Detroit Has An Absentee Ballot Count Issue - Again - 2020 Primary

Waiting to see the tally.

Riddle me this:

However shall the vote be certified?

Let us watch the process in real time, then, compare this same process with the 2018, 2016, 2014 & 2012, possibly even 2010 and 2008, but, hey, what do I know?

Wayne County, Michigan Board of Canvassers

Each of the 83 Boards of County Canvassers in the State of Michigan is currently composed of two Republican members and two Democratic members, appointed by the County Board of Commissioners to four year terms. The Board members are responsible for canvassing the votes cast within the county they serve. The Board members certify elections for all local, countywide and district offices which are contained entirely within the county they serve. The Board members are responsible for inspecting the county's ballot containers every four years. The County Canvass Board also conducts recounts for all units of government within the county they serve.

The current members of the Wayne County Board of Canvassers are:

• CHAIRPERSON - Monica Palmer, Republican
• VICE-CHAIRPERSON - Jonathan C. Kinloch, Democrat
• MEMBER - Mayra Rodriguez, Republican
• MEMBER - Allen Wilson, Democrat

Canvassers demand answers after 72% of Detroit's absentee ballot counts were off

The board charged with certifying election results in Michigan's largest county is asking Secretary of State Jocelyn Benson's office to investigate after problems with tracking ballots in Detroit's primary, which one official described as a "perfect storm."

Counts for ballots in about 72% of Detroit's absentee voting precincts for the Aug. 4 primary election were out of balance without an explanation, according to information presented Tuesday to the Wayne County Board of Canvassers. The number of ballots tracked in precinct poll books did not match the number of ballots counted. 

The election results weren't incorrect, said Jonathan Kinloch, a Democrat and one of the canvassing board's four members. But, he said, something had gone wrong in the process of tracking ballots precinct by precinct.

The Wayne County Board of Canvassers approved this resolution asking the Michigan Secretary of State's office to investigate "the training and processes" used by Detroit for the 2020 primary election.
Having balanced precincts is particularly important in Michigan because precincts whose poll books don’t match with ballots can’t be recounted, according to state law. Instead, the original election results would stand.

"It was a perfect storm," Kinloch said.

The "storm" involved a record number of absentee ballots being cast in Michigan's primary and seasoned election workers not feeling it was safe to help with administering the election because of COVID-19, he added.

The Wayne County board is asking Benson, a Detroit resident, to investigate "the training and processes used by the City of Detroit" in the primary election. The board also requested that the first-term Democrat appoint a state monitor to oversee the counting of absentee ballots in the general election.

The Board of State Canvassers is set to meet at 2 p.m. Friday to certify election results from around Michigan.

You cannot certify a state election if there are valid challenges formally grieved. That is called due process. Egads! Whatever shall they do?

The developments in Wayne County come as national attention has focused on voting by mail, which President Donald Trump has repeatedly criticized in recent weeks, and as Michigan experiences its first statewide elections with no-reason absentee voting after voter approval of a 2018 constitutional amendment.

Detroit had problems with precinct count mismatches in the November 2016 election. Election officials couldn’t reconcile vote totals for 59% of precincts in the city during a countywide canvass of vote results.

Those votes couldn't be recounted when Green Party presidential candidate Jill Stein demanded a statewide recount following Donald Trump's initial 13,000-vote victory over Democrat Hillary Clinton. A recount was started but stopped by the courts when Stein was ruled ineligible for a recount request because she had no chance at victory.

Voting is beautiful, be beautiful ~ vote.©

Tales Of The New Crown: Michigan Representative Karen Whitsett Has Illuminated Ire Of The 13th Congressional District

Jonathon Kinloch is illegitimately elected, you know.

Any dissent from the MDP talking points memos will interfere in cooties revenue maximization.


https://beverlytran.blogspot.com/2020/04/tales-of-new-crown-michigan-state.html

#maytheheavensfall

Detroit Democrats unanimously censure lawmaker who credited Trump for COVID-19 recovery

"The truth shall prevail once the sun
illuminates our spirits."

Detroit — Detroit Democrats unanimously passed a resolution Saturday to censure a Democratic lawmaker who credited President Donald Trump with advocating for the drug that she said cured her of COVID-19.

State Rep. Karen Whitsett, D-Detroit, broke protocol by meeting with President Donald Trump and Vice President Mike Pence during an April 14 meeting of COVID-19 survivors, where  she credited hydroxychloroquine for saving her life, a Democratic district leader said.

“Thank you for everything that you have done,” Whitsett told Trump at the meeting. “I did not know that saying thank you had a political line. … I’m telling my story and my truth, and this how I feel and these are my words.”

Whitsett's comments landed her in hot water with the 13th Congressional District Democratic Party organization, which unanimously passed the 15-delegate vote via Zoom Saturday ousting the first-term lawmaker representing the 9th Michigan House District.

"We have the ability to be the referee when we see our leaders out there attacking and not being willing to have a discussion to find common ground," said Jonathan Kinloch, chairman of the organization. "Based on her actions and recent statements, she's chosen to be a stand-alone Democrat with the goals of a Republican."

The resolution states Whitsett has "misrepresented the needs and priorities" of Democratic leadership to the president and public.

The resolution also notes she's participated in events with the Republican Women's Federation of Michigan to express gratitude to the president.

Whitsett, the resolution said, "has repeatedly and publicly praised the president's delayed and misguided COVID-19 response efforts in contradiction with the scientifically based and action-oriented response" from Michigan's Democratic leadership, "endangering the health, safety and welfare of her constituents, the city of Detroit and the state of Michigan."

The admonition means she will not get the group’s endorsement for this year nor will she be able to engage in the group’s activities for the next two election cycles.

Trump appeared to offer his support for the state representative late Thursday, tweeting, "Disgraceful. (Whitsett) Should join the Republican Party!"

The president also tweeted Friday morning about the controversy: "The Fake and totally corrupt News is after her as a means of getting to me. She’s smart and strong, knows the truth. Already a heroine to many!"

Until March, Kinloch was Democratic Gov. Gretchen Whitmer's community liaison to southeast Michigan. He saidthe censure "speaks to the heart of Democratic representation" and should she wish, Whitsett has seven days to appeal.

