Bye bye: Michigan court stops recount, says Stein not an aggrieved candidate

Stein recount fundraising
Stein -- Wikimedia Commons

Stein recount fundraising
Stein — Wikimedia Commons

On Tuesday, the Michigan Court of Appeals ruled that the Board of State Canvassers should have never allowed a recount requested by Green Party candidate Jill Stein, saying that she is not an aggrieved candidate and has no chance of winning, the Detroit Free Press reported.

According to the report:

The panel ordered the board to “reject the Nov. 30, 2016 petition of candidate Stein that precipitated the current recount process.”

The ruling came out almost simultaneously with a 2-1 order from the U.S. 6th Circuit Court of Appeals which upheld U.S. District Judge Mark Goldsmith’s Monday order that the recount must get under way at noon that day, which it did.

The combined effect of the two rulings appears to set up further court proceedings in front of Goldsmith and the Michigan Republican Party has already filed for another federal hearing.

“The Michigan Court of Appeals ruled in our favor, determining that the petition for recount filed by Dr. Jill Stein should have been denied,” said Ronna Romney McDaniel, chairwoman of the Michigan Republican Party. “Dr. Stein is not an aggrieved candidate as she has no chance of winning the election in Michigan.”

“I’m grateful, and I know Michigan taxpayers agree, that the Michigan Court of Appeals has adhered to the rule of law,” said Attorney General Bill Schuette.

Andrea Bitely, a spokeswoman for Schuette, further said the recount should end immediately.

But it seems it’s not completely over yet, the report adds:

However, “to ensure clarity for Michigan taxpayers, (and as recommended in the 6th Circuit’s opinion issued this evening), the Attorney General is now filing in the federal district court a motion to dissolve the temporary restraining order,” Bitely said.

Mark Brewer, an attorney for Stein, said the U.S. 6th Circuit Court of Appeals refused to stay the Republicans’ request to stop the recount, so it will continue until all the parties can get back to federal court to plead their case, again, before Goldsmith.

The state panel said that to qualify as “aggrieved,” Stein “must be able to allege a good faith belief that but for mistake or fraud,” she would have had a reasonable chance of winning.”

Stein’s petition sent to the Board of State Canvassers “lacks even the most general allegations from which the board could infer that a recount would change the outcome of the election in Dr. Stein’s favor,” the panel said, given that she lost by more than 2.2 million votes.

Presiding Judge Peter O’Connell, Paul Egan added, “compared Stein to a baseball team that lost 99-0 and complained to the umpire that one run should not have counted.”  Stein, Egan observed, received just over one percent of the vote in Michigan, finishing fourth.

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