Final Michigan Lawsuit Dismissed: Team Trump Fails Again

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The Trump campaign has now voluntarily abandoned its last remaining election-related lawsuit in Michigan, a swing state that President-elect Joe Biden won by over 150,000 votes. In the lawsuit, the Trump campaign was trying to throw a wrench in the official certification of election results in Wayne County, which includes Detroit, and the state as a whole. The campaign alleged that Wayne County officials mishandled the election and sought to block the certification of results, but one of the key claims in their original complaint is nonsense: the campaign says that some ballots were backdated to appear on-time, but Michigan doesn’t even weigh postmark dates into their mail-in ballot acceptance process. Postmark dates are irrelevant in the state.

In their original complaint, the Trump campaign also alleged that “election officials in Wayne County refused to permit statutorily designated challengers to observe the conduct of the election and the processing of ballots,” but this claim that Republican observers were systematically excluded is false. At one point on November 4 in Detroit, a “convention hall used for canvassing reached the state’s legal limit for election observers and officials had to stop additional observers from entering,” PolitiFact reports — but many other Republican observers were already inside when the hall reached maximum capacity. The Trump team has raised the allegation of blocked Republican observers elsewhere, but in another one of their targets — Philadelphia — local Republican City Commissioner Al Schmidt recently confirmed that Republicans were not blocked from observing.

In their court filing announcing their decision to abandon their Michigan court case, the Trump campaign notes that the “Wayne County board of county canvassers met and declined to certify the results of the presidential election” — but that’s only half the story. Although the two Republicans on that Wayne County board did initially block certification of the results, they eventually agreed to it. Now — after reportedly receiving outreach from Trump himself — those two Republican board members say that they want to rescind their votes, but there’s no apparent legal way that they could actually do so, experts say. Tracy Wimmer, a spokesperson for the office of Michigan Secretary of State Jocelyn Benson (D), says that there’s “no legal mechanism” for the board members to undo their decision.

Trump has yet to secure any major legal victories anywhere in the country, and there’s no indication that major legal victories for the Trump team are on the horizon. Legal victories need evidence, which the Trump team does not have for their claims of widespread fraud.