"This is done with unless she appeals," he said. "We will begin screening someone else to support that district."

The developments quickly drew the ire of Donald Trump Jr., who tweeted Thursday: "What a joke. Remember folks, the narrative can only be against Trump and if you break those rules the left will turn on their own."

'This is pettiness'
Whitsett, meanwhile, told The Detroit News after the vote Saturday that she would not engage in the "pettiness politics" of the Democratic organization because she is busy working for her district.

Whitsett said she has raised $450,000 in four days for resources in her district and is working to deliver food and cleaning products to those in need during the pandemic.

"I was asked to speak about my COVID experience," Whitsett said. "The board has various issues and I don't understand what this censure is this censure supposed to do?

"We are in the middle of a pandemic if anyone has forgotten, which is what Jonathan and the governor should be concerned about," she said, adding she didn't have any involvement with the Republican Women's Federation of Michigan.

Whitsett and her husband, Jason, both tested positive for the coronavirus. The pair took to Twitter Saturday morning to thank supporters.

"I have over 93,000 people that I'm responsible for so we're trying to still get resources out, finding resources and Home Depot, Lowes just did a delivery for us and I'm so excited about that," she told The News.

Past problems
Kinloch said the party’s problems with Whitsett date back to comments she made about House Democratic leadership and the Democratic legislative caucus at large.

In February, Whitsett told WWJ-AM (950) that House Democratic Leader Christine Greig of Farmington Hills was a racist because she wouldn’t consider an urban agenda for the caucus. Greig also pulled Whitsett’s communications staff because of an unfavorable vote on an early rendition of the no-fault auto reform bill, Whitsett said.

A later version of the no-fault auto reform legislation received overwhelming support in the state House and was signed into law by Whitmer.

Several lawmakers in Detroit or elsewhere have been censured in some way by their parties over the years because of "serious trouble with the law," but the idea of zinging a lawmaker for meeting with the president is "unheard of," said Bill Ballenger, a longtime political analyst, a Republican former state lawmaker and head of the online Ballenger Report.

"They obviously feel this is something that cannot be tolerated," he said.

Michigan State Medical Society President Dr. Mohammed Arsiwala prescribed hydroxychloroquine and an antibiotic for Whitsett after she visited one of his Michigan Urgent Care clinics in Wyandotte. She had symptoms of COVID-19 and an underlying condition, he told The Detroit News.

The Trump administration has deployed about 28 million doses of hydroxychloroquine from the federal government’s Strategic National Stockpile. While hydroxychloroquine is effective at treating lupus and rheumatoid arthritis, the drug can be dangerous for people with certain heart conditions.

On Sunday, after Whitsett continued to make negative comments about the party and Whitmer, the 13th Congressional Democratic group asked her to come in for a “screening” of candidates for her house district. Whitsett refused, Kinloch said.

“Don’t play with us,” Kinloch said. “This is very serious when we ask to have a conversation with you and you choose not to.

“We’re not going to accept that. How they handle you in Lansing as far as the Democratic caucus that’s on them. But how we handle you back at home, that’s on us.”

Whitsett said she didn't have time for the screening.

"I don’t have time for politics," Whitsett said. "That’s ridiculous, during a pandemic, that they think I have time for a screening. ... I have people that need me.”

Voting is beautiful, be beautiful ~ vote.©

North Carolina Bladen County Board Of Elections Sounds Like Michigan Wayne County Board Of Elections

I wonder if North Carolina Bladen County Board of Elections is the sister governmental entity to Michigan Wayne County Board of Elections.

Probably not.

Perhaps we should ask Jonathan Kinloch.

Probably not.

He may be legally gagged, or not, but hey, what do I know?

I know the Michigan Secretary of State Ruth Johnson has yet to send me copy of her letter of certification of the 2018 Michigan Special Election that was transmitted to the U.S. Clerk of the House and accepted by the Speaker of the House.

I wonder if North Carolina Secretary of State has done the same.

I should ask.

.@NCSBE voted 7-2 Friday to hold public hearing by Dec. 21 into claims of irregularities and fraudulent activities related to absentee by-mail ballots in the 9th CD. Audio is here: https://t.co/iyywGwiOsw #ncpol

— NCSBE (@NCSBE) November 30, 2018

Amid N.C. election fraud investigation, Bladen County board member resigns

Jens Lutz informed colleagues of his abrupt decision, saying “things have gotten way out of hand.”

WASHINGTON — The vice chairman of the Bladen County Board of Elections abruptly announced his resignation as the North Carolina State Board of Elections continues its investigation into potential election fraudin 9th Congressional District race there.

Jens Lutz informed his fellow board members and the executive director of the North Carolina State Board of Elections of his resignation in an email Friday evening because “things have gotten way out of hand.”

“Sometimes in life circumstances reach the breaking point especially when your (sic) trying to do the right thing. It becomes even more difficult when your family is drug into the drama plus your own party begins to attack you for compromising and common sense decisions,” Lutz wrote. “I regret having to do this but things have gotten way out of hand.”

NC GOP Chair: North Carolina 'may very well be headed for' another election

Rural Bladen County has become the epicenter of the investigation into irregularities with absentee ballots involving third parties allegedly collecting handling them. It is illegal for anyone other than family members, legal guardians or official delivery people to turn in ballots.

The state board of elections has voted twice not to certify the election results of the ninth district congressional race between Democrat Dan McCready and Republican Mark Harris. After Election Day, Harris appeared to be the unofficial winner by 905 votes. The board has also stopped the certification of the results of several local in races in the district.

Since the board of elections announced its investigation, McCready has withdrawn his concession. Harris has said he would support a new election, which the board has the power to call for, if the investigation finds enough widespread fraud to call the results into question.

Central to the investigation is Bladen County resident McCrae Dowless, the county's soil and water supervisor, who was hired by the Red Dome consulting group to do work for the Harris campaign on grassroots and get-out-the-vote efforts. The names of Dowless, members of his family and other associates appear as signatures as witnesses on absentee ballots, according to documents released by the state board of elections. According to the personal accounts of some voters, some of those same individuals attempted to collected their absentee ballots, promising to submit them.

