11-10-20 Trump v. Benson W.D. Mich. Complaint Final
11-10-20 Trump v. Benson W.D. Mich. Complaint Final
Plaintiffs,
v. No. ______________________
Defendants.
____________________________________/
______________________________________________________________________
1This summary is not part of the Complaint but is provided for the convenience of the
Court and parties.
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ballots containing fraudulent or unlawfully cast ballots. Likewise, we ask
the Court to enjoin the Wayne County canvassing board and the state
canvassing board from certifying any tally that includes ballots received
after election day and ballots that were processed when statutorily
designated challengers were excluded from a meaningful opportunity to
observe the processing of ballots. And finally, ballots that were tabulated
with defective or malfunctioning tabulating machines or software must be
excluded from the tally or hand-counted to confirm they are accurately
counted and may be included in any certified canvass.
1. This Court has subject matter under 28 U.S.C. 1331 which provides, “The
district courts shall have original jurisdiction of all civil actions arising under the
2. This Court also has subject matter jurisdiction under 28 U.S.C. 1343
because this action involves a federal election for President of the United States. “A
significant departure from the legislative scheme for appointing Presidential electors
presents a federal constitutional question.” Bush v. Gore, 531 U.S. 98, 113 (2000)
(Rehnquist, C.J., concurring); Smiley v. Holm, 285 U.S. 355, 365 (1932).
4. This Court has jurisdiction over the related Michigan constitutional claims
5. Venue is proper because Secretary Benson and the board of state canvassers
are located in Lansing, Michigan. The Office of the Secretary of State is in Lansing,
Michigan. The board of state canvassers meets in Lansing, Michigan. 28 U.S.C. 1391(b)
& (c).
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PARTIES
6. The entity, Donald J. Trump for President, Inc., is the campaign committee
for the reelection of President Donald J. Trump and Vice President Michael R. Pence.
President Trump and Vice President Pence have a substantial interest in assuring that
Michigan election officials process and count Michigan citizens’ ballots as required by the
United States Constitution, the Michigan Constitution, and Michigan law so that every
Sheridan, Mercedes Wirsing, and Cameron Tarsa are Michigan citizens and registered
voters. Matthew and Alexandra Seely, Philip O’Halloran, Eric Ostergren, Marian
Sheridan, and Mercedes Wirsing voted in the November 3, 2020 presidential election and
served as credentialed election challengers in that election. Matthew and Alexandra Seely
are residents and registered voters in Wayne County, Michigan. Philip O’Halloran is a
resident and registered voter in Oakland County, Michigan. Eric Ostergren is a resident
and registered voter in Roscommon County, Michigan. Marian Sheridan is a resident and
registered voter in Oakland County, Michigan. Cameron Tarsa is a resident and registered
capacity. Jocelyn Benson is the “chief elections officer” responsible for overseeing the
conduct of Michigan elections. MCL 168.21 (“The secretary of state shall be the chief
election officer of the state and shall have supervisory control over local election officials
in the performance of their duties under the provisions of this act.”); MCL 168.31(1)(a)
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(the “Secretary of State shall … issue instructions and promulgate rules … for the conduct
of elections and registrations in accordance with the laws of this state”). Local election
officials must follow Secretary Benson’s instructions regarding the conduct of elections.
Michigan law provides that Secretary Benson “[a]dvise and direct local election officials
as to the proper methods of conducting elections.” MCL 168.31(1)(b). See also Hare v.
Berrien Co Bd. of Election, 129 N.W.2d 864 (Mich. 1964); Davis v. Secretary of State,
2020 Mich. App. LEXIS 6128, at *9 (Mich. Ct. App. Sep. 16, 2020). Secretary Benson is
responsible for assuring Michigan’s local election officials conduct elections in a fair, just,
and lawful manner. See MCL 168.21; 168.31; 168.32. See also League of Women Voters
of Michigan v. Secretary of State, 2020 Mich. App. LEXIS 709, *3 (Mich. Ct. App. Jan.
27, 2020); Citizens Protecting Michigan's Constitution v. Secretary of State, 922 N.W.2d
404 (Mich. Ct. App. 2018), aff’d 921 N.W.2d 247 (Mich. 2018); Fitzpatrick v. Secretary
voting equipment for use in the state, certify[ing] the result of elections held statewide ….”
County has an Elections Division that conducts elections taking place within Wayne
County under and subject to Secretary of State Benson’s supervision and direction.
canvassing the votes cast within the county [it] serve[s]. The Board members certify
elections for local, countywide and district offices which are contained entirely within the
county they serve. The Board members are also responsible for inspecting the county’s
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ballot containers every four years.” Michigan Election Officials’ Manual, p. 5. See also
12. The Fourteenth Amendment to the United States Constitution provides “nor
shall any state deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.”
