Michigan Election Board Certifies Vote Despite GOP Pressure

Topline

Michigan’s State Board of Canvassers certified the state’s election results Monday, including President-elect Joe Biden’s victory there, becoming the second major battleground state to certify its results following fears that the vote would deadlock in a 2-2 tie amid Republican attempts to challenge Biden’s win.

Key Facts

The vote was certified in a 3-1 vote, as Republican board member Aaron Van Langevelde voted in favor of certification along with the two Democratic members, while Republican Norman Shinkle abstained.

Shinkle had previously signaled to the Washington Post he was considering voting against certification due to baseless GOP claims of irregularities in the vote count, sparking fears that the vote would result in a 2-2 tie, but Van Langevelde had not spoken publicly about how he would vote ahead of Monday’s board meeting.

The Republican National Committee and Michigan Republican Party had asked the board to delay certification for two weeks to allow an audit, though under Michigan state law, such audits are only allowed after results have been certified.

Former Michigan election officials who testified during Monday’s meeting emphasized that the board had a ministerial obligation to certify the results and did not have the authority to vote against the returns, with former Michigan Elections Director Chris Thomas telling the board, “You can’t vote no, there is no ‘no’ in these circumstances.”

Crucial Quote

“It’s not complicated…We’re required to canvass the returns and determine the result,” Van Langevelde, an attorney for the Michigan House GOP, said Monday, emphasizing, “there’s nothing in the law that gives me the authority to request an audit to delay or block certification.” “Our duty is very simple, and it’s our duty.”

Surprising Fact

The central issue the GOP has disputed in Michigan’s election results is apparent imbalances in some precincts’ poll books between the number of voters and ballots cast, which is a common administrative error that would likely only affect a few hundred votes. The Michigan Board of Elections noted in a report recommending certification that the number of imbalances in the general election was actually a “substantial improvement” over the state’s primary in August, and errors were more prevalent in 2016, when President Donald Trump won the state.

Key Background

Michigan has been perhaps the most closely watched battleground state in terms of its certification, despite Biden winning the state by more than 150,000 votes, and the state’s certification process had been plagued by GOP attempts to block the popular vote. After legal challenges attempting to block election results failed, two Republicans on the board of canvassers in Wayne County, where Detroit is located, flip-flopped on their votes to certify last week. They first voted against certification Tuesday before changing their minds and certifying the results hours later, then signed affidavits a day later attempting to change their votes again with the Trump campaign’s support. President Donald Trump also invited GOP lawmakers from the state to the White House on Friday, as the campaign has attempted to get state lawmakers to overturn the popular vote and appoint their own electors. If the election results had not been certified Monday, state courts likely would have stepped in and required the board members to certify, but Michigan House Speaker Lee Chatfield warned Sunday there could have been a “constitutional crisis” that would have required state lawmakers to resolve it.

What To Watch For

Pennsylvania counties face a Monday deadline to certify their ballot count, after which Secretary of State Kathy Boockvar will certify the state’s results, and Nevada is expected to certify on Tuesday. Arizona’s counties have also now all certified their results, paving the way for the state to certify the outcome by Nov. 30. It’s still possible that the Trump campaign could attempt to challenge state results even after they’re certified ahead of a “safe harbor” deadline on Dec. 8. Once that deadline passes, it will no longer be possible to challenge a state’s electors before the Electoral College meets Dec. 14.

Further Reading

Here’s What To Expect As Michigan, Pennsylvania, Arizona And Nevada Certify Their Votes (Forbes)

Lee Chatfield: Michigan could face ‘constitutional crisis’ over election (Bridge MI)

What We Know About a Suddenly Important Michigan Elections Board (New York Times)

Republicans ask Michigan election board to delay certification for two weeks, audit Detroit votes (Reuters)


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