"Overall, I'm a Democrat, but I've never been one to stay where I'm not wanted,” Lutz told WECT. “It came to my attention yesterday that some in the Democratic party are not happy with me. I'm getting hit on both sides, including my own party. I just thought it was time to step down."

The state board plans to hold an evidentiary hearing by December 21 and under state law, it has the power to order a new election in a given contest if it determines there were enough widespread "irregularities or improprieties” to “taint the results of the entire election and cast doubt on its fairness.”

Voting is beautiful, be beautiful ~ vote.©

North Carolina Has An Absentee Ballot Fraud Investigation Just Like Detroit

Yes, that is correct.

Detroit is under investigation by the U.S. Department of Justice for absentee ballot fraud in the 2018 Special Election and the General Election.

I would be remiss in failing to mention the 2016 Election, too, but hey, what do I know?

AP retracts call in North Carolina congressional race amid fraud investigation

The Associated Press on Friday retracted its call for a Republican in a House race in North Carolina after the state board of elections delayed certifying the results due to concerns of voter fraud. Democrat Dan McCready conceded the election to Republican Mark Harris earlier this month and said he would not request a recount.

Unofficial results show Harris with a 905-vote lead out of nearly 283,000 votes counted.

The North Carolina board of elections cited “claims of irregularities and fraudulent activities related to absentee by-mail voting” when it said it would delay certifying the results. The body voted 7-2 on Friday to hold a hearing into the concerns.

The North Carolina Democratic Party released a statement praising the vote, applauding “the board’s bipartisan decision to delay certification and fully investigate the concerning allegations.”

Officials were particularly alarmed over uncommonly high numbers of absentee ballots submitted in Bladen County, according to The Washington Post.

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Brenda Jones Is Going To Meet Paul Ryan In D.C. - Congress Forgot To Pass The Special Election Resolution

On this exciting episode of Cocktails & Popcorn, Nancy Pelosi has been nominated Speaker of the House for the 116th Congress with Hakeem Jeffries as the Congressional Caucus Chair.

Pelosi Wins Democratic Caucus Nomination for Speaker

Hakeem Jeffries Wins Democratic Caucus Chair Race Against Barbara Lee

Now, what exactly does that mean for Detroit?

Let us begin with the City of Detroit Election Commission.

Detroit Election Commission

The Detroit Election Commission consists of the City Clerk, Janice Winfrey, Corporate Counsel, Larry Garcia, and the Mayor Pro Tem, Brenda Jones, who just so happened to be a Democratic Candidate for the 13th Congressional District Special Election.

Brenda won but the Primary Election was so jacked.

Really jacked.

I mean jacked beyond belief.

The Primary Election was so jacked the Wayne County Board of Canvassers had to pass it off the State Board of Canvassers who has yet, as of this posting, to certify and record the Primary Election of 2018.

The following is a complaint by a 2018 Primary Election worker, Yvonne Cross, to Janice Winfrey on the fraud that took place on her watch.

Detroit Election Commission... by on Scribd

Janice told Yvonne that she was to come testify in front of the Detroit Election Commission, but the day of the hearing, she told Yvonne that it was cancelled and that her complaint would be sent to the State Board of Canvassers where she would testify in Lansing.

But that never happened.

So, I am posting Yvonne's complaint so the public can learn what went on in her precincts, oh, and also to let the public know that the Detroit Election Commission threw her complaint in the trash.

Now, you understand why the Primary Election, including the Special Election, could never, ever be certified, but it was.

Wayne County Board of Canvassers

Jonathon Kinloch presides as chair of the Wayne County Board of Canvassers.

MINUTES OF MEETING WAYNE COUNTY BOARD OF CANVASSERS 2018 Primary Election Certification 8-21-2018 by Beverly Tran on Scribd

Wayne County Clerk has no record
of my vote for the 2018 Primary
and Special Elections.

The vote was never certified because it never addressed any of the Primary Election, including the Special Election complaints, or irregularities, as witnessed above.

As a matter of fact, I can prove my vote and the majority of the vote of my Precinct were not counted.

Kinloch certified the 2018 Primary Election but not the Special Election because there is no report and it was deferred to the Michigan Secretary of State Board of Canvassers.

Michigan Secretary of State Board of Canvassers

These are the members of the State Board of Canvassers:

Chair: Norman D. Shinkle - Republican
Vice-Chair: Julie Matuzak - Democrat
Jeannette Bradshaw - Democrat
Colleen Pero - Republican


Jeannette Bradshaw was not in attendance for the certification of the 2018 Primary & Special Elections.

Her absence was wise because the certification and recording of the vote becomes partisan, and that is never a good thing, particularly when dealing with such a historic and litigious action.

The 2018 Special Election was never certified nor recorded, because the Wayne County and Michigan Board of Canvassers never certified nor recorded the vote for the 13th Congressional District.

So, if the 13th Congressional District Special Election was never certified, nor recorded, that would mean that the rest of the Primary Elections could not be certified.

Michigan Board of Canvassers Certification of Wayne County 2018 Special Election Minutes 08-24-18 by Beverly Tran on Scribd

So, this takes us to the next lever for certification of the vote.

The U.S. Speaker of the House

Paul Ryan, U.S. Speaker of the House of Representatives115th Congress

Paul Ryan is the U.S. Speaker of the House of Representatives for the 115th Congress.

How can Paul Ryan

Paul Ryan was mean to my Sweetie.

Nancy Pelosi was mean to my Sweetie.

Paul Ryan and Nancy Pelosi are going to be mean to my Sweetie, again.

How Congress can pass a special resolution enter the recording of the certification of the 2018 Special Election if it was never certified?

http://clerk.house.gov/floorsummary/floor.aspx

NOTE TO SELF: PULL H.R. 1161 ONCE THE INK DRIES FROM THE HOPPER

How is Paul going to swear in Brenda if there is not even a vote count for the 2018 Special Election?

How is Nancy going to swear in Rashida Tlaib in the 116th Congress when the 2018 elections were so jacked up?

It does not matter because Hakeem Jeffries now possesses the powers to initiate expulsion.

But hey, what do I know

I know that you need to get popcorn.

