Cocktails & Popcorn: Michigan 2018 Primary Election Is Still Not Recorded

"They actually believed they could steal a civil rights legacy."

Previously, on Cocktails & Popcorn, the Michigan Secretary of State Board of Canvassers held meeting to record the Wayne County Board of Canvassers certified vote for the 13th Congressional, 2nd State Senate, and 68th State Representative Special Elections which were never certified.

Interestingly enough, the 2018 Primary Election official results have yet to be recorded by the State of Michigan.

The following is all the information as of this post on the Wayne County Board of Canvassers and Michigan Board of Canvassers on the certification and recording of the vote.

Michigan law details the timeline for a county to certify the vote, and, in the event the vote is not certified by the county, the process of delivery for the state board of canvassers to certify.

MICHIGAN ELECTION LAW (EXCERPT)
Act 116 of 1954

168.822 Board of county canvassers; canvass of returns, conclusion; failure to certify election results.Sec. 822. 

(1) The board of county canvassers shall then proceed without delay to canvass the returns of votes cast for all candidates for offices voted for and all questions voted on at the election, according to the precinct returns filed with the probate judge or presiding probate judge by the several city and township clerks, or in case of local elections according to the precinct returns filed with the county clerk, and shall conclude the canvass at the earliest possible time and in every case within 14 days. 

(2) If the board of county canvassers fails to certify the results of any election for any officer or proposition within the 14 days as provided, the board of county canvassers shall immediately deliver to the secretary of the board of state canvassers all records and other information pertaining to the election. The board of state canvassers shall meet immediately and make the necessary determinations and certify the results within the 10 days immediately following the receipt of the records from the board of county canvassers. The cost of the canvass shall be borne by the county involved.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1958, Act 192, Eff. Sept. 13, 1958 ;-- Am. 1963, 2nd Ex. Sess., Act 38, Imd. Eff. Dec. 27, 1963 ;-- Am. 1968, Act 65, Eff. July 1, 1968 ;-- Am. 2013, Act 51, Imd. Eff. June 11, 2013
Compiler's Notes: Section 3 of Act 65 of 1968 provides: “This act shall take effect on July 1, 1968, except in any county with a population of 400,000 or more it shall take effect on July 1, 1970.”
Popular Name: Election Code

Since the public notice was sent out 48 hours, per the Open Meetings Act, that would set the clock as Wayne County delivering the uncertified vote within the 14 day period to the state, on or about August 21, 2018.

A 10 day clock was set for the state to take up the duty to certify the vote, on or about August 31, 2018.

The certification process is based on a declarative statement of the vote tally being made into the court, where it is certified and attested by the circuit court, then filed in the public record with the county clerk.

So, what happens if the Michigan 2018 Primary Election is not certified by August 31, 2018?

Well, since there is no law on the books directly addressing this issue, I am going out there on a limb, with this crazy, off the wall idea, that there is going to be some form of legal interdiction, but hey, what do I know?

I know that Perkins Coie Sucks and anything can happen in the next few days, which is why I strongly encourage everyone to stock up on cocktails & popcorn.

#perkinscoiesucks

Michigan Secretary of State Board of Canvassers 8-30-2018 Meeting Notice by Beverly Tran on Scribd

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