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MI Supreme Court Challenge
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Posted on 12/09/2016 4:31:22 AM PST by billyboy15

A bit confused about the MI recount. I read the recount was deemed to be "illegal" based on requirements necessary for one to be conducted. This appeared to have shut down the process and hand final victory in MI to DJT.

However it seems Stein has appealed to the MI Supreme Court and my question is when will this appeal be heard and does this impact in any way the reporting of the EV for this State on 12/13?


TOPICS: Politics/Elections
KEYWORDS: mirecount
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To: RooRoobird20
-- The federal "safe harbor" law requires that electors be selected 6 days before the electoral college actually meets on 12/19 --

Yeah, but what is gained by commitment by 12/13 is "merely" safe harbor. A decision can come later than that, it just loses "safe harbor." 3 USC 5.

Michigan has met this, but if it hadn't, all it means is that a later choice by electors of the state is not conclusive. "Conclusive" means beyond legal challenge and question even by Congress as it counts the electoral ballots.

If Michigan courts found a winner on 12/18, and that process was reasonably orderly, it is a slam dunk that Congress would accept the results even if a challenge was offered in Congress on the day of counting the electoral ballots.

Even 12/19 isn't carved into stone. see 3 USC 2

Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

Again, "safe harbor" is probably lost, and the value of "safe harbor" is going to vary depending on the circumstances involved in delay of decision.

21 posted on 12/09/2016 5:43:22 AM PST by Cboldt
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To: quantim
-- I heard on local news (Michigan) yesterday that Stein will NOT appeal to the Michigan Supreme Ct. --

Might be technically true, depending on what is meant by "appeal to the court." On wednesday this week she filed an application to file an appeal, and many people take that as an appeal in its own right. In other words, she already did appeal to them, but her appeal is "please take my case," not "this is why the court below is wrong and should be reversed."

22 posted on 12/09/2016 5:46:35 AM PST by Cboldt
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To: exit82

Is the certification doc up on the MI secretary of state website?


23 posted on 12/09/2016 5:49:39 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: exit82

There is supposedly a court hearing today in PA. Some areas in PA are recounting, mostly those in the Philly area.

More info:

http://www.philly.com/philly/news/politics/20161209_Hand_recount_of_paper_ballots_ordered_in_Chesco.html


24 posted on 12/09/2016 5:51:11 AM PST by randita (PLEASE STOP ALL THE WORTHLESS VANITIES!)
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To: exit82

I found it

http://bit.ly/2gAkbEN


25 posted on 12/09/2016 6:10:03 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: WildHighlander57

Excellent—thanks!


26 posted on 12/09/2016 6:13:24 AM PST by exit82 (Making America Great Again begins with........me.)
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To: WildHighlander57
The Cert of ascertainment has been sent to the National Archivist.

Post with links to certs of ascertainment and more

Michigan Certificate of Ascertainment <- linkee-poo

27 posted on 12/09/2016 6:18:12 AM PST by Cboldt
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To: Cboldt

Why do you suppose the Rep Electors have their names and addresses listed while all the other electors are listed by name only?


28 posted on 12/09/2016 6:23:17 AM PST by billyboy15
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To: Cboldt

Thank you!


29 posted on 12/09/2016 6:23:59 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: billyboy15
-- Why do you suppose the Rep Electors have their names and addresses listed while all the other electors are listed by name only? --

Either state law or whim of the composer. Alaska's Cert only lists names.

30 posted on 12/09/2016 6:27:25 AM PST by Cboldt
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To: billyboy15

Man is she a loser, I guarantee you Hillary is behind this driving it, calling the shots, the thing is I don’t think anybody had really figured out why? Perhaps it’s merely to distract America from Trumps almost daily accomplishments even though he’s not President yet


31 posted on 12/09/2016 6:30:43 AM PST by Scythian_Reborn
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To: Old Retired Army Guy

MI Supreme Court is elected. Still non-leftist majority though.


32 posted on 12/09/2016 6:51:12 AM PST by FateAmenableToChange
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To: Gay State Conservative

IF any state doesn’t certify their votes, then that state’s EV votes will be subtracted from the total of 538.

That would proportionally change the number of EV votes needed to win. IF Michigan’s 16 EV votes (I THINK), then the new number needed would drop from 270 to 262. Trump STILL wins. Shrillary stays at 232.

However, the entire state’s voting population would be angry at Dems for years to come. Michigan could stay red for decades. “You erased out votes”.


33 posted on 12/09/2016 7:22:55 AM PST by ridesthemiles
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To: Cletus.D.Yokel

WHAT 11-2-2016 results? The election was held on 11-8-2016 ......


34 posted on 12/09/2016 7:24:44 AM PST by ridesthemiles
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To: exit82

Nevada has also gone nowhere regarding any vote changes worthwhile, however, it did bring to light the massive voter fraud in Clark County-—which many of us knew existed for years.


35 posted on 12/09/2016 7:27:16 AM PST by ridesthemiles
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To: Cboldt

No state normally lists anything more than the names.

However, angry state officials have gone so far as to release the names, addresses, and the phone numbers of the electors.

IMO, Those officials should be dismissed-with prejudice.


36 posted on 12/09/2016 7:35:20 AM PST by ridesthemiles
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To: ridesthemiles

Sorry, used the wrong calendar...

Nevertheless, the recent election results were certified by the MI BoCanvass.


37 posted on 12/09/2016 7:59:20 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: struggle; billyboy15

And the board decided 3-1 to stop the recount.


38 posted on 12/09/2016 8:53:10 AM PST by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
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To: Cboldt

......I’m not an attorney, so can you tell me if it helps that the Michigan Supreme Court smacked Jill Stein down today? One would hope so.


39 posted on 12/09/2016 4:27:40 PM PST by RooRoobird20 ("Democrats haven't been this angry since Republicans freed the slaves.")
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To: RooRoobird20
- -... can you tell me if it helps that the Michigan Supreme Court smacked Jill Stein down today? --

Yes, it does. They could have summarily denied her request to be heard without making a remark about it. Notice the MI SC order includes a dissent that would have given Stein a recount. The dissent does have a point, in that certain privileges are attached to obtaining a SMALL FARCTION of votes, and if a candidate is close to those threshholds in a contest, the exact count may make a difference in obtaining those privileges. 5% of the votes cast (nationawide) gives the privilege of the party being included in the state's next presidential primary, and federal public funding of a campaign turns on party popularity in past election contests, too.

40 posted on 12/09/2016 5:14:53 PM PST by Cboldt
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