We are dealing with "Legal Geniuses" (trademark pending) so you are definitely going to need cocktails for this one, too.

Jones to be sworn into Congress after deal reached

Washington — Democrat Brenda Jones is expected to become Michigan's newest congresswoman when she takes the oath of office Thursday after U.S. House leaders reached a deal on seating her. 

It is the first time Michigan's 13th District will have representation in the U.S. House in nearly a year, since the resignation of former Rep. John Conyers Jr. last December.

Jones, 59, of Detroit will only serve a matter of weeks until January after winning a special election this month to finish out Conyers' term. She lost her bid to replace Conyers next year to former state Rep. Rashida Tlaib of Detroit.

House Speaker Paul Ryan had delayed seating Jones in part because she has not stepped down from her position as president of Detroit City Council, and there's no precedent for an individual to serve in the U.S. House while holding locally elected office.

“The House had a precedent dating from 1909 that made clear that service as both a member of Congress and a state or local official were not compatible. However, Ms. Jones was duly elected by the constituents of the 13th District of Michigan," Ryan spokeswoman AshLee Strong said Thursday.

"Ms. Jones has written the speaker and indicated that she will abide by guidance from the Ethics Committee to minimize the conflict between her service as a member and her duties on the Detroit City Council during the short time she’s here. The House will carve out a narrow exception to the 1909 precedent."

Prior to the administration of the oath around noon Thursday, the House is expected to adopt a resolution authorizing Ryan as speaker to swear in Jones, effectively creating an exception to the earlier precedent.

Under the deal between Ryan and Democratic Leader Nancy Pelosi, Jones may accept no pay from Detroit's council and participate in no council votes while serving in Congress — conditions advised by counsel to the House Ethics Committee and which Jones previously attested to.

Ryan's office had previously warned that any House member could have objected to Jones holding two offices, at which point the matter would have been referred to the House Committee on Administration. 

While the Constitution doesn't prohibit members from simultaneously holding state or local office, the House has historically taken the position that "high state office is incompatible with congressional membership," as stated in the House Ethics Manual.

But Jones this week released a copy of the unofficial opinion provided by counsel for the House Ethics Committee that said her position with Detroit City Council "does not appear to be incompatible" with her potential position in the U.S. House.

The Ethics Committee counsel said Jones' dual office-holding is only compatible given the "very limited time" Jones would be representing Michigan; given that she does not accept compensation from the council (including back pay); and given the council remains in recess during her term in Congress.

The opinion gave the example of a mayorship that overlapped three days with a House position and was not considered an incompatible office by the Ethics Committee when the House member did not accept pay for the mayoral position and recused from all work on behalf of the city for that time. 

The House precedent from 1909 that Strong referred to relates to GOP Rep. George L. Lilley, who was sworn in as governor of Connecticut without resigning his House seat.

In Lilley's case, the Judiciary Committee determined that serving as governor and congressman to be incompatible and recommended vacating the office and removing Lilley's name from the clerk's rolls. The House later agreed to a resolution to that effect. 

Jones' brief stint in the House will likely be among the shortest in history but won't set a record.  

That distinction belongs to George Sheridan and Effingham Lawrence of Louisiana, who both served for one day only on March 3, 1875 — the final day of the 43rd Congress.

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: The Michigan 2018 General Election Certification Enters The Recount Phase - 11-28-2018 - Where Is Marc Elias?

"I am not a bully. I am the Celestial Goddess of the Woodshed."

Recently on Cocktails & Popcorn, Adam Hollier magically made himself a Senator, while Rashida Tlaib refuses to say anything about the Detroit Land Bank Authority and Brenda Jones is on her way to D.C., even though she will not be sworn in because the Michigan 2018 Primary & General Elections have yet to be certified by the Wayne County Board of Canvassers or the Michigan Secretary of State Board of Canvassers.

http://rashidatlaib.com

See, it goes like this.

Brenda Jones asked House Ethics Committee if she had to resign from Detroit City Council.

House Ethics Committee said, "Nope", but did not go into detail, so I will.

See, House Speaker, cannot swear anyone in until the election is certified.

Since the election is not certified, she does not have to resign.

So, when she goes up to D.C. and does her own magical congressional stuff, she might just be arrested on the spot for impersonating an elected official, or something like that, because she cannot be sworn in, because the election is not certified, nor recorded.

How do I know the election is not recorded or certified?

Well, all you have to do is read the official notice of the Michigan Board of Canvassers announcing the November 28, 2018 deadline for Recount Petition Filing Deadlines, below, but let us examine the legal citation of the Notice:

MICHIGAN ELECTION LAW (EXCERPT) Act 116 of 1954
168.879 Petition for recount; requirements; good-faith belief in winning; petition by state political party chairperson; recount and preservation of ballots; report; authority of legislature. 

Sec. 879.
(1) A candidate voted for at a primary or election for an office may petition for a recount of the votes if all of the following requirements are met: 

(a) The office is an office for which the votes are canvassed by the board of state canvassers under section 841 or is the office of Representative in Congress, state representative, or state senator for a district located wholly within 1 county. 

(b) The petition alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by the inspectors of election, or by a board of county canvassers or the board of state canvassers. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election. The petition must contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification. 

(c) Except as otherwise provided in this subdivision, the petition for a recount is filed not later than 48 hours following the completion of the canvass of votes cast at an election. If the recount petition relates to a state senatorial or representative district located wholly within 1 county or to the district of a Representative in Congress located wholly within 1 county, the petition for a recount must be filed not later than 48 hours following the adjournment of the meeting of the board of state canvassers at which the certificate of determination for that office was recorded under section 841. However, for a special election for Representative in Congress, state senator, or state representative for a district located wholly within 1 county, the petition for recount must be filed not later than 48 hours after the certificate of determination is filed with the secretary of the board of state canvassers. 

(d) The petition is presented to and filed with the secretary of state. 

(e) The petition is written or printed and is signed and sworn to by the candidate. 

(f) The petition sets forth as nearly as possible the nature and character of the fraud or mistakes alleged and the counties, cities, or townships and the precincts in which they exist. 

(g) The petition specifies the counties, cities, townships, and precincts in which the recount is requested. 

