MI Recount Filings

Below are some of the legal filings that have been made so far in regards to the Michigan Recount efforts. We will try to keep this page up-to-date but things are moving fast!

Petition for Michigan Recount before State Board:  On November 29, Jill Stein asked the Michigan State Board of Canvassers to order a recount.  On November 30, the State Board ordered a recount starting on December 2.  Trump objected to the recount.  After Trump objected, the State Board delayed the recount.  We opposed Trump’s objections.  The State Board, by a 2-2 vote, rejected Trump’s objections on December 2.  The State Board also ordered that the hand recount should start late Tuesday (December 6) or early Wednesday (December 7).  On December 2, Stein filed a federal court action challenging the State Board’s decision to delay the recount (see below). 

Recount Petition

Trump's Objection to Recount Petition

Stein Response to Trump’s Objections to Recount Petition

Stein’s Federal Court Action: After the State Board delayed the recount on December 2, Stein went to federal court to ask the judge to order the recount to proceed immediately. The federal judge held argument on December 4 and granted Stein’s request that the recount not be delayed. The federal judge ordered the recount to begin by noon on December 5. The Michigan Republican Party and the Michigan Attorney General separately asked the federal appeals court (the Sixth Circuit) to stop the recount, and the Attorney General asked the entire Sixth Circuit court to consider the matter. On December 6, in three back-to-back filings, we opposed all three requests: the Republican Party’s request at 11 am, the Attorney General’s request for a stay at noon, and the request for consideration by the entire court at 1pm.

The Sixth Circuit rejected the attempts to stop the recount and agreed with the District Court’s order to begin the recount immediately. It also denied the request to be heard by the entire court.

Late on December 6, after an intermediate state court in Michigan ruled that Stein was not a proper party to seek a recount under Michigan law because she did not come close enough to winning the election, the Michigan Attorney General and the Michigan Republican Party each filed motions asking the District Court to rescind its order and stop the recount. We opposed their motions early on December 7. The Federal District Court ordered a hearing for 10:30am on December 7, 2016.

Late on December 7, 2016, the District Court dissolved its order requiring the Michigan recount to begin without delay, stopping the election recount immediately.

Stein Federal Complaint Enjoining Delay of Recount 

Stein Motion Enjoining Delay of Recount

Expert Affidavits in Support of Stein’s federal action: Halderman, Stark, Hursti, Jones, Rivest, Wallach, Vora  

Michigan Order Denying Delay of Recount

Republican Party’s Motion for a stay in federal appeals court and exhibits

Stein’s Opposition to Republican Party’s Motion for a stay in federal appeals court

Michigan Attorney General’s Motion for a stay in federal appeals court and exhibits

Stein’s opposition to Michigan Attorney General’s Motion for a stay in federal appeals court

Republican Party’s Motion for En Banc Review with Exhibits 

Stein’s opposition to Republican Party’s Request for En Banc Review

Sixth Circuit’s affirmation of District Court’s order for immediate recount

Michigan Attorney General’s motion to dissolve the order for immediate recount

Michigan Republican Party’s motion to dissolve the order for immediate recount

Stein’s opposition to motions to dissolve the order for immediate recount

Sixth Circuit’s denial of Republican Party’s and Attorney General’s requests for en banc review

District Court’s Order Ending the Recount

Michigan Attorney General and Trump Sue the State Board: On December 2, the Michigan AG and Trump sued the State Board of Canvassers in in Michigan state court to stop the recount.  While the two lawsuits were filed separately, the court consolidated them.  Jill Stein opposed the attempt to stop the recount.  The Michigan court of appeals scheduled a hearing for December 6 at 4 p.m. Stein filed a motion to disqualify two Michigan Supreme Court judges (Chief Justice Young and Justice Larsen) because they are on Trump’s own “List of Potential Supreme Court Justices.” Late on December 6, the Michigan Court of Appeals found that Jill Stein was not entitled to seek a recount because she did not qualify as an “aggrieved candidate” under state law. After this decision, the federal District Court dissolved its order requiring the Michigan recount to begin without delay, stopping the election recount immediately.

Attorney General Complaint against the State Board of Canvassers

Trump’s Suit Against the State Board of Canvassers

Stein Motion to Intervene in AG action and proposed response to AG Complaint (in the appellate court and the Supreme Court)

Stein’s Motion to Disqualify Chief Justice Young and Justice Larsen

Michigan Supreme Court grants Trump and AG’s writ of Mandamus