Nessel and Benson remind the provincial investigative committees of their duty to certify the election results

Henry Redman/States Newsroom

After an initial refusal by an Upper Peninsula hiring board to fulfill its duties, Michigan’s attorney general decided Dana Nessel and State Secretary Jocelyn Benson have reminded members of county canvassing boards in the state of their obligation to certify election results.

The guidance follows a delay by the Delta County Board of Canvassers to certify the county’s May 7 recall election after the two Republican members cited, without evidence, irregularities in the vote totals. Following a letter from Jonathan Brater, state elections directorthe two dissenting members admitted and voted to certify.

Brater’s letter reminded researchers that the consequences of not certifying the results included:

• A crime, willful neglect of duty, criminal prosecution

• Delivery of election data to the Bureau of Elections in Lansing by the candidates

• Significant costs to the province, for which the recruitment agencies may be personally responsible.

There was also one Letter from 2022 from the Department of Attorney General to Secretary of State Jeremy Moss (D-Southfield), explaining that canvassing involves ministerial, non-discretionary duties that must be performed by law, and that failure to comply with the law will subject canvassers to may expose you to liability.

“Reporters are legally required to certify election results presented to them once legal requirements are met,” said Nessel, a Democrat. “Defying the will of the people based on presumption, dissatisfaction with results, or any other reason not based on Michigan law will not be tolerated. Although the Delta County Board ultimately met its obligations and avoided legal consequences as a result, let this serve as a warning to all recruiting agency boards across the state that willfully neglecting your duties is a criminal act.

Both state election law and the Michigan Constitution require that certification be based solely on precinct and absentee voter counting board returns and any corrected returns. They do not authorize a refusal to certify based on third party claims of alleged election irregularities or a general desire to conduct election investigations.

“Michigan law requires bipartisan committees to carefully review election results and certify our elections based on election results,” said Benson, a Democrat. “There is no room for campaigners to overstep their authority, take the law into their own hands or undermine the will of Michigan voters. Board members who fail to fulfill their responsibilities under the law will see swift action to ensure the legal certification of the election results, which will impose significant unnecessary costs on their local communities, along with possible civil and criminal charges against those members for their actions. .”

Nessel and Benson’s recollection also noted that appropriate remedies exist for individuals who have reviewed available election materials and believe fraud has occurred, including contacting local law enforcement authorities and/or filing a complaint to the court.

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