(h) If the office is the office of state representative, a copy of the petition is filed with the clerk of the house of representatives. If the office is the office of state senator, a copy of the petition is filed with the secretary of the senate. 

(2) If a state senatorial race is determined by a vote differential of 500 votes or less or a state representative race is determined by a vote differential of 200 votes or less, the chairperson of a state political party may petition for a recount of the votes on behalf of a candidate in that race in the manner prescribed in subsection (1). Notwithstanding subsection (1)(b) and (f), the petition filed under this subsection need not allege fraud or mistake. Notwithstanding subsection (1)(e), the petition must be signed by the chairperson of the state political party filing the petition under this subsection. 

(3) The ballots in a precinct petitioned for recount in a legislative contest must be recounted for that office by the board of state canvassers and must be preserved until the contest is disposed of under the rules of the legislative body that takes office beginning in January following the contested general election. In legislative recounts of a special general election, ballots in a precinct petitioned for recount must be preserved until the contest is disposed of under the rules of the legislative body serving at the time the report in subsection (4) is filed. 

(4) Upon the completion of a recount for a legislative office, the board of state canvassers, in addition to the certification required by section 892, shall forward to the appropriate legislative body a report of the results of the recount. 

(5) This section does not limit the authority of the legislature under section 16 of article IV of the state constitution of 1963.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1973, Act 157, Imd. Eff. Dec. 6, 1973 ;-- Am. 1980, Act 61, Imd. Eff. Apr. 1, 1980 ;-- Am. 1995, Act 261, Eff. Mar. 28, 1996 ;-- Am. 1999, Act 216, Imd. Eff. Dec. 28, 1999 ;-- Am. 2018, Act 128, Eff. Aug. 1, 2018 Popular Name: Election Code

According to MCL 168.879(1), it states, in part:

 A candidate voted for at a primary or election for an office may petition for a recount of the votes.

According to MCL 168.136, it states, in full:

If for any reason there is no candidate of a political party for the office of representative in congress, a blank space shall be provided on each of the official primary ballots that affords every elector of the political party an opportunity to vote for a candidate for that office by writing in the name of his or her selection.

So, I guess this means if someone wrote in the name of someone on the official Primary Ballot, that someone would be a candidate, and, as such, would be able to petition on fraud under MCL 168.879(1)(b).

(b) The petition alleges that the candidate is aggrieved on account of fraud or mistake in the canvass of the votes by the inspectors of election or the returns made by the inspectors of election, or by a board of county canvassers or the board of state canvassers. The candidate must be able to allege a good-faith belief that but for fraud or mistake, the candidate would have had a reasonable chance of winning the election. The petition must contain specific allegations of wrongdoing only if evidence of that wrongdoing is available to the petitioner. If evidence of wrongdoing is not available, the petitioner is only required to allege fraud or a mistake in the petition without further specification. 

Now, considering the fact that the 2018 Primary Election has not been certified by the Wayne County Board of Canvassers, having been deferred to Michigan Board of Canvassers, where there has yet been any certification or recording of the vote, where we still do not know who all the write-in candidates are, that would mean one of these write-in candidates have legal ground to file a petition for recount.

Unfortunately, a Primary Recount is going to be a tad bit difficult, unless the ballots are preserved, which would mean that the Department of Justice and Department of Homeland Security would have to execute its orders to preserve the integrity of voting rights to examine if there has been any ballot fraud, particularly absentee ballot fraud.

Then, the report goes through one last process pursuant to MCL 168.879(3):

(3) The ballots in a precinct petitioned for recount in a legislative contest must be recounted for that office by the board of state canvassers and must be preserved until the contest is disposed of under the rules of the legislative body that takes office beginning in January following the contested general election. In legislative recounts of a special general election, ballots in a precinct petitioned for recount must be preserved until the contest is disposed of under the rules of the legislative body serving at the time the report in subsection (4) is filed. 

Since we are also dealing with a Special Election, MCL 168.879(4) states that the report of the recount results would be forwarded to the appropriate legislative body, which may just be the U.S. House Judiciary, which would probably refer it to the Department of Justice Office of Inspector General, who would probably refer it to the Office of Special Counsel.

(4) Upon the completion of a recount for a legislative office, the board of state canvassers, in addition to the certification required by section 892, shall forward to the appropriate legislative body a report of the results of the recount. 

Of course, MCL 168.879(5) recognizes the powers of the Michigan Constitution:

(5) This section does not limit the authority of the legislature under section 16 of article IV of the state constitution of 1963.

Then again, Section 16 of Article IV of the Michigan Constitution identifies the legislators, including the Congress, as the final arbitrator of the integrity of the election through expulsion:

Sec. 16.
Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall not adopt any rule that will prevent a majority of the members elected thereto and serving therein from discharging a committee from the further consideration of any measure. Each house shall be the sole judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected thereto and serving therein, expel a member. The reasons for such expulsion shall be entered in the journal, with the votes and names of the members voting upon the question. No member shall be expelled a second time for the same cause.

But hey, what do I know?

I know the recount petition filing deadline elapses 48 hours after the adjournment of the Board of State Canvassers meeting at which the results were certified as official, which was November 26, 2018, but I did not attend the meeting, so there is a possibility that the statute is tolling as of this posting.

I know if the Michigan 2018 General Election is not certified, let alone recorded and we should expect a petition, or Grand Jury indictments, or something like that because I wrote in my candidate for the 2018 Primary Election, which is still not certified or recorded.

I also know that these pseudo-elected candidates should know all this, considering that they really, really want to be public officials doing public official stuff like preserving voting rights by respecting the integrity through due process in elections, and not interfering in a federal investigation of fraud by way of public posturing, or clowning, as a more colorful descriptive, before being officially sworn in.

One woman, one vote.

Has anyone heard from Marc Elias lately?

Michigan Board of Canvassers General Election Recount Filing Deadline Announcement 11-26-2018 by Beverly Tran on Scribd

I cannot wait to see how they recount an election that was so jacked up.

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: How Can Michigan Board Of Canvassers Certify Or Record The 2018 General Election When The Primary Has Not Even Been Certified Or Recorded?

