The GOP members of the Wayne County board of canvassers have refused to vote to certify the results in that county, throwing the final election processes into a bit of turmoil. So what happens next? /1
In MI, the duty of certification of the Wayne County vote now passes to the State Bd of Canvassers, which is half GOP and half Dem by law. The certification is a mandatory process that is supposed to be ministerial in nature, and not involve discretion by the board members. /2
The Secretary of State has already indicated that she believes her office, under the Bureau of Elections, should conduct the canvass, as is traditionally done in such circumstances. /3
But if State Board refuses, or if either of the GOP members fails to perform his legal duties or takes actions not authorized by law, including refusing to certifying ballots legally cast, the member could face contempt of court charges. /4
Interestingly, State Board members may also be removed by Governor Whitmer for gross neglect of duty or corruption. The constitution expressly provides for this power by the governor. /5
The power of the governor to remove bad apples from the State Board of Canvassers is one reason why I’m confident this ploy is highly unlikely to succeed in doing anything but riling up the GOP and pissing off Democratic voters, whose ballots are being intentionally disregarded.
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