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Litigation

 

Schuette v. Board of State Canvassers

Case Information

Date Filed: December 2, 2016
State: Michigan
Issue: Recount Resources
Courts that Heard this Case: Michigan Court of Appeals (Case 335947)

Issue:

Whether the recount request of Jill Stein is a dilatory and frivolous request of an unaggrieved party. The plaintiff's main argument is that Jill Stein does not constitute an "aggrieved" party as required for a recount by MCL 168.879(b).

 The plaintiff asks the court for to issue a writ of mandamus to prohibit the recount of presidential ballots because Jill Stein is not an aggrieved party. Alternatively, the plaintiff asks the court to issue a writ of mandamus to (1) stop the recount until two business days after the Board of State Canvassers resolves objections to the recount petition; (2) complete any recount and certify electors to the federal government by December 13 or to certify prior to the initial elector results; and (3) conduct the recount process electronically and not by hand.

 

Status:

Complaint filed 12/2/2016. Order to consolidate case with Donald Trump's case against Board of State Canvassers issued 12/5/16. Hearing scheduled for 4pm on 12/6/16. Per Curiam Opinion issuing writ of mandamus and ordering Board of Canvassers to reject Stein's recount petition filed 12/6/16.

Related case: Stein v. Thomas

 

District Court Documents

Commentary

Edward B. Foley

Flagging Online Falsehoods

Edward B. Foley

A remedy for foreign disinformation attacks

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In the News

Edward B. Foley

How Ohio could be affected by Supreme Court gerrymandering case brought by Maryland Republicans - Out of Line: Impact 2017 and Beyond

Professor Edward Foley was quoted in Cleveland.com about two gerrymandering cases on the U.S. Supreme Court docket.

"The two cases give the court an opportunity to say that there is a line that if you go too far, you are in violation" of the Constitution Foley said.
 

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Info & Analysis

U.S. Supreme Court to Hear Maryland Redistricting Case

The U.S. Supreme Court recently added the Maryland redistricting case of Benisek v. Lamone to the merits docket. The court postponed consideration of the jurisdiction question until hearing the case on the merits.

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