Court of Appeals paves way for state to certify Detroit election - FOX 35 News Orlando

Michigan Court of Appeals overrules judge, paves way for state board of canvassers to certify Detroit election

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DETROIT (WJBK) -

Ingham County Circuit Judge Joyce Draganchuk's decision to temporarily restrain state elections workers from certifying Detroit's election results has been overruled.

On Friday, the Michigan Court of Appeals reversed Draganchuk's decision to hold a hearing on Tuesday, where it would have been required to show cause as to why the Michigan State Board of Canavassers had the authority to count votes.

The court's ruling comes after Michigan Attorney General Bill Schuette filed a motion to have a the restraining order removed.

The scheduled Tuesday hearing is canceled.  That means the lawsuit brought by Detroit city clerk candidate D. Etta Wilcoxon is moot.

It also means that mayoral candidate Mike Duggan will be declared the winner of the August 6th Primary, with rival candidate Benny Napoleon coming in second, if you believe what Michigan elections director Chris Thomas says, which is the preliminary state count puts Duggan's total at 48,716.

At issue is the number of write-ins cast, and the Wayne County Board of Canvassers failed to certify the election saying the Detroit City Clerk's office failed to follow procedure.  What procedure? The improper use of has tags.  So the votes were sent to the state for certification.

Detroit City Clerk Janice Winfreys disputes the Wayne County Board of Canvasser decision, saying hash marks are simply used to help count ballots, but are not required to do so.  "A five is still a five, whether it's a whole number or hash marks," said Winfrey.

Regardless of the outcome of the count, Duggan and Napoleon will face off in November's general election.

The state board of canvassers will be in Detroit on Tuesday and it is expected they will officially certify the election. 

Fox 2 will be there to report the news.


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