13. Article I, Section 4 of the United States Constitution provides that “[t]he
Times, Places, and Manner of holding Elections for Senators and Representatives, shall be
14. Article II, Section 1 of the United States Constitution provides the manner
Each State shall appoint, in such Manner as the Legislature thereof may
direct, a Number of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in the Congress….
The Congress may determine the Time of chusing the Electors, and the Day
on which they shall give their Votes; which Day shall be the same
throughout the United States.
The Electors shall meet in their respective states and vote by ballot for
President and Vice-President … they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as Vice-
President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number
of votes for each, which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed to the President
of the Senate….
16. Michigan’s Constitution declares that “[n]o person shall be denied the equal
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17. The Michigan Constitution’s “purity of elections” clause states that “the
legislature shall enact laws to regulate the time, place and manner of all nominations and
elections, to preserve the purity of elections, to preserve the secrecy of the ballot, to guard
against abuses of the elective franchise, and to provide for a system of voter registration
BACKGROUND
I. Secretary Benson and Wayne County election officials did not follow
Michigan’s Election Code and allowed fraud and incompetence to corrupt the
conduct of the 2020 general election.
interested in the outcome of the election provide a critical role in protecting the integrity
of elections including the prevention of voter fraud and other conduct (whether maliciously
undertaken or by incompetence) that could affect the conduct of the election. See MCL
168.730-738.
19. Michigan requires Secretary of State Benson, local election authorities, and
state and county canvassing boards to provide challengers the opportunity to meaningfully
participate in, and oversee, the conduct of Michigan elections and the counting of ballots.
20. Michigan’s election code provides that challengers shall have the following
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c. An election Challenger must be allowed to observe the manner in which the
duties of the election inspectors are being performed. MCL 168.733(1)(b).
g. An election challenger may remain present during the canvass of votes and
until the statement of returns is duly signed and made. MCL 168.733(1)(f).
i. An election challenger may keep records of votes cast and other election
procedures as the challenger desires. MCL 168.733(1)(h).
21. The Michigan Legislature adopted these provisions to prevent and deter
vote fraud, require the conduct of Michigan elections to be transparent, and to assure public
confidence in the outcome of the election no matter how close the final ballot tally may be.
22. Michigan values the important role challengers perform in assuring the
transparency and integrity of elections. For example, Michigan law provides it is a felony
punishable by up to two years in state prison for any person to threaten or intimidate a
challenger who is performing any activity described in Michigan law. MCL 168.734(4).
It is a felony punishable by up to two years in state prison for any person to prevent the
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presence of a challenger exercising their rights or to fail to provide a challenger with
24. Secretary Benson and Wayne County violated these provisions of Michigan
law and violated the constitutional rights of Michigan citizens and voters when they did
not conduct this general election in conformity with Michigan law and the United States
Constitution.
25. More than one hundred credentialed election challengers provided sworn
affidavits. These affidavits stated, among other matters, that these credentialed challengers
handling ballots, processing absent voter ballots, validating the legitimacy of absent voter
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ballots, and the general conduct of the election and ballot counting. See Exhibit 1
the conduct of the election. This allowed a substantial number of ineligible ballots to be
counted. The following affidavits describe the specifics that were observed. This conduct
election were denied meaningful opportunity to observe the conduct of the election. For
denied access to the TCF Center (formerly called Cobo Hall) ballot counting location in
Detroit while Democratic challengers were allowed access. Exhibit 1 (Deluca aff. ¶¶7-9,
16-18; Langer aff. ¶3; Papsdorf aff. ¶3; Frego aff. ¶9; Downing aff. ¶¶2-9, 11, 15, 22;
Sankey aff. ¶¶5-8; Ostin aff. ¶¶5-7; Cavaliere aff. ¶3; Cassin aff. ¶4; Rose aff. ¶18;
Zimmerman aff. ¶8; Langer aff. ¶3; Poplawski aff. ¶3; Henderson aff. ¶7; Fuqua-Frey aff.
¶5; Ungar aff. ¶4; Eilf aff. ¶¶9, 17; Jeup aff. ¶¶6-7; Tietz aff. ¶¶9-18; McCall aff. ¶¶5-6;
Arnoldy aff. ¶¶5, 8-9 (unlimited members of the media were also allowed inside regardless
28. Many challengers stated that Republican challengers who had been
admitted to the TCF Center but who left were not allowed to return. Exhibit 1 (Bomer aff.
