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Michigan judge rules secretary of state violated election law by unilaterally changing absentee voting rules
Washington Examiner ^ | 03/17/2021 | Andrew Mark Miller

Posted on 03/17/2021 8:41:13 AM PDT by SeekAndFind

A judge has ruled that Michigan Secretary of State Jocelyn Benson violated state law last year when she issued “guidance” on how absentee ballots should be evaluated.

State Court of Claims Judge Christopher Murray ruled last week that Benson, a Democrat, did not follow the proper rule-making process when instructing voting clerks in October to presume the accuracy of absentee ballot signatures, and the guidance is now invalid, according to the Detroit News.

"The presumption is found nowhere in state law," Murray, a Republican-appointed judge, wrote in the ruling. "The mandatory presumption goes beyond the realm of mere advice and direction, and instead is a substantive directive that adds to the pertinent signature-matching standards."

Murray wrote that Benson issued the rules without following the process for creating a rule under state and federal law, thus violating the state’s Administrative Procedures Act.

Murray contends that the rule stated only signatures with “multiple significant and obvious” inconsistencies should be questioned, which he argued fell within the definition of an administrative rule that required a multiple-step process that was not undertaken last year.

“An agency must utilize formal rulemaking procedures when establishing policies that ‘do not merely interpret or explain the statute or rules from which the agency derives its authority,’ but rather ‘establish the substantive standards implementing the program,’” Murray wrote.

Michigan is one of six states where former President Donald Trump and his surrogates have alleged widespread voter fraud in the 2020 presidential election, potentially costing him a victory, and Republicans have argued that Article II of the Constitution requires election rules to be decided by state legislatures and not elected officials.

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Crime/Corruption; News/Current Events; Politics/Elections; US: Michigan
KEYWORDS: absenteevoting; election; electionfraud; fraud; mailinballots; michigan
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To: SeekAndFind

Benson, a Democrat, did not follow the proper rule-making process

Roberts will take care of it.


21 posted on 03/17/2021 9:00:44 AM PDT by sasquatch
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To: dsrtsage

Meals refusing to exit as I recall


22 posted on 03/17/2021 9:01:36 AM PDT by ferret_airlift
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To: entropy12

Yawn....rat rules...move along...


23 posted on 03/17/2021 9:05:52 AM PDT by TnTnTn
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To: Lurker

We need someone measuring the height of our hill of beans.


24 posted on 03/17/2021 9:07:16 AM PDT by SpaceBar
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To: ferret_airlift

Save the gum from 3 or 4 MREs and chew it all at once!

Tidy bowl!


25 posted on 03/17/2021 9:08:19 AM PDT by MortMan (Shouldn't "palindrome" read the same forward and backward?)
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To: SeekAndFind

In short, the election was not conducted lawfully. What is the remedy for an illegal election? No comment from the judge on that point. This sounds like, just don’t do that again. This also affected the MI senate race as well. Will the judge order a new election? I won’t hold my breath. However, the law was and is that mail in ballots are not entitled to a presumption of validity. It should be just common sense that if that law was violated, it enabled voting fraud. Overturning the election probably requires clear and convincing proof of that fraud. So far, that has not been “proved” to that court.


26 posted on 03/17/2021 9:10:42 AM PDT by Dr. Franklin ("A republic, if you can keep it.")
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To: SeekAndFind

Jocelyn Benson will be sent to her room without dinner.

Just another leftist.


27 posted on 03/17/2021 9:12:13 AM PDT by FreedomGuru (Joe Biden isn't my President and never will be.)
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To: SeekAndFind

https://en.wikipedia.org/wiki/Jocelyn_Benson

Personal details:
Born Jocelyn Michelle Benson
October 22, 1977 (age 43)
Pittsburgh, Pennsylvania, U.S.
Political party Democratic
Education Wellesley College (BA)
Magdalen College, Oxford (MA)
Harvard University (JD)

Wellesley, Oxford and Harvard...yet she doesn’t know administrative law. I’m trying to think...who else went to Wellesley...


28 posted on 03/17/2021 9:12:45 AM PDT by ameribbean expat (Attention! All persons having the corona virus...please report to the nearest IRS office. Thank you.)
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To: SeekAndFind

Any person with half a brain cell didn’t need a judge’s ruling to know that she violated the law.


