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Michigan Court of Claims Judge Cynthia Stephens denied a request by President Donald Trump's campaign to halt vote counting in Michigan, questioning some evidence provided and describing it as "hearsay" in a Thursday afternoon ruling.
Bill Stepien, Trump's 2020 campaign manager, released a Wednesday statement announcing the campaign's plan to file the lawsuit as it became increasingly clear that Michigan's votes would go for Democratic presidential nominee Joe Biden. The state was called by the Associated Press and the major networks later in the day.
The lawsuit alleged that Michigan's absentee voter counting boards have not carried out the process transparently, and have prevented—and in some cases removed—Republican challengers from observing the process. The case also included a filing from an unidentified poll challenger who claimed that a poll worker was told to change the date of receipt on a mail-in ballot in Detroit.
"What I have at best is a hearsay affidavit, I believe, that addresses a harm that would be significant, but that's what we got," Stephens said regarding the poll challenger's claim. "We've got an affidavit that is not firsthand knowledge."
"'I heard somebody else say something'—how is that not hearsay? Come on now," Stephens asked as Trump's lawyer attempted to push back against the "hearsay" point.
Michigan's Assistant Attorney General Heather Meingast pointed out that the lawsuit was now "moot" because the counting process in Michigan has ended. A lawyer representing the Democratic National Committee, which joined the defense, agreed that part of the suit was based on "hearsay" and asserted that Michigan Secretary of State Jocelyn Benson should not be the defendant for other allegations, as she had provided appropriate guidance to local officials who oversee the counting. If a poll challenger had been denied entry or removed from a counting center, the Trump campaign would need to file suit against that specific county clerk, the lawyer said.
Throughout the trial, Stephens appeared highly skeptical of the Trump campaign's arguments. However, after denying the request—largely agreeing with the defense—the judge said, "I believe everyone here, at their best, seeks to have a full and fair election process."
"We are pleased to see that the Michigan Court of Claims has denied the Trump campaign's challenge to the AV ballot counting process. This was simply a political stunt meant to distract from the legitimate outcome of the election. Michiganders sent a clear message to this president and no lawsuit or tweet can change the results," Michigan Democratic Party Chair Lavora Barnes said in a statement emailed to Newsweek after the ruling.
Ryan Jarvi, press secretary for Michigan Attorney General Dana Nessel, said they were "pleased" with the ruling.
Judge Stephens "identified the same defects in the campaign's filings as we did, namely a complete lack of any evidence of wrongdoing on the part of election officials, and meritless legal arguments. Michigan's elections have been fair, transparent and reflect the will of the voters, and we will continue to defend against any challenges that claim otherwise," Jarvi said in a statement emailed to Newsweek.
Newsweek reached out to the Trump campaign for further comment, but it did not immediately respond.
In a Wednesday statement, which was emailed to Newsweek after Trump's campaign announced the lawsuit, Jarvi said that Michigan's election has been conducted "transparently."
"Michigan will always continue to protect the rights of all voters to have their ballots counted," the spokesperson said.
Trump narrowly won Michigan in 2016 by a margin of less than 11,000 votes. That victory came after former President Barack Obama carried the Midwestern state in 2008 and 2012, as did every Democratic presidential nominee going back to 1992. Although the Trump campaign may mount further legal challenges, Biden has won the state by a comfortable margin of 2.7 percentage points—or nearly 150,000 votes.
This article has been updated with an additional statement from Michigan's Attorney General office.
About the writer
Jason Lemon is a Senior Politics Editor at Newsweek based in Brooklyn, New York. Prior to taking on the editor role, Jason's reporting focused ... Read more