¶16; Paschke aff. ¶4; Schneider aff., p. 2; Arnoldy aff. ¶6; Boller aff. ¶¶13-15 (removed
and not allowed to serve as challenger); Kilunen aff. ¶7; Gorman aff. ¶¶6-8; Wirsing aff.,
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p. 1; Rose aff. ¶19; Krause aff. ¶¶9, 11; Roush aff. ¶16; M. Seely aff. ¶6; Fracassi aff. ¶6;
Whitmore aff. ¶5). Furthermore, Republican challengers who left the TCF Center were
while Democratic challengers were freely admitted, there were many more Democratic
challengers allowed to observe the processing and counting of absent voter ballots than
times as many Democratic challengers as Republican); A. Seely aff. ¶19; Schneider aff., p.
2; Wirsing aff., p. 1; Rauf aff. ¶21; Roush aff. ¶¶16-17; Topini aff. ¶4).
30. Many challengers testified that election officials strictly and exactingly
enforced a six-foot distancing rule for Republican challengers but not for Democratic
challengers. Exhibit 1 (Paschke aff. ¶4; Wirsing aff., p. 1; Montie aff. ¶4; Harris aff. ¶3;
Krause aff. ¶7; Vaupel aff. ¶5; Russel aff. ¶7; Duus aff. ¶9; Topini aff. ¶6). As a result,
Republican challengers were not allowed to meaningfully observe the ballot counting
process. Id.
31. Many challengers testified that their ability to view the handling,
processing, and counting of ballots was physically and intentionally blocked by election
officials. Exhibit 1 (A. Seely aff. ¶15; Miller aff. ¶¶13-14; Pennala aff. ¶4; Tyson aff. ¶¶12-
13, 16; Ballew aff. ¶8; Schornak aff. ¶4; Williamson aff. ¶¶3, 6; Steffans aff. ¶¶15-16, 23-
24; Zaplitny aff. ¶15; Sawyer aff. ¶5; Cassin aff. ¶9; Atkins aff. ¶3; Krause aff. ¶5; Sherer
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aff. ¶¶15, 24; Basler aff. ¶¶7-8; Early aff. ¶7; Posch aff. ¶7; Chopjian aff. ¶11; Shock aff.
¶7; Schmidt aff. ¶¶7-8; M. Seely aff. ¶4; Topini aff. ¶8).
32. At least three challengers said they were physically pushed away from
counting tables by election officials to a distance that was too far to observe the counting.
Exhibit 1 (Helminen aff. ¶4; Modlin aff. ¶¶4, 6; Sitek aff. ¶4). Challenger Glen Sitek
reported that he was pushed twice by an election worker, the second time in the presence
of police officers. Id. (Sitek aff. ¶4). Sitek filed a police complaint. Id.
33. Challenger Pauline Montie stated that she was prevented from viewing the
computer monitor because election workers kept pushing it further away and made her
stand back away from the table. Exhibit 1 (Montie aff. ¶¶4-7). When Pauline Montie told
an election worker that she was not able to see the monitor because they pushed it farther
away from her, the election worker responded, “too bad.” Id. ¶8.
34. Many challengers witnessed Wayne County election officials covering the
windows of the TCF Center ballot counting center so that observers could not observe the
ballot counting process. Exhibit 1 (A. Seely aff. ¶¶9, 18; Helminen aff. ¶¶9, 12; Deluca
aff. ¶13; Steffans aff. ¶22; Frego aff. ¶11; Downing aff. ¶21; Sankey aff. ¶14; Daavettila
aff., p. 4; Zimmerman aff. ¶10; Krause aff. ¶12; Sherer aff. ¶22; Johnson aff. ¶7; Posch aff.
¶10; Rauf aff. ¶23; Luke aff., p. 1; M. Seely aff. ¶8; Zelasko aff. ¶8; Ungar aff. ¶12; Storm
aff. ¶7; Fracassi aff. ¶8; Eilf aff. ¶25; McCall aff. ¶9).
35. Many challengers testified that they were intimidated, threatened, and
harassed by election officials during the ballot processing and counting process. Exhibit 1
(Ballew aff. ¶¶7, 9; Gaicobazzi aff. ¶¶12-14 (threatened repeatedly and removed);
Schneider aff., p. 1; Piontek aff. ¶11; Steffans aff. ¶26 (intimidation made her feel too afraid
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to make challenges); Cizmar aff. ¶8(G); Antonie aff. ¶3; Zaplitny aff. ¶20; Moss aff. ¶4;
Daavettila aff., pp. 2-3; Tocco aff. ¶¶1-2; Cavaliere ¶3; Kerstein aff. ¶3; Rose aff. ¶16;
Zimmerman aff. ¶5; Langer aff. ¶3; Krause aff. ¶4; Sherer aff. ¶24; Vaupel aff. ¶4; Basler
aff. ¶8; Russell aff. ¶5; Burton aff. ¶5; Early aff. ¶7; Pannebecker aff. ¶10; Sitek aff. ¶4;
Klamer aff. ¶4; Leonard aff. ¶¶6, 15; Posch aff. ¶¶7, 14; Rauf aff. ¶24; Chopjian aff. ¶10;
Cooper aff. ¶12; Shock aff. ¶9; Schmidt aff. ¶¶9-10; Duus aff. ¶10; M. Seely aff. ¶4; Storm
aff. ¶¶5, 7; DePerno aff. ¶¶5-6; McCall aff. ¶¶5, 13). Articia Bomer was called a “racist
name” by an election worker and also harassed by other election workers. Id. (Bomer aff.
