Michigan recount: Federal judge could decide to end it

Recount likely stopped after state court's ruling

DETROIT – After a night of dueling decisions from the state and federal courts, a federal judge could decide Wednesday to end Michigan's presidential recount. 

Live stream: Michigan Board of Canvassers meeting

The U.S. 6th Circuit Court of Appeals upheld the federal judge's order to continue the hand recount, but the Michigan Court of Appeals rejected the recount process. The feds will have to follow what the Michigan Court of Appeals says. That means the recount could be stopped dead in its tracks. 

At 10:30 a.m. Wednesday, U.S. District Court Judge Mark Goldsmith began a hearing to reconsider the temporary restraining order he issued Sunday night to accelerate the presidential recount that Jill Stein requested. Goldsmith could decide whether to end the recount. Stein's camps said they would appeal to the state's Supreme Court. 

Goldsmith said Wednesday he will give a written ruling on dissolving the temporary restraining order he issued Sunday.

State law in Michigan requires an "aggrieved" party to file a recount. Under state law, Green Party presidential candidate Stein is not considered aggrieved. She filed the recount, but she has no standing to force such a recount. Attorney General Bill Schuette discussed this law on Tuesday -- read here.

From the federal court filing (view here) on Tuesday: 

The Michigan Court of Appeals determined conclusively that candidate Jill Stein is not an "aggrieved" candidate entitled to a recount under Michigan law. And the Sixth Circuit determined conclusively that whether Plaintiffs are entitled to a recount is a question of state law, to which it expects this Court to defer. 6th Cir. Order at 8. This Court is precluded under the law-of-the-case doctrine from reexamining that issue.The Sixth Circuit throughout its order emphasized that it is for the Michigan courts, and not this Court, to determine whether Stein is an “aggrieved” candidate entitled to a recount under Michigan law. The Sixth Circuit expressly held that this question is “best left to the Michigan courts at this stage."

The state court noted that Stein got 1 percent of the vote and has no chance of catching Republican Donald Trump, who narrowly defeated Hillary Clinton in the state. Trump won the state's 16 electoral votes by 10,704 votes. He is the first Republican presidential nominee to win Michigan since 1988. 

Meanwhile, ballots are being recounted in Oakland, Macomb and Wayne counties. As long as the recount continues, county clerks are scrambling to get the job done by Dec. 13.

VIEW: Michigan recount schedule by county

Wednesday's Board of Canvassers meeting is schedule to begin at 9:30 a.m. Here's what's on the agenda: 

  • Consideration of meeting minutes for approval
  • Resolution of any objections to the recount petition
  • Resolution of any other recount matters presented for the Board's consideration
  • Such other and further business as may be properly presented to the Board

Local 4's Rod Meloni is in the Federal Courthouse providing updates to the hearing:

 

Related: 

 

 


About the Authors:

Nick joined the Local 4 team in February of 2015. Prior to that he spent 6 years in Sacramento covering a long list of big stories including wildfires and earthquakes. Raised in Sterling Heights, he is no stranger to the deep history and pride Detroit has to offer.

Rod Meloni is an Emmy Award-winning Business Editor on Local 4 News and a Certified Financial Planner™ Professional.