2018 has been a bountiful year for nullifications. I hear 2016 was even more robust.

On November 26, 2018, at 2:00 p.m., the Michigan Board of Canvassers will meet to address:

• Canvass and certification of the results of the November 6, 2018 general election. 
• Recording the results of the following special elections held November 6, 2018: 
• The results of the Wayne County canvass for the special election for the office of U.S. Representative in Congress, 13th District, partial term ending January 3, 2019. 
• The results of the Wayne County canvass for the special election for the office of State Senator, 2nd District, partial term ending January 1, 2019. 
• The results of the Ingham County canvass for the special election for the office of State Representative, 68th District, partial term ending January 1, 2019. 

This should be fun considering the Board has yet to certify and record the August 7, 2018 Primary Election.

I do not believe Adam Hollier got the notice.

Would someone please be so kind to forward this to him.

Michigan Board of Canvassers Notice On Certification and Recording of November 6, 2018 Elections by Beverly Tran on Scribd

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Wayne County 2018 Election - DOJ Has This Race

"Hold on, DOJ has this race."

The Michigan 2018 Primary Elections for Wayne County have yet to be certified by the Secretary of State Board of Canvassers.

https://mielections.us/election/results/2018PRI_CENR.html

The best part of all of this is that not one candidate who has been elected has dared to raise this fact in public.

Voting Rights will be with you, shortly.

Wayne County, Michigan Elections Results Press Release on Election Results 11-6-2018 by Beverly Tran on Scribd

Wayne County, Michigan Write in Primary Election Results 8-7-2018 by Beverly Tran on Scribd

Voting is beautiful, be beautiful ~ vote.©

What Do Wayne County & Broward County Have In Common?

Q: What do Wayne County, Michigan and Broward County, Florida have in common?

A: A County Election Commission DOJ Voting Rights Task Force investigation!

That is correct, the 2018 Primary Election Results for both states have yet to be certified.

FUN FACT! DETROIT CITY COUNCILWOMAN BRENDA JONES SAT ON THE CITY OF DETROIT ELECTIONS COMMITTEE FOR 2016 & 2018!

I wonder if Marc is going to have time in his busy schedule, shuttling between Detroit and D.C., to properly handle this Florida case.

Everywhere in Wayne County there seems to be an issue with these absentee ballots.

#perkinscoiesucks

RUBIO WARNS: DEMS ARE ACTIVELY TRYING TO STEAL THE FLORIDA ELECTION

Florida’s Broward County Supervisor of Elections Brenda Snipes, head of Broward County’s election board, has repeatedly been accused of misconduct.

The Florida governor and Senate races could lie in her hands. A lawyer tied to the Democratic National Committee and Fusion GPS, the group behind the Steele dossier, has now gotten involved in a recount effort. Republican Florida Sen. Marco Rubio said Democrats are trying to “change the results” of the election, and a liberal said Snipes belongs in prison.

Republican Florida Sen. Marco Rubio is warning that the fate of his state’s governorship could hang in the hands of Florida’s Broward County Supervisor of Elections Brenda Snipes, whom he’s called incompetent for violating state and federal laws. A liberal candidate similarly painted her as incompetent and corrupt.

Democratic gubernatorial candidate Andrew Gillum initially conceded the Florida race to Republican Ron DeSantis, but backtracked after vote totals changed Thursday, narrowing the gap to less than half a percent in both the gubernatorial and senatorial races.

Broward County is often the slowest of the state’s 67 counties to count votes, and its election department has repeatedly been faulted for wrongdoing.

Now, Perkins Coie lawyer Marc Elias has been enlisted in a recount effort. Democratic Sen. Bill Nelson is retaining Elias, who said it’s “not plausible” that, as Broward statistics suggest, 14,000 people voted in sometimes-obscure state-level races but left the Senate one blank. Republican Gov. Rick Scott, who, by initial appearances, beat Nelson in a race for Senate, said Elias will use aggressive techniques to “steal” the election.

Elias worked for both the Hillary Clinton campaign and the DNC during the 2016 election, even before the 2016 presidential candidate became the Democratic nominee, when the two were supposed to be independent. Perkins Coie also hired Fusion GPS during that election to investigate then-candidate Donald Trump, which ultimately resulted in an unverified dossier being sent to the FBI. “Democrat lawyers are descending on Florida,” Rubio tweeted Thursday. “They have been very clear they aren’t here to make sure every vote is counted. They are here to change the results of election; & Broward is where they plan to do it.”

Now democrat lawyers are descending on #Florida. They have been very clear they aren’t here to make sure every vote is counted.

- They are here to change the results of election; &
- #Broward is where they plan to do it.#Sayfie

4/6

— Marco Rubio (@marcorubio) November 8, 2018

“Bay County was hit by a Cat 4 Hurricane just 4 weeks ago, yet managed to count votes & submit timely results,” the Florida Republican continued. “Yet over 41 hours after polls closed Broward elections office is still counting votes?” Rubio also pointed out that Snipes “doesn’t know how many ballots are left to be counted” and that she isn’t regularly reporting results, which are “chipping away at GOP leads.”

#Broward supervisor:
- says she doesn’t know how many ballots are left to be counted; &
- Isn’t reporting hourly or regularly,but rather releasing thousands of additional votes,often in the overnight hours,that are chipping away at GOP leads

2/6 #Sayfie

— Marco Rubio (@marcorubio) November 8, 2018

A liberal college professor who ran for Congress challenging Democratic Rep. Debbie Wasserman Schultz from the left, Tim Canova, made similar statements. Wasserman Schultz resigned as head of the Democratic National Committee (DNC) after leaked emails showed party officials seeking to rig the 2016 presidential primary against Independent Vermont Sen. Bernie Sanders, but she continues to represent the Broward area in the House.

It’s now close to 43 hours since the polls closed and Brenda Snipes STILL doesn’t know how many votes are left to count! The results in my race are IMPOSSIBLE to believe. WATCH her explain in video below! https://t.co/1RyQ5cLsN4

— Tim Canova (@Tim_Canova) November 8, 2018

A judge found in August that Snipes improperly handled mail-in ballots, and ordered her not to open mail-in ballots in secret after the Republican Party complained. Snipes’s defense rested on a claim that she didn’t know what the word “canvassing” meant, even though she is on the county’s Canvassing Board.

