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Sunday, January 17, 2021

Michigan certifies Biden win; a setback for Trump challenge

Allies of Trump and losing GOP Senate candidate John James had urged the panel to delay voting for two weeks to audit votes in heavily Democratic Wayne County, home to Detroit.

By: AP | Lansing | Updated: November 24, 2020 12:35:36 pm
Joe Biden, Joe Biden in China, US Vice President Joe Biden, US President-elect Joe Biden, Joe Biden and Chinese food, indian express newsUnder Michigan law, Biden claims all 16 electoral votes. (Photo: AP/Andrew Harnik)

Michigan election officials on Monday certified Democrat Joe Biden’s 154,000-vote victory in the state, another setback for President Donald Trump in his futile effort to undermine the results of the Nov. 3 election through baseless legal challenges and unsupported claims of fraud. The Board of State Canvassers, which has two Republicans and two Democrats, confirmed the results on a 3-0 vote with one abstention.

Allies of Trump and losing GOP Senate candidate John James had urged the panel to delay voting for two weeks to audit votes in heavily Democratic Wayne County, home to Detroit. Under Michigan law, Biden claims all 16 electoral votes. Biden won by 2.8 percentage points a larger margin than in other states where Trump is contesting the results like Georgia, Arizona, Wisconsin and Pennsylvania.

Some Trump allies had expressed hope that state lawmakers could intervene in selecting Republican electors in states that do not certify. That long shot bid is no longer possible in Michigan. “The people of Michigan have spoken. President-elect Biden won the State of Michigan by more than 154,000 votes, and he will be our next president on January 20th,” Michigan Gov. Gretchen Whitmer, a Democrat, said in a statement, saying it’s time to put this election behind us.

The Trump legal team dismissed the certification as “simply a procedural step” and insisted it would fight on. But Trump’s efforts to stave off the inevitable formal recognition of his defeat is facing increasingly stiff resistance from the courts and fellow Republicans with just three weeks to go until the Electoral College meets to certify Biden’s victory.

Time and again, Trump’s challenges and baseless allegations of widespread conspiracy and fraud have been met with rejection as states move forward with confirming their results. Michigan’s Board of State Canvassers certified the results despite calls by Trump and allies to the GOP members to block the vote to allow for an audit of ballots in Wayne County, where Trump has claimed without evidence that he was the victim of fraud. Biden crushed the president by more than 330,000 votes there.

“The board’s duty today is very clear,” said Aaron Van Langevelde, the Republican vice chair. “We have a duty to certify this election based on these returns. That is very clear. We are limited to these returns. I’m not going to argue that we’re not.”

Mary Ellen Gurewitz, an attorney for the state Democratic Party, told the canvassers that attacks on the election results are part of a racist campaign, directed by soon-to-be former President Trump, to disparage the cities in this country with large Black populations, including Detroit, Philadelphia and Milwaukee.

Trump has tried to defy the results of the election through the courts, but having found no luck there, moved on to personally trying to influence local lawmakers to convince them to ignore the popular vote and appoint Republican electors, a strategy that would send Americans into the streets in protest, election law experts have said. Two local GOP canvassers who certified the results unsuccessfully tried to reverse course last week after being called by Trump.

Some Trump allies have expressed hope that state lawmakers could intervene in selecting Republican electors in states that do not certify, as the president and his attorneys have pushed baseless allegations of fraud that have been repeatedly rejected in courtrooms across the country.

Trump met with top Michigan GOP legislators at the White House on Friday and tweeted over the weekend: We will show massive and unprecedented fraud! In Pennsylvania, a conservative Republican judge shot down the Trump campaign’s biggest legal effort in Pennsylvania with a scathing ruling that questioned why he was supposed to disenfranchise seven million voters with no evidence to back their claims and an inept legal argument at best.

But the lawyers still hope to block the state’s certification, quickly appealing to the 3rd US Circuit Court of Appeals in Philadelphia, which ordered lawyers to file a brief Monday but did not agree to hear oral arguments.

The campaign, in its filings, asked for urgent consideration so they could challenge the state election results before they are certified next month. If not, they will seek to decertify them, the filings said. And they insisted that they did not want to invalidate all of the 6.8 million ballots cast in the state as US District Judge Matthew Brann included based on their arguments in court last week. Instead, they said, they are taking aim only at seven Democratic-leaning counties where they take issue with how mail-in ballots were handled.

“Appellants seek to exclude the defective mail ballots which overwhelming favored Biden, which may turn the result of the election,” they said in a filing Monday said.

Biden won Pennsylvania by more than 80,000 votes. The other litigation has failed to change a single vote. Pennsylvania county election boards were voting on Monday, the state deadline, about whether to certify election results to the Department of State. The boards in two populous counties split along party lines, with majority Democrats in both places voting to certify.

After all counties have sent certified results to Secretary of State Kathy Boockvar, she must then tabulate, compute and canvass votes for all races. The law requires her to perform that task quickly but does not set a specific deadline.

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