A Michigan judge on Tuesday tossed out a case challenging the 2020 election in Antrim County. The 13th Circuit Court Judge Kevin Elsenheimer, a Republican nominee, ruled that the plaintiff William Bailey, a resident of Antrim County, had received the relief that he had sought after when he filed the lawsuit last year following the election.
Bailey was looking for the court to perform an independent audit of Antrim County’s election but the judge decided that the February risk-limiting audit conducted by county clerks, who reviewed a few random samples of the 18,000 ballots, was sufficient under state law.
Uncanny, right? I mean who thinks elections should matter? Apparently not judges in America.
“There is no right either in the constitutional section or the statue for the independent audit that Mr. Bailey seeks,” Elsenheimer told the court.
“As the plaintiffs have either received all of the requested relief or are not entitled to the relief requested as a matter of law … the plaintiff’s claims are, in fact, moot,” he added.
Elsenheimer ruled in favor of a joint motion for summary position filed by the Democrat Michigan Secretary of State Jocelyn Benson and Antrim County.
The judge had earlier granted the other relief Bailey sought: a forensic audit of a tabulator in the county and a protective order preserving records.
The audit issue involves Michigan Proposal 3, approved by voters in 2018, which altered the state Constitution to allow Michigan voters “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.” But state law, specifically MCL 168.31a, gives the secretary of state the authority to prescribe how audits are conducted.
Bailey’s lawyer, Matthew DePerno, told The Epoch Times that he plans on appealing the decision and filing a motion for reconsideration. He intends to file other lawsuits as well.
DePerno considers Elsenheimer “wrong on his interpretation of the Michigan Constitution and wrong on the idea that the secretary of state has her ability to invent her own procedures to ‘audit’ an election even if she’s part of the fraud.”
DePerno has accused Antrim County Clerk Sheryl Guy and Benson of lying to the public about what happened in the county on Election Night and in the following weeks.
“They knew what happened and they tried to cover it up,” he said.
You can read more from our friends at The Epoch Times.