Key GOP Michigan canvassing board member expected to vote against certifying results

[orangecrush]

A key Republican on the Michigan canvassing board is expected to vote against certifying the state's election results on Monday, a potential boon for the Trump campaign's conspiracy theory-fueled effort to delay the finalization of results.

According to Michigan GOP Rep. Paul Mitchell, who said he spoke days ago with Norman Shinkle, one of the two GOP members on the board, Shinkle indicated last week he would vote against certifying the election results until an investigation is completed so as to push a delay even though there is no evidence of fraud or malfeasance that would necessitate such a move.
Shinkle told the New York Times that he had received hundreds of messages both favoring and opposing certification.
"You can't make up your mind before you get all the facts," he told the Times.
Shinkle has not returned CNN's requests for comment.


https://www.cnn.com/2020/11/22/politics/michigan-election-result-certification/index.html

You can bet they will both vote to make a tie.

Threats from the militia whacks, at the behest of Trumputin?

[Karadeniz]

1. I don't think he's following the law. Can he be sued? Mandamus?

[orangecrush]

5. Good question.

Perhaps one of the legal persons on DU can answer.

[triron]

6. Probably not. But the republicans ignore the law.

[StarfishSaver]

12. The state can seek a writ of mandamus in state or federal court

This is not discretionary. The law requires them to certify the counties' results.

[Septua]

24. Ditto

The canvassers don't decide who won. Their job responsibilities are explicit:

Special Note: The purpose of a canvass is to verify the proper completion of the records related to the election at hand. The investigation of alleged election law violations is not a part of the canvass.

Consequently, the Board of County Canvassers does not have the authority to pass upon the legality of
an election. In McQuade v Furgason, 91 Mich 438 (1892), the Michigan Supreme Court stated:

“(I)t is the settled law of this State that canvassing boards are bound by the return, and cannot go behind it, especially for the purpose of determining frauds in the election. Their duties are purely ministerial and clerical....”

What happens if one doesn't due their duty anyhow? Beats me. Trump keeps saying he won and continues to get away with it.

[msongs]

2. and their rewards from trump are what? nt

[Midnight Writer]

7. He'll throw him under the bus with the others.

These people are ruining themselves for nothing.

[triron]

3. State law may get in the way of their plans.

[pwb]

4. It is not a question asshole you just do the will of your voters?

Fucking freaks....

[Iliyah]

8. So they lied in their statement . . .

republican lies.

[orangecrush]

10. No surprise there.

[Kaleva]

9. Doesn't matter. courts have long ruled the board's duties are purely ministerial.

[Botany]

11. Doesn't matter it is a done deal

https://www.democraticunderground.com/10142632133

[LisaL]

13. That was county's canvassing board.

Now the state's canvassing board has to certify.

[Kaleva]

14. And state law requires them to certify the counties results.

[Doodley]

15. Even without Michigan (16 EV) and Pennsylvania (20 EV) Biden still has 270

[Takket]

16. this quote from the article is incorrect......

"It's a win-win" for the Trump team, Mitchell said, since it will either be able to delay the inevitable President-elect Joe Biden transition process or have more ammo to falsely claim Trump won the election."

Incorrect. Even if they break the law to delay the certification somehow, Biden does not need MI's EVs to eclipse 270 EVs. GA has already certified and PA will tomorrow and they've already been laughed out of court in PA.

IT

IS

OVER

at least until the sue to stop the electoral college, and the Congress accepting of the EV votes.... and every other bullship they can make up

[orangecrush]

19. Yes

But I believe this obstruction will backfire on them with most of the voting public.

[Iliyah]

17. MI will be . . .

certified on 11/23/2020, and so will PA.

[yellowcanine]

18. Could be 3-1 but if 2-2 Michigan Supreme Court will order them to certify.

And they will likely do it very quickly.

And Shinkle is not supposed to be paying any attention to messages he is receiving. He should only be paying attention to what comes from the counties and lands on his desk.

[Thekaspervote]

20. Here's what MI law says. It has absolutely no legal standing

The four-member Board of State Canvassers is split 2-2 between Democrats and Republicans. Chair Jeannette Bradshaw and member Julie Matuzak are both Democrats, while Vice Chair Aaron Van Langevelde and member Norman Shinkle are both Republicans.

What underpins a scenario of a deadlock is that the board’s duties are ministerial — meaning that their responsibility to certify election results must be performed according to established legal procedure and without exercising individual discretion.

“If the votes are there, and they’ve been certified by the counties … this board has no choice but to certify,” Brewer said.

If the board still remains deadlocked and does not act, the court has two main backup remedies. First, members refusing to certify the results could face serious consequences and be held in contempt of court, Brewer said.

Second, as a very last resort that Brewer noted he has only seen happen once or twice, the court could take the action that the board otherwise should. Essentially, the court itself would certify the election results and keep the process moving forward.


The governor does have the right to remove a member of the board for for “gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein” under Article 5, Section 10.in Michigan’s Constitution.*

More at the link

https://www.michiganadvance.com/2020/11/10/courts-could-step-in-if-theres-a-deadlock-to-certify-bidens-election/

[vapor2]

21. Not worried yet

because if he votes not to certify he is including other republicans on the same ballot. That being said, he would have some explaining to do.

[budkin]

22. He better lawyer the fuck up

Because he’ll be in deep shit.

[llmart]

23. Mitchell is my rep...

He's received many emails from me during the impeachment process and I always got the standard GOP replies that were basically just marching in lockstep with the rest of the GOPers. He announced he wasn't running again shortly after that stating that the climate in Congress had deteriorated to a point where he decided to leave.

Instead of standing up to his party he chose to quit. Just another GOP coward with no moral compass whatsoever. Now that he knows he's on his way out he is going to speak up. Thanks for nothing, Paulie.

[kansasobama]

25. It is not sufficient to let this go

Just because Biden would get 270 anyway. If we let this happen, our country is finished. No Michigan shenanigans cannot stand. This will snowball into really bad things in the future, if not very soon.