US VOTE: Michigan recount halted
A federal judge has ordered Michigan's Board of Elections to stop the state's electoral recount.
US
District Judge Mark Goldsmith issued the order late Wednesday --
dissolving a previous temporary restraining order against the Board of
Elections that allowed the recount to continue.
Goldsmith's
latest opinion effectively denies Green Party presidential candidate
Jill Stein's request to block the Board of Elections from halting the
recount.
In her motion, Stein had
argued against a Tuesday ruling by the State of Michigan Court of
Appeals in favor of stopping the recount. That court concluded Stein was
not an aggrieved party since she had no reasonable chance of winning by
virtue of the recount. In federal court, Stein counter-argued this was a
"distorted interpretation" of the law and that it was within her
constitutional right to have the recount.
"Rather, Plaintiffs' asserted right to a recount is just a restatement
of her right to participate in a fair election, free from tampering or
mistake. But, to date, Plaintiffs have not presented evidence of
tampering or mistake. Instead, they present speculative claims going to
the vulnerability of the voting machinery -- but not actual injury,"
read Goldsmith's order.
In his
ruling, Goldsmith declined to adopt the unusual exception applied in
Bush v. Gore to disregard a State court's interpretation.
Goldsmith
agreed that the issues Stein raised -- fraud and mistakes -- were
"serious," but said there was no evidence of such violations.
"A recount as an audit of the election," Goldsmith concluded, "has never been endorsed by any court."
Michigan
Republican Party Chairman Ronna Romney McDaniel declared the order a
victory for voters of Michigan. "The courts have affirmed the stance the
campaign has maintained from day one: Jill Stein, who received only
1.07% of the vote in Michigan, is not legally entitled to hijack the
will of voters and drag them into an arduous and expensive publicity
stunt. Jill Stein's 1% temper tantrum cost Michigan taxpayers millions
of dollars and would have cost them additional millions of dollars if
not for the actions of President-elect Trump, the Michigan Republican
Party, and Attorney General Bill Schuette."
Stein
has spearheaded a recount effort in Michigan, Pennsylvania and
Wisconsin -- three battleground states where Donald Trump narrowly
defeated Hillary Clinton.
Trump supporters in Wisconsin have unsuccessfully tried to stop the recount in progress there.
Stein's
campaign, who withdrew a recount request in a Pennsylvania state court,
filed a lawsuit in federal court Monday morning seeking a statewide
recount there.
Stein has raised
nearly $7 million to fund the recount efforts, following news that
security experts alerted Clinton's campaign to the possibility of hacks
in key counties in those states.
Stein may file an appeal of the latest ruling with the 6th Circuit Court of Appeals.
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