President Trump appears to be vindicated. Yesterday, he was vindicated in Georgia, and today, he is vindicated in Michigan.
And both are important wins, even though they came far too late in the game to matter – regardless, we must continue to press the facts.
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A Michigan judge has ruled that Secretary of State Jocelyn Benson violated state law when she provided unilateral absentee balloting “orders.”
This is a big victory for President Trump, as this was a significant argument made by his campaign during its legal challenges to the 2020 election.
It’s too late now, but Trump and his supporters deserve to be vindicated.
We were right, and anything like this will never happen again.
During the 2020 election, Benson released several unilateral orders, including submitting absentee ballot applications to all registered voters.
She also provided “guidance” on how to examine absentee ballots, which Michigan Court of Claims Chief Judge Christopher Murray ruled was unconstitutional under the state’s Administrative Procedures Act.
According to Benson’s advice, “slight similarities” in absentee ballot signatures should lead a counter to rule “in favor of finding that the voter’s signature was legitimate.”
Murray considered Benson in breach of the law “since the Secretary of State’s guidance on signature matching requirements released on October 6, 2020, was issued in violation of the Administrative Procedures Act (APA).”
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In a tweet, Michigan state Rep. Matt Hall (R) said, “I’m glad the court sees Secretary of State Benson’s attempts at lawmaking for what they are — simple abuses of her authority.”
“If she wishes to make reforms like this, she needs to consult with the Legislature or properly promulgate them through the laws we have on the books,” he added.
Allegan County Clerk Bob Genetski had filed a lawsuit against Benson and state Director of Elections Jonathan Brater over Benson’s order, which Hall characterized as a “mandatory directive requiring local election officials to extend a presumption of validity to all signatures on absent voter ballots.”
Genetski claimed in the complaint that “the expectation found in defendant Benson’s guidelines would allow invalid votes to be counted,” but he did not allege that “this guidance forced him to accept a signature that he believed was invalid.”
The court’s decision stated:
…nowhere in the election law of this state does it say that signatures should be considered true, nor does it say that signatures should be accepted if the submission or return envelope has any redeeming quality in comparison to the signature on file.
Policy determinations like the one at hand — which tips the scales in favor of a signature’s legitimacy — should be made in accordance with correctly promulgated APA or legislative laws.
In the face of the Chinese coronavirus pandemic, Benson, like other progressive secretaries of state, put a strong focus on voting by absentee ballot.
The Breitbart article goes on to say that one of Trump’s campaign’s main problems was the development of “signature authentication laws” without the approval of the legislature.
Trump’s campaign and Republicans argued that state legislatures were required to make any laws regulating presidential elections under Article II of the Constitution, and that state election officials and courts lacked the power to amend those rules.
This seems to be a no-brainer, but everybody seemed to “yawn” it off as though it were unimportant.
Judge Murray’s decision debunks the Democratic myth that Republican legal challenges to 2020 election processes were all without substance and had been ignored by the courts.