29 posted on 03/17/2021 9:18:14 AM PDT by falcon99 (qu)
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To: Dr. Franklin
What is the remedy for an illegal election?

The judge acted correctly. A court can only determine whether an election was UNLAWFUL for failing to follow the state's election laws. It cannot prescribe a remedy due to the 'plenary powers' state legislatures have with respect to election laws.

30 posted on 03/17/2021 9:26:48 AM PDT by RideForever (We are born to be tested ...)
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To: RideForever
The judge acted correctly. A court can only determine whether an election was UNLAWFUL for failing to follow the state's election laws. It cannot prescribe a remedy due to the 'plenary powers' state legislatures have with respect to election laws.

Rights without remedies aren't really rights. Common law courts have powers for dealing with issues like this. These issues should have been addressed prior to certifying the election, or immediately thereafter. Doing nothing just showed contempt for the law and the very concept of open, free and fair elections which are required for a government to be a republic.
31 posted on 03/17/2021 9:33:43 AM PDT by Dr. Franklin ("A republic, if you can keep it.")
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To: ameribbean expat

That would be Hillary, I believe...


32 posted on 03/17/2021 9:33:50 AM PDT by CaptainKip
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To: SeekAndFind

Bookmark


33 posted on 03/17/2021 9:33:59 AM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you. )
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To: SeekAndFind

BTT


34 posted on 03/17/2021 9:35:13 AM PDT by GailA (Constitution vs evil Treasonous political Apparatchiks, PRO-CONSTITUTION!)
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To: SeekAndFind

Bookmark


35 posted on 03/17/2021 9:36:28 AM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you. )
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To: SeekAndFind

What is the remedy ordered by the judge? Re-vote??


36 posted on 03/17/2021 9:39:11 AM PDT by elpadre
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To: Dr. Franklin
The judge acted correctly. A court can only determine whether an election was UNLAWFUL for failing to follow the state's election laws. It cannot prescribe a remedy due to the 'plenary powers' state legislatures have with respect to election laws.

Rights without remedies aren't really rights.

The remedy is for the electorate to elect moral representatives in their state and national elections that can follow the US Constitution. Thus the two bodies elected directly by We the People is the source of the remedy. Not the courts. Not the Governors or President.

37 posted on 03/17/2021 9:42:29 AM PDT by RideForever (We are born to be tested ...)
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To: RideForever

She facilitated the crime of election fraud. She has multiple law degrees from prestigious universities. She knew what she was doing.


38 posted on 03/17/2021 9:52:35 AM PDT by JohnnyP (Thinking is hard work (I stole that from Rush).)
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To: going hot
...better pack a few year’s worth of MRE’s.

MRE; three lies for the price of one.

39 posted on 03/17/2021 9:58:35 AM PDT by sima_yi ( Reporting live from the far North)
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To: SeekAndFind; All

Here’s another one that needs to be examined
REVIEW THOSE GEORGIA SENATE ELECTION RESULTS

There were a series of fraudulent voting charges here. Were they enforced and corrected before this election took place ? If they weren’t is not a review called for ?
If the Georgia Secretary of State is in charge of voting he has the responsibility of enforcing the state’s regulations as to who votes. And eliminate those from voter lists who don’t qualify.

Assign prosecutors to personally canvass and investigate. Check if military actually voted by asking them. Identify all voters by checking on legal age their residency and citizenship. If found they do not qualify charge Illegals including state visitors known as snowbirds also include any technical computer fraudulent Italian programming testimony when presenting to the court and get these election results tossed.

LINKED HERE ARE REASONS WHY THIS IS WHAT WE SHOULD BE DOING 90% of the military votes went for Biden ?
http://www.freerepublic.com/focus/f-news/3927647/posts#28

http://www.freerepublic.com/focus/f-chat/3924076/posts#30
http://www.freerepublic.com/focus/f-news/3923435/posts#21
http://www.freerepublic.com/focus/f-news/3923157/posts#10
http://www.freerepublic.com/focus/f-news/3922715/posts#18
http://www.freerepublic.com/focus/f-chat/3923312/posts#11


40 posted on 03/17/2021 10:07:51 AM PDT by mosesdapoet (AKA Lee J Keslin posting in the hopes comments get passed around )
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