¶7). Zachary Vaupel reported that an election supervisor called him an “obscene name”
and told him not to ask questions about ballot processing and counting. Id. (Vaupel aff.
¶4). Kim Tocco was personally intimidated and insulted by election workers. Id. (Tocco
aff. ¶¶1-2). Qian Schmidt was the target of racist comments and asked, “what gives you
the right to be here since you are not American?” Id. (Schmidt aff. ¶9). Other challengers
were threatened with removal from the counting area if they continued to ask questions
about the ballot counting process. Id. (A. Seely aff. ¶¶6, 13, 15; Pennala aff. ¶5).
Challengers.” Id. (Daavettila aff., p. 2). An election official told challenger Ulrike Sherer
that the election authority had a police SWAT team waiting outside if Republican
challengers argued too much. Id. (Sherer aff. ¶24). An election worker told challenger
Jazmine Early that since “English was not [her] first language…[she] should not be taking
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37. Election officials at the TCF Center in Detroit participated in the
applaud, cheer, and yell whenever a Republican challenger was ejected from the counting
area. Exhibit 1 (Helminen aff. ¶9; Pennala aff. ¶5; Ballew aff. ¶9; Piontek aff. ¶11;
Papsdorf aff. ¶3; Steffans aff. ¶25; Cizmar aff. ¶8(D); Kilunen aff. ¶5; Daavettila aff., p. 4;
Cavaliere aff. ¶3; Cassin aff. ¶10; Langer aff. ¶3; Johnson aff. ¶5; Early aff. ¶13; Klamer
aff. ¶8; Posch aff. ¶12; Rauf aff. ¶22; Chopjian aff. ¶13; Shock aff. ¶10).
paper. A vote is a ballot that has been completed by a citizen registered to vote who has
the right to cast a vote and has done so in compliance with Michigan election law by,
among other things, verifying their identity and casting the ballot on or before Election
Day. It is the task of Secretary Benson and Michigan election officials to assure that only
ballots cast by individuals entitled to cast a vote in the election are counted and to make
sure that all ballots cast by lawful voters are counted and the election is conducted in accord
are lawfully cast and counted as provided in Michigan’s Election Code and voters can be
confident the outcome of the election was honestly and fairly determined by eligible voters.
40. Unfortunately, this did not happen in Wayne County. Many challengers
testified that their challenges to ballots were ignored and disregarded. Exhibit 1 (A. Seely
aff. ¶4; Helminen aff. ¶5; Miller aff. ¶¶10-11; Schornak aff. ¶¶9, 15; Piontek aff. ¶6;
Daavettila aff., p. 3; Valice aff. ¶2; Sawyer aff. ¶7; Kerstein aff. ¶3; Modlin aff. ¶4; Cassin
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aff. ¶6; Brigmon aff. ¶5; Sherer aff. ¶11; Early aff. ¶18; Pannebecker aff. ¶9; Vanker aff.
¶5; M. Seely aff. ¶11; Ungar aff. ¶¶16-17; Fracassi aff. ¶4).
Alexandra Seely stated that at least ten challenges she made were not recorded. Id. (A.
Seely aff. ¶4). Articia Bomer observed that ballots with votes for Trump were separated
from other ballots. Id. (Bomer aff. ¶5). Articia Bomer stated, “I witnessed election workers
open ballots with Donald Trump votes and respond by rolling their eyes and showing it to
other poll workers. I believe some of these ballots may not have been properly counted.”
Id. ¶8. Braden Gaicobazzi challenged thirty-five ballots for whom the voter records did
not exist in the poll book, but his challenge was ignored and disregarded. Exhibit 1
(Giacobazzi aff. ¶10). When Christopher Schornak attempted to challenge the counting of
ballots, an election official told him, “We are not talking to you, you cannot challenge this.”