In May, a judge found that Snipes’s office broke the law by destroying ballots in the 2016 race between Wasserman Schultz and Canova. Canova told The Daily Caller News Foundation that in that case, “they claimed to not know the difference between a federal and state investigation. They claim to be incompetent, but my impression is it’s partly a ruse.”

Polling and early-voting results showed him performing well in 2016, then the reported results rapidly shifted to favor Wasserman Schultz, leading him to suspect manipulation. “So we put in a public records request to inspect some of the ballots, and if inspecting the paper ballot matched up, then it’s done, it will satisfy everyone,” Canova told TheDCNF. ” But the supervisor of elections stonewalled me for months.”

 “I was told they didn’t have scanned images, even though on election night they put the ballots through a scanner.

So we filed a discovery request to see the paper ballots,” he continued. “Three days later [Snipes] signed an order to destroy the ballots and certified that they were not the subject to ongoing litigation.”

“Her excuse was she just signed anything put in front of her and didn’t read it,” Canova said. “Then she said the ballots were put in the wrong place and that’s why they were destroyed. She concealed the destruction for two weeks.” Snipes’s position is an elected one, and she is a Democrat. Canova said even though Snipes admitted to destroying the ballots in a videotaped deposition, the government continued to fight the case. 

“They’re using taxpayer money while bleeding us dry.” Canova questioned why Scott and state Attorney General Pam Bondi, who’s also a Republican, didn’t pursue Snipes for criminal prosecution. He said she could face felony charges that carry five years in prison.

 “We’re dealing with organized crime. I just don’t trust anything that comes out of this office,” he said. He said Republicans had joined with him to try to defeat Wasserman Schultz, saying “I might not agree with Tim about Medicare for All, but this about integrity, this is about getting out corruption.”

She sure wasn't happy in her sworn deposition where she ADMITS to illegally destroying all YOUR paper ballots in my 2016 race against Wasserman Schultz. Watch/Listen to Snipes' LAME EXCUSE for committing felonies yet to be investigated by law enforcement. https://t.co/6LOct7zVG6 pic.twitter.com/MNA6SwrnCA

— Tim Canova (@Tim_Canova) November 8, 2018

Canova posted video of people putting bags of ballots into private vehicles, including a sports car.

Caught On Video: Concerned citizen sees ballots being transported in private vehicles & transferred to rented truck on Election night. This violates all chain of custody requirements for paper ballots. Were the ballots destroyed & replaced by set of fake ballots? Investigate now! pic.twitter.com/GUPZnz7Gny

— Tim Canova (@Tim_Canova) November 8, 2018

Rubio also retweeted that a teacher said found a box of provisional ballots left behind at a school after Election Day.

In Broward County, Miramar Elementary School teacher Lakeisha Sorey came across a box labeled “Provisional ballots” left behind at the school from Election Day & she’s concerned it might have votes. She didn’t look in the box because she didn’t want to tamper with it pic.twitter.com/x8WOa8tfKz

— Marc Caputo (@MarcACaputo) November 8, 2018

I’m looking forward to the day when Brenda Snipes, Broward Elections Supervisor, goes to prison for destroying every ballot cast in 2016 primary. I’m looking forward to the day when we can inspect the software for the electronic voting machines that supposedly counts every vote. https://t.co/CoEVljiRVg

— Tim Canova (@Tim_Canova) November 8, 2018

Snipes did not return a request for comment. Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Wayne County Fired ElectionSource For Jacking The 2018 Primary Election Days Before The General Election

If there were inaccuracies in the Primary Election, then that means the Primary Election for the 13th Congressional District is nullified.

It probably had something to do with the absentee ballots, but, hey, what do I know?

I guess that is why the Wayne County Board of Canvassers deferred certification of the vote to the State Board of Canvassers, who then deferred to...well, we do not know because the vote has yet to be certified or recorded.

Go vote, we need the data.

Wayne Co. dumps election vendor, saying problems remain

https://www.electionsource.com/

Wayne County officials are dumping a software company used to display election results , saying the vendor hasn't fixed issues that led to delays and inaccuracies in the primary with another election less than a week away.

The county clerk said ElectionSource, the vendor used for election results since November 2017, has not completed fixes to its web-based reporting system.

"Less than a few days before the election, ElectionSource has not completed the improvements and at this late juncture we are not going to utilize something that we haven’t been able to thoroughly test,” said Wayne County Clerk Cathy Garrett.

I wonder if she has tested the alternative, if there is an alternative emergency response election plan, which I highly doubt, knowing what I know.  Someone, like...hmmm...I dunno, like the U.S. Attorney General, can easily challenge the General Election results, based upon this theory.

Garrett said in a statement Thursday that the county elections staff has been "working diligently with the web-based reporting vendor, ElectionSource, to prepare for a seamless night of web-based reporting on November 6, 2018."

Wayne County began using ElectionSource in May 2017 . A glitch in the vendor's software resulted after the website received more data than ElectionSource anticipated, county and ElectionSource officials said. You can find out how many people are eligible to vote in advance through the Clerk's Office.

The stall resulted in reporting fluctuations before Garrett instructed Electionsource to take their web-based reporting offline, the county said. The county also said the web-based results had no correlation to the unofficial tabulated results received by the Wayne County Elections Division.

Garrett said the vendor has not corrected its system and they will not use web-based reporting for Tuesday's election.

“I’d rather have accuracy than a glossy presentation," Garrett said in a statement. "An interactive web-based results page won’t matter if the information isn’t timely or properly displayed."

Jewel Ware, Wayne County Commission vice chair pro tempore called for an investigation into the system, saying in August that the glitch was "extremely problematic as the voting process should be error free as well as voters should know the process is without issues.”

In a statement Friday, Ware said she supports the decision to part ways with the software company. “I am in favor of making this change now, but we still need to look at a long term solution for future elections,” she said.

Wayne County Elections Division previously created PDF reports, which were uploaded to the Wayne County Clerk's website.

