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Judge Kevin A. Elsenheimer of the 13th Circuit Court in Michigan dismissed Attorney Matt DePerno’s Antrim County lawsuit on Tuesday. The Motion for Summary Disposition filed by Secretary of State Jocelyn Benson and Antrim County was dismissed because the judge ruled that:
“There is no right either in the Constitutional section or in Statute for the independent audit that Mr. Bailey seeks. A Petitioner under Article 2, Section 4, does not get to choose his own audit criteria, rather, the Legislature has given that authority of review to the Secretary of State. So while a citizen may seek an audit, they must do so through the Law.” The Motion for Summary Disposition, as read by Judge Elsenheimer, included the three points below: One, the Plaintiffs claims are moot as all requested relief has been granted and, therefore, this court lacks jurisdiction to review moot claims;
Two, Plaintiff lacks standing to bring its claims into court; and
Three, Plaintiff has failed to state a claim upon which relief can be granted.
Concerning point One, Judge Elsenheimer stated that his court had already “largely” granted the relief sought in the case—the forensic audit that took place in early December. Last week, the judge was clear in his instruction that no further discovery would be allowed in the case.
With regard to the call for a Constitutional independent audit, the judge ruled that passing of Proposition 3 in 2018, which amended the 1963 Constitution, guaranteed “every citizen of the United States who is an elector qualified to vote in Michigan the right to have the results of statewide elections audited in such a manner as prescribed by law to ensure the accuracy and integrity of elections.”
The amendment has not surfaced in the Appellate courts but has surfaced in the trial courts, according to Elsenheimer. He continued, saying that it did come up in a Wayne County circuit matter of Constantino V The City of Detroit . The ruling there only allowed for “the Secretary of State and appropriate county clerk to conduct a results audit in at least one […]
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