Slowly, case by case some of the shenanigans that occurred during the 2020 election cycle are starting to be dealt with.
A judge in Michigan recently vindicated President Trump in a ruling against Secretary of State Jocelyn Benson, a Democrat, who broke state election laws.
In the lead up to the election Benson changed election rules concerning absentee balloting by loosening the signature verification requirement for ballots.
In response the court made the following ruling:
Nowhere in this state’s election law has the Legislature indicated that signatures are to be presumed valid, nor did the Legislature require that signatures are to be accepted so long as there are any redeeming qualities in the application or return envelope as compared with the signature on file. Policy determinations like the one at issue — which places the thumb on the scale in favor of a signature’s validity — should be made pursuant to properly promulgated rules under the APA or by the Legislature.
During the election 3.1 million Michiganders voted by absentee ballot and Biden won the state by a little over 154,000 votes.
“I’m glad the court sees Secretary of State Benson’s attempts at lawmaking for what they are – clear violations of her authority,” said State Rep. Matt Hall, a Republican. “If she wants to make changes like these, she needs to work with the Legislature or properly promulgate them through the laws we have on the books.”
“The Legislature is an equal branch of government charged with crafting laws,” Hall continued. “This is not the role of the Secretary of State, and there is a clear process that must be respected. Unfortunately, Secretary of State Benson has a pattern of not respecting that process. She issued a mandatory directive requiring local election officials to apply a presumption of validity to all signatures on absent voter ballots, but there is nothing within state law allowing for that type of power from her position. As a result, this directive was found to be not in accordance with our laws and not valid.”
Now that the judge has ruled Benson broke state election laws absentee ballots must be audited.