Law governing Michigan Board of State Canvassers (lacks discretion to take additional time)

[Nevilledog]

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Steven C. Liedel
@SCLiedel
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The Michigan Board of State Canvassers lacks discretion to take additional time to certify state results if the Secretary of State presents complete returns from the county canvasses.

It's duties are ministerial and mandatory under the Michigan Election Law.

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9:26 AM · Nov 22, 2020

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The Michigan Board of State Canvassers lacks discretion to take additional time to certify state results if the Secretary of State presents complete returns from the county canvasses.

It's duties are ministerial and mandatory under the Michigan Election Law.

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"The board of state canvassers SHALL canvass the returns and determine the result of all elections for electors of president and vice president of the United States..."

MCL 168.841(1).

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"Upon making the determination, the board of state canvassers SHALL IMMEDIATELY prepare a certificate of determination and deliver the properly certified certificate of determination to the secretary of state."

MCL 168.841(1)

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"Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, AT ITS NEXT MEETING, SHALL record the results of the county canvass contained in the certificate."

MCL 168.841(2).

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"When the board of state canvassers meets to canvass the returns and determine the result of any election, the secretary of state SHALL lay before the board the statements received by him [sic] of the votes given at such election in the several counties."

MCL 168.843.

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"The board of state canvassers SHALL EXAMINE the statements received by the secretary of state of the votes cast in the several counties AND PREPARE a statement showing the total number of votes cast for all candidates for each office, . . ."

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". . .the names of the persons for whom such votes were cast, the number of votes cast for each of such persons, the total number of votes cast on each constitutional amendment and proposition which may have been submitted, . . ."

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"...and the number of votes cast for and the number of votes
cast against each such constitutional amendment and proposition."

MCL 168.844.

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"The board of state canvassers, for the purpose of canvassing the returns and ascertaining and determining the result of an election, SHALL meet at the office of the secretary of state on or before the twentieth day after the election."

MCL 168.842(1).

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"The secretary of state SHALL appoint the day of the meeting [November 23, 2020] and SHALL notify the other members of the board."

MCL 168.842(1).

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"The board has power to adjourn from time to time to await the receipt or correction of returns, or for other necessary purposes, but SHALL complete the canvass and announce their determination not later than the fortieth day after the election."

MCL 168.842(1).

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"The board may at the time of its meeting, or an adjournment of its meeting, canvass the returns for any office for which the complete returns have been received."

MCL 168.842(1).

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This means if the Secretary of State has laid before the Board has all of the required returns from the county canvasses.

If the Board has all of the required returns, it has no discretion. It must certify the results.

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"The members of the board of state canvassers SHALL certify as to the correctness of the statement provided for in section 844 and subscribe their names to the statement."

MCL 168.845.

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"The members of the board of state canvassers SHALL determine which persons have been duly elected to each office and which constitutional amendments and propositions, if any, have been approved or rejected."

MCL 168.845.

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The board may adjourn from time to time, but adjournment would require at least 3 votes, including from at least 1 member nominated by each political party.

And it only may adjourn for specified purposes consistent with their duties.

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The board can adjourn only for the following reasons:

(1) to await returns (all have been received);

(2) to await corrected returns (there are no corrections);

(3) for other necessary purposes.

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Conducting an investigation is not a necessary purpose.

The legislature has vested the authority to conduct investigations in the Secretary of State, not the Board of State Canvassers under MCL 168.31(1)(h).

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"Because the Legislature failed to provide the board with authority to investigate and determine whether fraudulent representations were made by circulators of an initiative petition, we hold that the board has no statutory authority to conduct such an investigation. . ."

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"... Moreover, an attempt by the board to go beyond its authority as clearly outlined in the Constitution and statutes undermines the constitutional provision that reserves for the people of the state of Michigan the power to propose laws through ballot initiatives."

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- Michigan Civ Rights Initiative vs Bd of State Canvassers, 268 Mich Ct App 506, 520 (2005).

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Willful neglect of duty is a crime in Michigan.

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Image
It neither a threat nor intimidation for a Michigan citizen to demand that a member of the Board of State Canvassers do his or her job.

It is the citizen's right.

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Michigan's Constitution begins with the following sentence:

"All political power is inherent in the people." Const 1963, art 1, sec 1.

🇺🇸

#MIGov #Election2020 #RespectTheResults #PowerToThePeople

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[pat_k]

1. Plus 168-822 and 168-878

MICHIGAN ELECTION LAW Act 116 of 1954

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

Procedure if a county fails to complete canvas by the 14th day after the election. (All records go to the board of state canvassers, who much make the "necessary determinations and certify the results wihin 10 days immediately following the reciept of the records."

Absent a county's failure to complete, there is no procedure for conducting some independent process by the state board.

168.878 Construction of sections; action against board of state canvassers by mandamus.

Nothing in the following sections of this chapter contained shall be construed to repeal any action or remedy which may now exist by reference of any controversy to the courts, except that any proceeding intended to restrain, enjoin, modify, control or otherwise interfere with the action of the board of state canvassers, the board of county canvassers or any other representative of the board of state canvassers operating under the provisions of the following sections of this chapter, shall be instituted only against the board of state canvassers and by no other action than mandamus.

Given the laws mandating action (OP), a petition for writ of mandamus would certainly be granted.

Mandamus
Overview
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

[hlthe2b]

2. It does say they have until the 40th day following election to announce their determination, however

"The board has power to adjourn from time to time to await the receipt or correction of returns, or for other necessary purposes, but SHALL complete the canvass and announce their determination not later than the fortieth day after the election."

Is this their loophole to delay?

[Nevilledog]

3. They'd have to have legitimate reason, and one of the Democrats would need to vote to adjourn.

[Cha]

4. Wow! Looks like it Shall be Good News for

Democracy!

This means if the Secretary of State has laid before the Board has all of the required returns from the county canvasses.

If the Board has all of the required returns, it has no discretion. It must certify the results.

TY, Nd