 6, 2020 and amended on December 7, 2020. The application sought an order granting custody of all ballots cast and preservation of voting records from the November 3, 2020, General Election due to alleged vote counting irregularities. The application was assigned to the Hon. Robert J. Jonker, a Republican appointee. On December 7, 2020, Judge Jonker denied the applications. On January 22, 2021, the judge ordered Plaintiffs to show cause by February 5, 2021. Plaintiffs voluntarily dismissed their action on February 6, 2021, after the court noted that Plaintiffs failed to file a proper complaint.

Issue: Voting machines (fraud); Election procedure (law violation) 

Outcome: The Plaintiffs lost.

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