Id. (Schornak aff. ¶15). When Stephanie Krause attempted to challenge ballots, an election
worker told her that challenges were no longer being accepted because the “rules ‘no longer
the machine, the ballot must be duplicated onto a new ballot. The Michigan Secretary of
State has instructed, “If the rejection is due to a false read the ballot must be duplicated by
two election inspectors who have expressed a preference for different political parties.”
Michigan Election Officials’ Manual, ch. 8, p. 6 (emphasis added). Thus, the ballot-
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43. But Wayne County prevented many challengers from observing the ballot
duplicating process. Exhibit 1 (Miller aff. ¶¶6-8; Steffans aff. ¶¶15-16, 23-24;
Mandelbaum aff. ¶6; Sherer aff. ¶¶16-17; Burton aff. ¶7; Drzewiecki aff. ¶7; Klamer aff.
¶9; Chopjian aff. ¶10; Schmidt aff. ¶7; Champagne aff. ¶12; Shinkle aff., p. 1). Challenger
John Miller said he was not allowed to observe election workers duplicating a ballot
because the “duplication process was personal like voting.” Id. (Miller aff. ¶8). Challenger
Mary Shinkle stated that she was told by an election worker that she was not allowed to
observe a ballot duplication because “if we make a mistake then you would be all over us.”
44. Many challengers testified that ballot duplication was performed only by
Democratic election workers, not bipartisan teams. Exhibit 1 (Pettibone aff. ¶3; Kinney
aff., p. 1; Wasilewski aff., p. 1; Schornak aff. ¶¶18-19; Dixon aff., p. 1; Kolanagireddy aff.,
p. 1; Kordenbrock aff. ¶¶3-4; Seidl aff., p. 1; Kerstein aff. ¶4; Harris aff. ¶3; Sitek aff. ¶4).
45. Challengers reported that batches of ballots were repeatedly run through the
Mandelbaum aff. ¶5; Rose aff. ¶¶4-14; Sitek aff. ¶3; Posch aff. ¶8; Champagne aff. ¶8).
Challenger Patricia Rose stated she observed a stack of about fifty ballots being fed
multiple times into a ballot scanner counting machine. Id. (Rose aff. ¶¶4-14). Challenger
Articia Bomer stated, “I observed a station where election workers were working on
scanned ballots that had issues that needed to be manually corrected. I believe some of
these workers were changing votes that had been cast for Donald Trump and other
Republican candidates.” Id. (Bomer aff. ¶9). Articia Bomer further stated that she
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witnessed the same group of ballots being rescanned into the counting machine “at least
46. Many challengers stated that the ballot number on the ballot did not match
the number on the ballot envelope, but when they raised a challenge, those challenges were
disregarded and ignored by election officials, not recorded, and the ballots were processed
and counted. Exhibit 1 (A. Seely aff. ¶15; Wasilewski aff., p. 1; Schornak aff. ¶13; Brunell
aff. ¶¶17, 19; Papsdorf aff. ¶3; Spalding aff. ¶¶8, 11; Antonie aff. ¶3; Daavettila aff., p. 3;
Atkins aff. ¶3; Harris aff. ¶3; Sherer aff. ¶21; Drzewiecki aff. ¶¶5-6; Klamer aff. ¶4; Rauf
aff. ¶¶9-14; Roush aff. ¶¶5-7; Kinney aff. ¶5). For example, when challenger Abbie
Helminen raised a challenge that the name on the ballot envelope did not match the name
on the voter list, she was told by an election official to “get away” and that the counting
table she was observing had “a different process than other tables.” Id. (Helminen aff. ¶5).
47. Many challengers reported that when a voter was not in the poll book, the
election officials would enter a new record for that voter with a birth date of January 1,
1900. Exhibit 1 (Gaicobazzi aff. ¶10; Piontek aff. ¶10; Cizmer aff. ¶8(F); Wirsing aff., p.
1; Cassin aff. ¶9; Langer aff. ¶3; Harris aff. ¶3; Brigmon aff. ¶5; Sherer aff. ¶¶10-11;
Henderson aff. ¶9; Early ¶16; Klamer aff. ¶13; Shock aff. ¶8; M. Seely aff. ¶9). See also
id. (Gorman aff. ¶¶23-26; Chopjian aff. ¶12; Ungar aff. ¶15; Valden aff. ¶17). Braden
Gaicobazzi reported that a stack of thirty-five ballots was counted even though there was
48. At least two challengers observed ballots being counted where there was no
signature or postmark on the ballot envelope. Exhibit 1 (Brunell aff. ¶¶17, 19; Spalding
aff. ¶13; Sherer aff. ¶13). Challenger Anne Vanker observed that “60% or more of [ballot]
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envelopes [in a batch] bore the same signature on the opened outer envelope.” Id. (Vanker
aff. ¶5).
