Judge rules Antrim County lawsuit challenging election ‘moot’
(The Center Square) – After a six-month legal battle, an Antrim County judge dismissed a 2020 election lawsuit seeking a recount.
William Bailey and his attorney, Matthew DePerno, targeted their fight in Antrim County, where human error incorrectly showed Democrat Joe Biden winning a GOP stronghold the morning after the Nov. 3 election.
The case, filed on Nov. 23, 2020, when the Board of State Canvassers certified Michigan’s election results, sought to require an “independent and nonpartisan forensic audit.”
However, 13th Circuit Court Judge Kevin Elsenheimer dismissed the case, saying state law entrusts Secretary of State Jocelyn Benson to perform audits, but not the plaintiff.
“A petitioner … does not get to choose his own audit criteria,” Elsenheimer said. “Rather the Legislature has given that authority … to the secretary of state.”
“The plaintiff’s claims in this case are moot,” the judge said. “No additional relief is available. And therefore, no claim has been stated.”
Benson welcomed the ruling.
“The dismissal of the last of the lawsuits attempting to undermine democracy in furtherance of the Big Lie affirms that despite intense scrutiny, and an unprecedented misinformation campaign, the 2020 election was fair and secure, and the results accurately reflect the will of the voters,” Benson said in a statement.
DePerno disagreed, tweeting, “Apparently the SOS can conduct the audit in any way she determines even if she is actively part of the fraud.”
Michigan Attorney General Dana Nessel called the ruling “the nail in the coffin” for election conspiracy theories
“Time and time again, people have filed frivolous lawsuits in an attempt to undermine the integrity of our democratic process in Michigan,” Nessel said in a statement. “I applaud the Court for correctly concluding that there was no relief that could properly be granted on the claims presented.”
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