Federal judge dismisses case to decertify 2020 election

LANSING, Mich. (WLNS) — A U.S. District Court judge for the Western District of Michigan dismissed a lawsuit Wednesday that had sought to de-certify the November 2020 election results, Michigan Attorney General Dana Nessel said.

Plaintiffs filed Ickes, et al v. Whitmer, et. al in September 2022, seeking to prevent the destruction of records related to the 2020 presidential election, to de-certify that election and conduct a new one and to prevent the use of allegedly uncertified voting equipment in the Nov. 2022 election, the Department of Attorney General said.

“The Court appropriately saw this suit for what it was, an effort to de-certify the results of a free and fair election and disregard the votes of millions of Michigan residents,” Nessel said. “Those responsible for these lawsuits should not be permitted to continually assault our democracy and undermine the electorate’s faith in the accuracy of our elections in craven pursuit of partisan goals in a court of law.”

The Court concluded that none of the plaintiffs had standing to challenge the 2020 election results because facts and the law did not support their claims of vote dilution, which they had based on the alleged use of uncertified voting equipment. 

Though the Court determined that two plaintiffs had standing to challenge the alleged use of uncertified voting equipment, those claims also did not hold up: “Plaintiffs’ allegations fail to connect the use of uncertified machines to vote dilution,” the Court said.

“Plaintiffs do not explain in any coherent manner how the use of uncertified machines causes unauthorized ballots to be cast or counted or authorized ballots to be discounted or flipped,” the Court went on to say. “At best, plaintiffs have pled that the use of uncertified machines violates HAVA (a federal statute) and state statutes.”

Judge Paul L. Maloney concluded, in his opinion:

“Many of plaintiffs’ allegations rely on tired examples of alleged malfeasance that have been debated for several years, most without proof or resolution. The wrinkle added to this lawsuit concerns the use of allegedly uncertified voting machines. Plaintiffs, however, have not pled facts to connect the use of uncertified voting machines to a concrete and particularized injury sufficient to maintain a cause of action. And, plaintiffs have not pled facts to connect the use of uncertified voting machines to vote dilution.”

Plaintiffs in the case were the Macomb County Republican Party, Donna Brandenburg, the Election Integrity Fund and Force, the clerk of Irving Township in Barry County and two voters.