50. At least two challengers observed spoiled ballots being counted. Exhibit 1
(Schornak aff. ¶¶6-8; Johnson aff. ¶4). Another challenger observed over-votes on ballots
being “corrected” so that the ballots could be counted. Id. (Zaplitny aff. ¶13).
51. At least one challenger observed a box of provisional ballots being placed
in a tabulation box at the TCF Center. Exhibit 1 (Cizmar aff. ¶5). At least one challenger
observed poll workers adding marks to a ballot where there was no mark for any candidate.
Id. (Tyson aff. ¶17). Another challenger observed election officials making mistakes when
observed passengers in cars dropping off more ballots than there were people in the car.
Exhibit 1 (Meyers aff. ¶3). This challenger also observed election workers at the Detroit
Department of Elections office handing t-shirts and food to voters in cars. Id. ¶4. This
challenger also observed an election worker accepting a ballot after 8:00 p.m. on Election
53. One Michigan voter stated that her deceased son has been recorded as
voting twice since he passed away, most recently in the 2020 general election. Exhibit 1
(Chase aff. ¶3).
at the TCF Center in Wayne County. Exhibit 2. Jessica Connarn’s affidavit describes how
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an election poll worker told Jessica Connarn that the poll worker “was being told to change
the date on ballots to reflect that the ballots were received on an earlier date.” Id. ¶1.
Jessica Connarn also provided a photograph of a note handed to her by the poll worker in
which the poll worker indicated she (the poll worker) was instructed to change the date
ballots were received. See id. Jessica Connarn’s affidavit demonstrates that poll workers
in Wayne County were pre-dating absent voter ballots, so that absent voter ballots received
55. A lawsuit recently filed by the Great Lakes Justice Center raises similar
allegations of vote fraud and irregularities that occurred in Wayne County. See Exhibit 3
(copy of complaint filed in the Circuit Court of Wayne County in Costantino, et al. v. City
of Detroit, et al.). The lawsuit alleges the Detroit Election Commission “systematically
processed and counted ballots from voters whose name failed to appear in either the
Qualified Voter File (QVF) or in the supplemental sheets.” Id. at 3. The complaint also
alleges the Election Commission “instructed election workers to not verify signatures on
absentee ballots, to backdate absentee ballots, and to process such ballots regardless of
their validity” and “instructed election workers to process ballots that appeared after the
election deadline and to falsely report that those ballots had been received prior to
November 3, 2020 deadline.” Id. The complaint further alleges the Election Board
“systematically used false information to process ballots, such as using incorrect or false
birthdays,” including inserting “new names into the QVF after the election and recorded
these new voters as having a birthdate of 1/1/1900.” Id. The complaint includes supporting
affidavits of witnesses.
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iv. Ballots were deposited in remote, unattended drop boxes
without meaningful opportunity to observe or challenge the
ballots.
56. Michigan’s election code, MCL 168.24j, requires that ballot containers
(1) A ballot container includes a ballot box, transfer case, or other container
used to secure ballots, including optical scan ballots and electronic voting
systems and data.
(3) A ballot container shall not be approved unless it meets both of the
following requirements:
(4) Before June 1 of 2002, and every fourth year after 2002, a county board of
canvassers shall examine each ballot container to be used in any election
conducted under this act. The board shall designate on the ballot container
that the ballot container does or does not meet the requirements under
subsection (3). A ballot container that has not been approved by the board
shall not be used to store voted ballots.
(5) A city, village, or township clerk may procure ballot containers as provided
in section 669 and as approved under this section.
(6) A clerk who uses or permits the use of a ballot container that has not been
approved under this section is guilty of a misdemeanor.
57. In October Michigan amended its election code to allow election authorities
to establish remote unattended ballot drop-off boxes. See MCL 168.761d. A remote,
unattended ballot drop box is essentially equivalent to a polling place where a person can
deposit a ballot. But, unlike a polling place, there is no validation that the individual
depositing a ballot in the box is an individual who is qualified to cast a vote or to lawfully
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deliver a ballot cast by a lawful voter. See, for example, MCL 168.932(f), which prohibits
“A person other than an absent voter,” and certain others, such as an immediate family
member, from possessing and returning an absent voter ballot. See also Michigan Alliance
for Retired Americans v. Secretary of State, 2020 Mich. App. LEXIS 6931, *23-24 (Mich.
Ct. App. Oct. 16, 2020) (“On balance, the ballot-handling restrictions pass constitutional
58. MCL 168.761d(4)(c) provides that “[t]he city or township clerk” who
establishes a remote ballot drop box “must use video monitoring of that drop box to ensure
observed ballots being deposited in a ballot drop box located at the Detroit Department of
Elections after 8:00 p.m. on Election Day. Exhibit 1 (Meyers aff. ¶6).
