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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWrit of Mandamus
That's what the Michigan Court of Appeals will likely issue if the State Board of Canvassers deadlocks at 2-2 and declines to certify the election. It basically says, "You have no authority not to perform your duty. Go ahead and certify." This has come into play in the past in Michigan.
Here's an excerpt:
A deadlock by the state board would likely prompt immediate action at the Michigan Court of Appeals, which legal experts predict would ultimately order canvassers to certify results.
If that doesnt happen, the Republican-led Legislature could be put in position to decide the states 16 presidential electors, a possibility Democrats fear even though GOP leaders have publicly pledged to award electors to the winner of the statewide popular vote.
Liedel, a Democratic attorney, suggested Michiganders familiarize themselves with the legal term writ of mandamus, which is when a court orders government officials to fulfill their duty.
That would likely happen if Republican canvassers refuse to certify the statewide results, he said, noting it happened in 2006, when the Michigan Court of Appeals ordered the state board to approve the form of a conservative group's anti-affirmative action petition that had stalled in a party-line vote.
In that case, three judges unanimously ruled the Board of State Canvassers had no legal authority to conduct an investigation into alleged petition fraud.
That means they "have no discretion" over what is really just a "ministerial function," Liedel said.
"It's not a board that has any inherent powers. It only has those powers specifically granted to it, and it can't go off on fishing expeditions. There's a pretty clear duty, and I think the standard for any court if one of them failed to act."
Republican canvassers could also be subject to removal for failing to perform their duties, said Christopher Trebilock, a Detroit-based elections attorney who has represented Gov. Gretchen Whitmer.
https://www.bridgemi.com/michigan-government/michigan-gop-canvassers-under-pressure-ignore-votes-help-trump
BSdetect
(8,989 posts)We have won the popular vote but lost the EC too often now.
Enough.
TexasProgresive
(12,148 posts)Ideally it would take an amendment to the US Constitution. That requires among other things getting 3/4 of the state legislatures to approve it. How do you get the red states in the middle of the US to go for such a thing?
BSdetect
(8,989 posts)There are many who can be persuaded for a reasonable proposition nationally.
How far away are we from 2/4 of the states?
What about some other workaround idea? Can it be suspended or bypassed. The process seems absurd.
I'm originally from an actual functioning democracy so find this crap infuriating. Smiley
Silent3
(15,018 posts)Just because those two assholes want to retract the approval they belatedly gave doesn't mean they can. As far as I know it's a done deal, they can't retract no matter how hard they try, so a writ of mandamus should be unnecessary.
Orange Buffoon
(188 posts)State board will take up the matter of certification on Monday.