"This is a much less interactive method for viewing results by the public, but it is the only method available to Wayne County at this time," said a county press release.

Results summaries on election night can be found at the link for Wayne County’s Unofficial Elections: www.waynecounty.com/elected/clerk/election-results.aspx.

If there are no official results for the primary, that would tend to lead some to believe there would be no official results for the general election.

Voting is beautiful, be beautiful ~ vote.©

Cocktails & Popcorn: Detroit City Council President Brenda Jones Is Not Going To Resign For Congress

"They should never have been mean
to your Sweetie. Join me for a cocktail."

Ssshhhh....

Would you like to know a little secret as to why Brenda Jones will not resign from her seat on Detroit City Council?

Of course, you would.

The 2018 Michigan Primary Election has yet to be certified or recorded.

Besides, she knows there is a myriad of ongoing legal activities, from multiple law enforcement entities, examining the reasons why the 2018 Michigan Primary Election has yet to be certified or recorded.

Lack of precedent clouds Brenda Jones' bid for Conyers seat

Washington — House Republican leadership says there's no precedent for allowing Detroit City Council President Brenda Jones to hold seats in both Detroit and Congress.

"There isn’t historical precedent for allowing the holding of two offices, but this is something we are evaluating," House Speaker Paul Ryan spokeswoman AshLee Strong told The Detroit News.

It means Jones' seating in Congress could be open to challenge if she aims to keep her City Council seat while serving a seven-week stint in the U.S. House of Representatives after the Nov. 6 midterm elections.

Jones, who turns 59 this week, won a special election primary to complete the term of former U.S. Rep. John Conyers Jr., D-Detroit, but lost a separate primary for the full two-year term to former state Rep. Rashida Tlaib.

Jones, a Democrat, is expected to win the special general election for the unexpired term, as no Republican is on the ballot.

Her campaign did not respond Tuesday to a request for comment. Jones has not said whether she intends to resign her elected city post before taking office in Washington, saying last month she's consulting with experts.

Jones intends to serve in Washington, D.C., said Jonathan Kinloch, chairman of the 13th Congressional District Democratic Party. He doesn't expect her to resign her council seat for a few weeks in a "lame duck" Congress.

Jonathan Kiniloch, 13th Congressional District
Democratic Party Chair - Michigan

"That would just be so, so devastating for us to have gone through this primary election, have a nominee, and then the House refuses to seat Brenda Jones. That would be devastating and just a travesty," Kinloch said.

The seat has been vacant for nearly 11 months since Conyers resigned in December, he said.

"We need a voice. Every vote counts, especially in this current climate in Washington. She needs to be there. She needs to be voting," Kinloch said.

A century of precedent

For more than a century, incoming House members have resigned from incompatible offices — such as the president of a city council — rather than force the House to litigate the issue, a senior House aide said.

If Jones moves forward with serving in both offices simultaneously, the aide said, any House member could object to her being sworn into office.

At that point, the House would need to determine how to decide the matter, likely adopting a resolution referring the matter to a committee for further consideration, the senior aide said.

Last month, Jones said she had asked the House Ethics Committee and other "establishments" whether she can serve simultaneously in both offices.

"I have reached out to several establishments to get another opinion," she said last month.

"Of course, I’m not going to say that it matters or doesn’t matter, but I do want to know everything before I make a decision.”

Detroit's Law Department has opined that neither state law nor the city charter prohibits Jones from serving in Congress while maintaining her council seat, noting that House rules don't explicitly prohibit it.

Analysis: Jones not barred from dual offices

Kinloch said he sees no conflict of interest between the elected offices, in part because Detroit City Council is expected to be in recess when Jones would be serving in Congress in late November and December.

"She won’t have any official votes she’d be taking on the City Council then," he said. 

"I hope the ruling by the House Ethics Committee is consistent with the city’s corporation counsel, and she’s able to serve those few weeks."

If the concern is over Jones' receiving compensation for both offices, she could waive her city salary during that time, Kinloch added.

'Incompatible' with Congress

The House Ethics Manual offers reasons why holding state and local office is discouraged, including the "full-time nature" of House membership and the "manifest inconsistency of the respective duties of the positions."

The Constitution doesn't prohibit House members from simultaneously holding state or local office, but the House has determined that "a high state office is incompatible with congressional membership," according to the manual.

The manual advises House members who are weighing dual office-holding to consult with the Ethics Committee, which has declined to comment on Jones' case.

Paul Ryan, Speaker of the U.S. House of Representatives

If Jones were headed to Washington to serve a full two-year term, the Ethics Committee would likely tell her she has to resign her City Council position based on House precedent, said attorney Rob Walker, former chief counsel and staff director of the Senate and House ethics committees.

“Given the short period of time that she’d be holding both offices, maybe the Ethics Committee will say you can go ahead and do it," said Walker, now of counsel at the firm Wiley Rein in Washington.

"I think it would be better that she not put them in that position, because it’s a precedent they’re not going to want hanging around for the future."

The committee would likely view the situation as a conflict of fiduciary obligations, even if Jones' constituencies arguably overlap, Walker said.

"They’re two different offices, and you’d be serving the people through two different institutions," he said. "And the interests may not always align.”

Hoping for inaction?

Even if the Ethics Committee says no, Jones could take the seat and count on the Ethics Committee not acting quickly enough on her case before her abbreviated term is up.

“I’m certainly not advising that as a course to be taken," Walker added.

The last time the House acted on a similar issue was in 1909 when the body vacated the seat of Republican Rep. George L. Lilley of Connecticut, who was sworn in as governor of Connecticut without resigning his House seat.

In Lilley's case, the Judiciary Committee determined that serving as governor and congressman to be incompatible and recommended vacating the office and removing Lilley's name from the clerk's rolls. The House later agreed to a resolution to that effect.

In the Senate, New York Attorney General Jacob Javits didn't show up to be sworn in with the rest of the senators in January 1957, waiting almost a week more before resigning his position as attorney general and taking the oath of office in the Senate. In that case, no one objected to his taking the oath.

Jones' term in the U.S. House is expected to start after the general election results are certified in mid-November, concluding Jan. 2, 2019. 

Voting is beautiful, be beautiful ~ vote.©