County Clerk showed that Joe Biden had over 7,700 votes — 3,000 more than Donald
Trump. Antrim County voted 62% in favor of President Trump in 2016. The Dominion
Voting Systems election management system and voting machines (tabulators), which
were used in Antrim County, are also used in many other Michigan counties, including
61. Secretary of State Benson released a statement blaming the county clerk for
not updating certain “media drives,” but her statement failed to provide any coherent
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explanation of how the Dominion Voting Systems software and vote tabulators produced
62. Secretary Benson continued: “After discovering the error in reporting the
unofficial results, the clerk worked diligently to report correct unofficial results by
reviewing the printed totals tape on each tabulator and hand-entering the results for each
63. What Secretary Benson fails to address is what would have happened if no
one “discover[ed] the error,” for instance, in Wayne County, where the number of
registered voters is much greater than Antrim County, and where the tabulators were not
individually tested.
64. Wayne County used the same Dominion voting system tabulators as did
Antrim County, and Wayne County tested only a single one of its vote tabulating machines
before the election. The Trump campaign asked Wayne County to have an observer
physically present to witness the process. See Exhibit 4. Wayne County denied the Trump
did have opportunity to watch a portion of the test of a single machine by Zoom video.
Democrat Melanie Hartman was wrongly declared the winner of the commissioner's race
by a 104-vote margin. A computer issue at the Rochester Hills clerk’s office caused them
2 https://www.michigan.gov/documents/sos/Antrim_Fact_Check_707197_7.pdf
(emphasis in original).
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to double-count some votes. After elections officials caught the error, Republican Adam
Kochenderfer was declared the winner with 1,127 more votes than Hartman. 3
66. These vote tabulator failures are a mechanical malfunction that, under MCL
canvassers shall order a special election as governed by those precincts affected by the
defect or mechanical malfunction. The board of county canvassers “is responsible for
resolving any claims that malfunctioning voting equipment or defective ballots may have
affected the outcome of a vote on an office appearing on the ballot.” Michigan Manual for
individuals, a “board of inspectors,” a “board of county canvassers,” and the “board of state
canvassers.”
69. The board of inspectors, among its other duties, canvasses the ballots and
compares the ballots to the poll books. See MCL 168.801. “Such canvass shall be public
and the doors to the polling places and at least 1 door in the building housing the polling
places and giving ready access to them shall not be locked during such canvas.” Id. The
members of the board of inspectors (one from each party) are required to seal the ballots
and election equipment and certify the statement of returns and tally sheets and deliver the
statement of returns and tally sheet to the township or city clerk, who shall deliver it to the
3https://www.freep.com/story/news/politics/elections/2020/11/08/election-
misinformation-michigan-vote-antrim-county/6209693002/
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probate court judge, who will than deliver the statement of returns and tally sheet to the
“board of county canvassers.” MCL 168.809. “All election returns, including poll lists,
statements, tally sheets, absent voters’ return envelopes bearing the statement required [to
(emphasis added).
70. After the board of inspectors completes its duties, the board of county
canvassers is to meet at the county clerk’s office “no later than 9 a.m. on the Thursday
after” the election. November 5, 2020 is the date for the meeting. MCL 168.821. The
board of county canvassers has power to summon and open ballot boxes, correct errors,
and summon election inspectors to appear. Among other duties and responsibilities, the
4 Emphasis added.
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71. The county board of canvassers shall “conclude the canvass at the earliest
possible time and in every case no later than the fourteenth day after the election,” which
is November 17. MCL 168.822(1). But, “[i]f the board of county canvassers fails to certify
the results of any election for any officer or proposition by the fourteenth day after the
election as provided, the board of county canvassers shall immediately deliver to the
secretary of the board of state canvassers all records and other information pertaining to
the election. The board of state canvassers shall meet immediately and make the necessary
determinations and certify the results within the 10 days immediately following the receipt
72. The Michigan board of state canvassers then meets at the Secretary of
State’s office the twentieth day after the election and announce its determination of the
canvass “not later than the fortieth day after the election.” For this general election that is
November 23 and December 3. MCL 168.842. There is provision for the Secretary of
State to direct an expedited canvass of the returns for the election of electors for President
Certificate of Ascertainment by December 14, the date the Electoral College meets.
74. The United States Code (3 U.S.C. 5) provides that if election results are
contested in any state, and if the state, prior to election day, has enacted procedures to settle
controversies or contests over electors and electoral votes, and if these procedures have
been applied, and the results have been determined six days before the electors’ meetings,
then these results are considered to be conclusive and will apply in the counting of the
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electoral votes. This date (the “Safe Harbor” deadline) falls on December 8, 2020. The
governor of any state where there was a contest, and in which the contest was decided
describing the form and manner by which the determination was made to the Archivist as
soon as practicable.
