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Election Law @ Moritz

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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)


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.



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


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In the News

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Professor Edward Foley appeared on Wisconsin Public Radio to discuss Gill v. Whitford, a landmark redistricting lawsuit before the U.S. Supreme Court. 


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Info & Analysis

Federal Court Finds Unconstitutional Partisan Gerrymandering in North Carolina

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