75. The members of the board of state canvassers are Democrat Jeannette
Democrat Julie Matuzak. Jeanette Bradshaw is the Board Chairperson. The members of
the Wayne County board of county canvassers are Republican Monica Palmer, Democrat
Jonathan Kinloch, Republican William Hartmann, and Democrat Allen Wilson. Monica
COUNT I
76. The Fourteenth Amendment to the United States Constitution provides “nor
shall any state deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.” See also
Bush v. Gore, 531 U.S. 98, 104 (2000) (“Having once granted the right to vote on equal
terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote
over that of another.”); Harper v. Virginia Board of Elections, 383 U.S. 663, 665, (1966)
(“Once the franchise is granted to the electorate, lines may not be drawn which are
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77. Wayne County’s failure to allow challengers and its counting of ineligible
and illegal ballots that did not comply with the Michigan Election Code diluted the lawful
ballots of these plaintiffs and of other Michigan voters and electors in violation of the
United States Constitution and the Michigan Constitution guarantee of equal protection.
78. President Trump’s campaign committee and these Michigan voters and
challengers seek declaratory and injunctive relief requiring Secretary Benson to direct that
conduct of the Wayne County board of county canvassers and the board of state canvassers
and that these canvassing boards exercise their duty and authority under Michigan law,
which forbids certifying a tally that includes any ballots that were not legally cast.
voters and challengers ask this Court to order that no ballot processed by a counting board
in Wayne County can be included in the final vote tally unless a challenger was allowed to
meaningfully observe the process and the handling and counting of the ballot.
80. Secretary Benson violated these Michigan voters’ right to equal protection
by allowing Wayne County to process and count ballots in a manner that allowed ineligible
ballots to be counted and by not requiring Wayne County to conduct the general election
jurisdictions.
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COUNT II
Secretary of State Benson and Wayne County violated the rights of these Michigan
voters under the federal Elections and Electors Clauses.
81. The Electors Clause states that “[e]ach State shall appoint, in such Manner
as the Legislature thereof may direct, a Number of Electors” for President. U.S. Const. art.
82. Likewise, the Elections Clause of the U.S. Constitution states that “[t]he
Times, Places, and Manner of holding Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof.” U.S. Const. art. I, §4, cl. 1 (emphasis
added).
83. Michigan statutes enacted by the legislature protect the purity and integrity
absentee ballots. Wayne County and Secretary Benson violated this statutory guarantee by
have federal elections for presidential electors governed under rules prescribed by the state
legislature for Secretary Benson and Wayne County to count ballots that are not lawfully
cast, and it is a violation of Michigan law for the Wayne County board of county canvassers
and the Michigan board of state canvassers to certify an election tally that includes
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COUNT III
Secretary of State Benson and Wayne County violated Michigan’s Election Code.
86. Secretary of State Benson and the election officials in Wayne County
Any officer or election board who shall prevent the presence of any such
challenger as above provided, or shall refuse or fail to provide such
challenger with conveniences for the performance of the duties expected of
him, shall, upon conviction, be punished by a fine not exceeding $1,000.00,
or by imprisonment in the state prison not exceeding 2 years, or by both
such fine and imprisonment in the discretion of the court.
right to participate and observe the processing of ballots violates Michigan’s Election Code
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and resulting in the casting and counting of ballots that were ineligible to be counted and
diluted or canceled out the lawfully cast ballots of other Michigan voters.
President Trump’s and Vice President Pence’s campaign committee and these
Michigan citizens and voters ask this Court to enter a declaratory judgment in their favor
as set forth in the foregoing counts and to grant the following injunctive relief:
B. An order prohibiting the Wayne County board of county canvassers and the
board of state canvassers from certifying any vote tally that includes:
(3) any ballots that were received after Election Day (November 3, 2020)
where the postmark or date of receipt was altered to be an earlier date
before Election Day; and
(4) any ballots that were verified or counted when challengers were
excluded from the room or denied a meaningful opportunity to observe
the handling of the ballot and poll book as provided in MCL 168.733.
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accurate, an order directing a special election be held in the affected
precincts as provided by MCL 168.831-168.839.
E. An order directing the board of county canvassers and the board of state
canvassers, with challengers present and meaningfully able to observe, to
obtain and review the video of unattended remote ballot drop boxes.
Plaintiffs further pray the Court to grant such other relief as is just and proper,
including but not limited to, the costs of this action and their reasonable attorney fees and
Respectfully submitted,
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